A. 
Except as otherwise permitted by this chapter, no transitory vessel shall be moored, anchored, grounded, placed, or otherwise located in any waterway of Sacramento County for a period exceeding 14 days without a permit issued by the Sheriff. This 14 day period is consecutive and will commence upon written notice by the Sheriff. Prior to the issuance of any permit under this chapter, owners or operators of vessels shall allow the Sheriff or designee to board and inspect the onboard sewage reception system and place a dye tablet within the sewage reception system to determine compliance with this chapter.
B. 
With a permit as provided in this chapter, a vessel may be anchored in Sacramento County waterways for up to 30 consecutive days in a 60 day period if all of the following requirements are met:
1. 
The vessel is equipped with an operable Coast Guard certified marine sanitation device as follows:
a. 
An operable Type II or III device that has a label on it under 33 Code of Federal Regulations Section 159.16 or that is certified under 33 Code of Federal Regulations Section 159.12 or 159.12a; or
b. 
An operable Type I device that has a label on it under 33 Code of Federal Regulations Section 159.16 or that is certified under 33 Code of Federal Regulations Section 159.12.
c. 
When the vessel has a Type III device, the operator must secure each Type III device in a manner which prevents discharge of sewage. Acceptable methods of securing the device include:
i. 
Closing each valve leading to an overboard discharge and removing the handle; or
ii. 
Padlocking each valve leading to an overboard discharge in the closed position; or
iii. 
Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position.
2. 
The vessel is in a seaworthy condition in accordance with Sacramento County Code Section 6.42.030(M), and poses no threat of pollution or sanitation hazard;
3. 
The vessel is capable of self-propelled navigation in accordance with Sacramento County Code Section 6.42.030(M), and poses no threat of pollution or sanitation hazard;
4. 
The vessel does not obstruct navigation;
5. 
The vessel is moored in compliance with all applicable State and Federal laws.
C. 
Any transitory vessel moored within the waters of Sacramento County for greater than fourteen days (14) days shall be equipped with the following:
1. 
An operable Coast Guard certified marine sanitation device in accordance with Sacramento County Code Section 6.42.110(B)(1)(a)(b) and (c); or
2. 
A self contained portable toilet; or
3. 
Or other onboard portable sewage reception system that prevents the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind.
(SCC 1410 § 1, 2009)
A. 
Mooring and anchoring will be allowed in the Delta Meadows and Lost Slough North Channel anchorages as defined in Sacramento County Code Section 13.08.050; the Steamboat Slough Speed Zone as defined in Sacramento County Code Section 13.16.033; and Snodgrass Slough for a period of up to 180 days from May 1st to October 31st of each calendar year.
1. 
Vessels utilizing this anchorage for this time period are required to comply with the regulations of this chapter and are subject to sanitation system inspections by the Sheriff or designee every 30 days.
2. 
Vessels subject to this section and utilizing a Type III MSD or portable MSD will be required to show proof of pump out from a commercial waste removal service or from a marina or municipal service during the period they are in the exempted zones.
a. 
Proof of a pump out will be required every 30 days for those vessels equipped with a holding tank of 100 gallons or less, from the date of initial inspection by the Sheriff.
b. 
Proof of a pump out, will be required every 45 days for those vessels equipped with a holding tank of 101 to 150 gallons, from the date of initial inspection by the Sheriff.
c. 
Proof of a pump out will be required every 90 days for those vessels equipped with a holding tank of 150 gallons or more, from the date of initial inspection by the Sheriff.
B. 
This period of six months as described in subsection (A), will not preclude a boater from utilizing the 30-day mooring period as described in Sacramento County Code Section 6.42.110(B) during the remainder of the calendar year, so long as it is not used within these areas.
C. 
Vessels mooring in this area must retain their permit and provide it to authorities upon request.
D. 
Vessels anchored and/or moored on private property within these areas, as evidenced by deed conveyed by the California State Lands Commission, are exempt from the above listed stay limitations, provided that the vessel owner obtains a written permit every 180 days and has obtained written permission from the private property land owner in which the vessel is anchored or moored. Both the permit and written permission from the land owner is required to be in the immediate possession of the vessel owner while anchored and/or moored in the above described areas and is to be produced upon request by the Sheriff.
(SCC 1410 § 1, 2009)
A. 
A written permit shall only be issued in the following manner:
1. 
By making an appointment in advance with the Sacramento County Sheriff's Marine Enforcement Detail via mail, telephone, or electronic mail to have an inspection conducted upon arrival in Sacramento County waters;
2. 
On site at the time of contact, by the Sacramento County Sheriff's Marine Enforcement Detail;
3. 
A vessel that is either regularly and lawfully moored or renting a mooring at a permitted marina or dock in Sacramento County, is not required to obtain a permit under this chapter.
B. 
Except as provided in subsection (C) of this section, a written permit is valid for 30 consecutive days.
C. 
A written permit for the areas within the Delta Meadows and Lost Slough North Channel anchorages as defined in Sacramento County Code Section 13.08.050, the Steamboat Slough Speed Zone as defined in Sacramento County Code Section 13.16.033 and Snodgrass Slough will be valid for 180 consecutive days.
D. 
Any violation of this chapter will result in revocation of the written permit.
(SCC 1410 § 1, 2009)
A vessel may be moored at the following locations to the extent permitted by law:
A. 
A permitted dock;
B. 
A permitted marina provided the vessel is moored in compliance with all applicable permit conditions imposed on the marina.
(SCC 1410 § 1, 2009)
A. 
A vessel may be moored in a marina if all of the following requirements are met:
1. 
The vessel is in a seaworthy condition in accordance with the definition in Section 6.42.030, and poses no threat of pollution or sanitation hazard;
2. 
The vessel is capable of self-propelled navigation in accordance with the definition in Section 6.42.030, and poses no threat of pollution or sanitation hazard;
3. 
The vessel is moored in compliance with all applicable permit conditions imposed on the marina;
4. 
The vessel is moored in compliance with all applicable State and Federal laws.
B. 
A vessel may be moored at a permitted dock to the extent permitted by law if all of the following requirements are met:
1. 
The vessel is in a seaworthy condition in accordance with the definition in Section 6.42.030, and poses no threat of pollution or sanitation hazard;
2. 
The vessel is capable of self-propelled navigation in accordance with the definition in Section 6.42.030, and poses no threat of pollution or sanitation hazard;
3. 
The vessel does not obstruct navigation;
4. 
The vessel is moored in compliance with all applicable State and Federal laws.
(SCC 1410 § 1, 2009)
No person shall furnish or supply electrical service, natural gas or fresh water, or provide a sewer connection, to any vessel moored in violation of this chapter.
(SCC 1410 § 1, 2009)
A. 
Any vessel moored or anchored shall be moored or anchored in such a manner to prevent it from dragging anchor, becoming adrift or breaking away from its mooring which may result in a threat of pollution or sanitation hazard.
B. 
Mooring lines at docks and marinas shall be installed in a manner that will maintain a moored vessel within its berth and prevent the vessel from posing a safety hazard to the berth or to adjoining vessels.
(SCC 1410 § 1, 2009)
A. 
Imposition. Pursuant to Government Code Section 53069.4, and in addition to any other remedies provided by County Code or State law, there is hereby imposed an administrative civil penalty of up to $5,000 for each separate violation of this chapter. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in subsection 6.42.050(C) of this chapter.
The department head, or designee, shall determine and notify the violator of the time within which the violator must correct or remedy the violation. The violation notice shall state that an administrative civil penalty will be imposed if the violation is not remedied or corrected within the time stated. The notice shall state that any administrative civil penalty may be appealed and administratively reviewed by a Hearing Officer.
B. 
Administrative Review. Enforcement of the administrative civil penalty imposed by the department head, or designee shall be by written order issued by the Hearing Officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service are provided below. The order of the Hearing Officer concerning the administrative civil penalty shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the department head, or designee. In reaching a decision concerning any administrative civil penalty, the Hearing Officer shall be guided by factors including, but not limited to: the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.
C. 
The County Hearing Officer previously established by the Board of Supervisors under authority of and pursuant to Government Code Section 27720 shall conduct those administrative hearings required by this section.
1. 
Hearings—Generally. At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the department head, the owner, and other competent persons respecting the condition of the vessel, and other relevant facts concerning the matter.
2. 
Record of Oral Evidence at Hearing.
a. 
The proceedings at the hearing may be reported by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
b. 
Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.
3. 
Continuances. The hearing examiner may, upon request of the owner of the vessel or upon request of the department head, grant continuances from time to time for good cause shown, or upon his or her own motion.
4. 
Oaths—Certification. The hearing examiner or certified shorthand reporter shall administer the oath or affirmation.
5. 
Evidence Rules. Government Code of the State of California, Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings conducted under this chapter.
6. 
Rights of Parties. Each party may represent themselves, or be represented by anyone of their choice.
7. 
Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State or which may appear in any of the official records of the County or any of its departments.
8. 
Inspection of Vessels. The Hearing Examiner may inspect the vessel involved in the hearing prior to, during or after the hearing, provided that:
a. 
Notice of such inspection shall be given to the parties before the inspection is made;
b. 
The parties are given an opportunity to be present during the inspection; and
c. 
The Hearing Examiner shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
d. 
Each party then shall have a right to rebut or explain the matters so stated by the Hearing Examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
9. 
Form and Contents of Decision; Finality of Decision. If it is shown by a preponderance of the evidence that the condition of the vessel violates the provisions of this chapter:
a. 
The decision of the Hearing Examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the owner to commence abatement of the nuisance not later than 15 days after the issuance of the decision, and that the abatement be completed within such time as specified by the Hearing Examiner, or in the alternative, within the time designated by the department head. The decision shall inform the owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the County in such manner as may be ordered by the department head and the expense thereof made a lien on the property involved.
b. 
The decision shall also state that the County, as the prevailing party, is entitled to recovery of attorneys' fees as part of its costs in the nuisance abatement action.
c. 
The decision shall also inform the applicant that the time for judicial review is governed by the California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the Hearing Examiner and served as herein provided.
10. 
Service of the Hearing Examiner's Decision. Upon issuance of the decision, the department head shall post a copy thereof conspicuously on the vessel involved and shall serve a copy on the record owner, in the same manner as set forth in Section 6.42.050(C), and one copy shall be served on each of the following, if known to the department head or disclosed from official public records: the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the vessel.
11. 
Judicial Review. The manner of contesting the final order of the Hearing Officer concerning any administrative civil penalty is governed by Government Code Section 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code Section 53069.4 on the County shall be served upon the Clerk of the Board of Supervisors.
12. 
Separate Offense for Each Day of Violation/Continuing Violation. Each person violating this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by any such person. Any violation which persists for more than one day is deemed a continuing violation for the purpose of this chapter.
13. 
Collection. In addition to all remedies herein contained, the County may pursue all reasonable and legal means in collecting those sums authorized and due.
14. 
Attorneys' Fees. Pursuant to Government Code Section 25845, attorneys' fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceedings.
(SCC 1410 § 1, 2009)