Unless otherwise specified, the words and phrases used in this chapter have the meanings given them in Chapter 5 of Division 3 (Section 650 et seq.) of the California Harbors and Navigation Code. The following words have the following meanings for purposes of this chapter:
A. 
"Floating home" or "floating structure" means a watercraft or structure that has the following characteristics:
1. 
It is a stationary structure in, on, or above the water that is:
a. 
Permanently grounded, or
b. 
Supported by a flotation system and held in place by piling or mooring devices, or
c. 
Placed on or otherwise affixed to a foundation, dock, piling, walkway, gangway, pier, barge, or other permanent structure;
2. 
It is incapable of being used for self-propelled navigation;
3. 
It is designed and built to be used, or is modified to be used, or is used, to serve purposes or provide services typically associated with a structure on or other improvement to real property. The term "floating home" or "floating structure" includes a structure that is used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, or similar facility or structure represented as such.
Incidental or limited movement of a structure upon water or resting partially or entirely on the bottom does not preclude the structure from being classified as a floating home or floating structure for purposes of this chapter. Registration of a structure as a vessel with the California Department of Motor Vehicles does not preclude the structure from being classified as a floating home or floating structure for purposes of this chapter. Floating homes and floating structures are expressly excluded from the definition of the term "vessel" provided in this section.
B. 
"Garbage" has the meaning set forth in Health and Safety Code Section 117475.
C. 
"Houseboat," as used in this chapter, means a vessel that has either a pontoon or flat-bottomed hull configuration, and has a permanent enclosed superstructure with sleeping and/or cooking facilities.
D. 
"Marine Sanitation Device" (MSD) is any Type I, II or III device approved under 33 Code of Federal Regulations Section 159.3 for the treatment or storage of sewage or waste from sewage.
E. 
"Moor" means to make fast, tie up, or otherwise secure a vessel other than by anchoring. "Moor" includes to attach to a dock, pilings, spud, walkway, gangway, pier, or other structure or to tie up to any actual object or feature.
F. 
"Permitted dock" or "permitted marina" is any structure, floating platform or building, attached to land/or floating on piles driven into the bottom of the waterway, designed for and used as a place to moor a vessel, and has received a County Use Permit or similar entitlement for that use.
G. 
"Sewage" has the meaning set forth in Harbors and Navigation Code Section 775.5(d).
H. 
"Shore" means that part of the land in immediate contact with a waterway, including the area between high-tide and low-tide marks or between high-water and low-water marks.
I. 
"To anchor" means to secure a vessel within a waterway by dropping an anchor, anchors or other ground tackle including blocks or pulleys, chain, cable or other types of anchor rode to the bottom of the waterway.
J. 
"Transitory vessel" means a vessel that is not regularly and lawfully moored or renting a mooring at a permitted marina or dock in Sacramento County, or is transiting or vacationing in the waters of Sacramento County, including trailered recreational vessels.
K. 
"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, including a seaplane on the water. Exceptions are watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. A "vessel" includes a barge, a dredge, a towboat and its tow, and a houseboat.
L. 
"Waterway" means any water, lake, river, creek, canal, lagoon, bay, inlet, slough, channel, or tributary situated within the county, or any water area situated within the County providing access for vessels to move from one place to another.
M. 
"Seaworthy" means:
1. 
Capable of traveling on the waters within Sacramento County under its own sailing or mechanical propulsion system and is able to maneuver and rescue itself should that be required to prevent it from sinking, grounding or becoming awash; or
2. 
Not in a deteriorated condition that would create a likelihood the vessel may sink or become awash; and
3. 
Not creating a pollution or sanitation hazard should the vessel sink or become awash;
4. 
Not in a deteriorated condition that includes, but is not limited to, structural damage such as rot or delamination, or is taking on water and cannot maintain floatation.
(SCC 1410 § 1, 2009)
A. 
No person owning, possessing, or in charge of any vessel, or property owner or manager where a vessel is attached, shall permit the vessel to be operated or located in violation of this chapter.
B. 
All vessels are subject to all applicable provisions of this chapter and to all other applicable provisions of County Ordinances and State and Federal law.
C. 
A floating home or floating structure is not allowed at any location in the County unless it meets all applicable zoning, building, health, sanitation, and other applicable provisions of this chapter, and meets all applicable provisions of State and Federal law.
(SCC 1410 § 1, 2009)
A. 
The County may enforce this chapter by any remedy allowed under this Code or any other remedy allowed by law, except that violations of State or Federal law incorporated into this chapter shall be enforced as provided for under the applicable law.
B. 
The Sheriff, Environmental Management Department (EMD), Code Enforcement Officer, or any peace officer is authorized to enforce this chapter.
C. 
All notices issued by the Sheriff, EMD, Code Enforcement Officer, or peace officer pursuant to this chapter shall be transmitted to the registered vessel owner by first class mail and shall be attached to the vessel in a conspicuous place so as to be easily observed by the person in charge of the vessel or by the agent of the owner, or by personal service by the Sheriff, EMD, Code Enforcement Officer, or peace officer.
D. 
Any vessel not in compliance with any sections of this chapter, when enacted, shall have 30 days to comply with the provisions of this chapter.
E. 
EMD will bill the vessel owner(s) for any costs incurred enforcing provisions of this chapter.
(SCC 1410 § 1, 2009)
A. 
If the Sheriff determines a vessel is moored or anchored in violation of this chapter, the Sheriff may issue a notice to remove. The notice will provide a date, 10 days from the date of violation, by which the vessel's owner must remove the vessel from the waterway.
B. 
If the vessel's owner does not remove the vessel in accordance with subsection (A), or cause the vessel to be removed after receiving a notice to remove, the Sheriff may remove and store the vessel. The vessel may be recovered upon proof of ownership and payment of all costs incident to recovery, movement, impounding, and storage, or may be disposed of in accordance with Sacramento County Code Section 6.42.070.
(SCC 1410 § 1, 2009)
A. 
A vessel removed and stored by the Sheriff, in accordance with Section 6.42.060 of this chapter, may be disposed of in accordance with the provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code (Boaters Lien Law). The owner of the vessel will be civilly liable to the County for all costs, fees, damages and expenses incurred by the County in removing, storing and selling the vessel.
B. 
Wrecked and abandoned vessels are subject to disposal in accordance with Chapter 3 of Division 3 of the Harbors and Navigation Code.
(SCC 1410 § 1, 2009)
Charges imposed by the County for services under this chapter, will include the recovery, movement, impounding, and storage of vessels, and will be in accordance with the cost recovery rate of the Department(s) providing these services.
(SCC 1410 § 1, 2009)
A person shall not do any of the following:
A. 
Place, deposit or dump any garbage on or adjacent to the bulkheads, docks, piers, gangways, or wharves of any waterway where the material is likely to be washed or otherwise deposited into a waterway by tides, floods, storms, waves, or accidental displacement;
B. 
Discharge or allow the release of any raw or untreated sewage or oily waste water from any vessel in the waters of Sacramento County;
C. 
Cause any mooring line, water hose, electrical cable or other service line to extend across a dock, pier, or gangway so as to create a hazardous condition that could cause accident or injury; or cause or allow any object such as ladders, tools, canvas, vessels, boat gear, or other materials or equipment to obstruct free passage along any dock, pier, or gangway; or create any other hazardous condition on a dock, pier, or gangway that could cause accident or injury;
D. 
Leave or store on any dock pier or gangway, or wharf of a waterway any empty tanks or containers previously used for flammable or combustible liquids, unless free from explosive vapors, except that empty safety containers may be kept in storage.
(SCC 1410 § 1, 2009)
A. 
Whenever a vessel is sunk in a waterway, the owner must mark the vessel immediately in accordance with State laws.
B. 
In accordance with subsection (A), a vessel that is not properly marked, or a vessel where removal does not commence immediately and is not completed within 14 days, is subject to removal, storage, and disposal in accordance with Sacramento County Code Section 6.42.060.
(SCC 1410 § 1, 2009)