"Boat"
means and includes boats, canal boats, vessels, ships, barges, sailing boats, motor boats and every other structure adapted to be navigated or floated upon water for the transportation or housing of merchandise or persons.
"Harbor"
means that portion of Richardson Bay lying within the City of Mill Valley described in Exhibit "A." "Harbor" shall also include all uplands owned by the City of Mill Valley and lying immediately adjacent to the above-described portion of Richardson Bay.
"Moor"
means the fixing of a boat or watercraft by mooring, anchoring, grounding or any other means.
"Watercraft"
means and includes waterborne structures of every kind and nature which are not included within the definition of "boat," including, but not limited to, houseboats, floats, rafts and floating platforms.
(Ord. 990 § 1, June 21, 1982)
It is unlawful for any person to moor any boat or watercraft in any part of the harbor for a period in excess of 24 hours without first obtaining written permission of the City. This restriction shall not apply to boats or watercraft moored on private property with the permission of the owner, provided that no person shall live or reside upon such boat or watercraft while so moored.
(Ord. 990 § 2, June 21, 1982)
Any boat or watercraft moored in violation of the provisions of Section 13.04.020 and any water structure built, constructed or maintained in violation of Section 13.04.050 shall constitute a public nuisance. Any officer or employee of the City may direct that any such nuisance be removed and abated by the person creating, causing, committing or maintaining it. Should such person fail to immediately remove and abate such nuisance, the City may summarily remove and abate the same, and the expense of such abatement and removal shall constitute a lien upon the boat, watercraft or water structure involved, and a personal obligation of the owner thereof. For the purpose of abatement, any officer or employee of the City may board or go upon any boat, watercraft or water structure, take possession of the same, and remove the same for safekeeping and storage to another location, either within or without the harbor. Promptly after the abatement of any such nuisance, the City shall give notice to the owner of such boat, watercraft or water structure, setting forth the cost of such abatement and removal, and stating the date, time and place of a meeting of the City Council for the purpose of hearing any objections to the amount of such expense and to the assessment of the cost thereof as a lien against the boat, watercraft or water structure involved.
(Ord. 990 § 3, June 21, 1982)
Every boat entering the harbor shall immediately become subject to the order and direction of the City. No group use or instructional use of the harbor shall be allowed without first obtaining permission from the City and any such use shall be subject to the order and direction of the City.
(Ord. 710 § 1, January 5, 1970)
The owners of boats using any harbor facility or service shall pay the fees and charges thereon established by resolution of the City Council. It is unlawful for any person to store any boat in any part of the harbor without first obtaining a permit from the City and paying to the City all fees and charges as required by this chapter.
(Ord. 710 § 1, January 5, 1970)
It is unlawful for any person to remove from the harbor any boat upon which any fee or charge for using any harbor facility or service, is delinquent, without first paying all such delinquent fees and charges.
(Ord. 710 § 1, January 5, 1970)
Storage fees shall be due and payable annually in advance. Payment of such fees shall entitle the owner of a boat to a storage permit for the paid period.
(Ord. 710 § 1, January 5, 1970)
It is unlawful for any person to operate any outboard motor within the harbor without having such motor equipped with a muffler which has been approved by the City.
(Ord. 710 § 1, January 5, 1970)
The speed of any boat within 100 feet of any dock shall not exceed five miles per hour.
(Ord. 710 § 1, January 5, 1970)
The owner of any boat shall assume all risk of damage or loss to his or her property of any kind while it is within the limits of the harbor. The City assumes no risk on account of fire, theft, act of God, or damage of any kind to boats, person or equipment.
(Ord. 710 § 1, January 5, 1970)
If any section, subsection, paragraph, sentence, clause or phrase of this Chapter 13.04 shall be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter 13.04. The City Council of the City of Mill Valley hereby declares that it would have enacted this Chapter 13.04 and each section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional.
(Ord. 990 § 5, June 21, 1982)