[Added 10-20-1987 by Ord.
No. 87-19]
[Amended 5-17-1988 by Ord.
No. 88-05; amended 10-17-1989 by Ord.
No. 89-41]
A.
IDLE SPEED
RESTRICTED AREA
WAKE
Definitions. As used in this section the following terms
shall have the meanings indicated:
The operating speed of a moving watercraft so as to result in the
lowest forward or reverse movement on water by such watercraft in order to
maintain such forward or reverse motion for reasonable control.
The track left in water by a moving watercraft and the wave action
emanating from the water track caused by such movement. "No wake" shall be
strictly construed herein to mean the resultant wave action emanating from
watercraft which is consistent with the conformance to the idle speed provisions
specified herein.
B.
Idle speed required. It shall be unlawful for any person
to operate any watercraft in excess of the idle speed, as defined herein,
on any restricted waterway within the corporate limits of the city, where
the city has posted or caused to have been posted "Idle Speed/No Wake" signs
on such restricted waterways.
C.
Restricted areas.
(1)
The narrow waterway passages between Bay Island and Star
Island from the northwest posted tip of Bay Island extending three-tenths
(0.3) nautical mile to the southeastern furthermost land mass of this waterway
passage which connects Boca Ciega Bay thereto at DOT Bridge Nos. 150053 and
150136 (Corey Causeway Structure B) shall be restricted areas.
It is unlawful for any person to operate any watercraft within the city
in a careless or negligent manner so as to endanger the life, limb or property
of any person.
No watercraft shall be operated within the waters of the city with an
outboard or inboard motor not having a properly muffled exhaust. No watercraft
shall be operated within the waters of the city so close to shore, or in any
manner, that the operation thereof disturbs the peace and tranquility. No
operator of any watercraft shall cause excessive noise. The following acts,
among others, are declared to be disturbing to the peace of the city and in
violation of this section, but shall not be deemed to be exclusive: The operation
between the hours of 11:00 p.m. and 6:00 a.m. of any power-equipped watercraft
within any manmade canal, bayou, lagoon, channel or waterway within the boundaries
of the city, except when leaving a dock or returning to a dock or within the
intercoastal waterway main channel.
A.
LIVE-ABOARD
MOOR
WATERCRAFT
As used in this section, the following terms shall have
the meanings indicated:
Refers to the occupancy or use of a watercraft by one or more persons,
as a place of habitation, residence, living quarters or for dwelling purposes,
temporarily or permanently, continuously or transiently, at any location within
the city.
To anchor or tie off any watercraft, rowboat, dinghy, canoe or other
similar type of watercraft to any submerged fixed object or to tie off or
secure a watercraft to a piling, dock, wharf, seawall or other subject or
thing located on real property within the city and adjacent to the waters
of the city.
Any boat, motorboat, sailboat, vessel, houseboat, barge, floating
structure, floating home or any contrivance of any nature whatsoever which
is waterborne, whether or not the same is capable of moving under its own
power or by sail; provided, however, that this definition shall
not apply to boats, etc., which are utilized, temporarily, for promotional
purposes as part of an event, show, boat show or the like permitted by the
City Commission.
B.
Mooring prohibited generally.
(1)
It is unlawful for any person to moor any watercraft
which is used for live-aboard purposes within the city, which is not capable
of moving under its own mechanical power or by sail.
(2)
It is unlawful for any person to moor a watercraft within
the city for a period of time in excess of 72 hours except under the following
circumstances:
(a)
The watercraft is moored at pilings, a dock or seawall
which is adjacent to private real property, with the permission of the riparian
owner or the permission of the lawful occupant of the real property authorized
to grant permission;
(b)
The watercraft is moored at a commercial marina, yacht
basin or yacht club which lawfully operates pursuant to an occupational license
issued by the city, is a lawfully permitted use pursuant to the Zoning Code[1] of the city, and which has lawfully permitted and licensed sewage
pump-out facilities, laundry facilities and public showers; or
(c)
The watercraft is moored within an area designated by
specific action of the City Commission as an approved area for the mooring
of watercraft for a time period in excess of 72 hours. The existing mooring
site of the Captain Anderson is hereby exempted from the seventy-two-hour
limitation as long as the Captain Anderson or a successor watercraft approved
by resolution of the City of South Pasadena continues to make use of the mooring
site. The City Commission may, by resolution, designate and approve areas
for mooring of watercraft for time periods in excess of 72 hours. Reasonable
rules and regulations for such areas may also be adopted by resolution.
C.
Mooring prohibited on city-owned property.
(1)
It is unlawful for any person to anchor, moor or tie
off a watercraft at, to or on any dock, seawall, pier or real property owned
by the city, for any period of time, when the dock, seawall, pier or property
has been posted by the city as "Mooring Prohibited."
(2)
It is unlawful for any person to anchor, moor or tie
off a watercraft at, to or on any dock, seawall, pier, area property or beaches
owned by the city for a period of time in excess of 12 hours when the dock,
seawall, pier or real property has not been posted as "Mooring Prohibited,"
with the specific exception of the existing mooring site of the Captain Anderson,
which is hereby exempted from the foregoing restriction as long as the Captain
Anderson or a successor watercraft approved by resolution of the City of South
Pasadena continues to make use of the mooring site.
D.
Mooring prohibited; proximity to residential dwellings. Except as otherwise permitted by Subsections B(2)(a) and (b) of this section, it is unlawful for any person to moor a watercraft for a period of time in excess of 12 hours within 500 feet of the mean high water mark of waterfront real property which is zoned, developed or used for residential dwelling purposes.
E.
Mooring to trees and vegetation prohibited.
(1)
It is unlawful for any person to moor a watercraft to
any trees or vegetation on waterfront property adjacent to the waters of the
city, for any time whatsoever when the watercraft is used for recreational
purposes.
(2)
It is unlawful for any person to moor a rowboat, dinghy,
canoe or other similar type of watercraft which is propelled by other than
mechanical power or by sail, to trees or vegetation, on waterfront property
adjacent to the waters of the city, for any time whatsoever, when the same
is used for recreational purposes.
(3)
It is unlawful for any person to moor a watercraft used
for live-aboard purposes to any trees or vegetation on waterfront property
adjacent to the waters of the city for any period of time whatsoever.
F.
Emergency exceptions to mooring prohibitions. The provisions of Subsections B, C, D and E of this section shall not apply when an emergency situation or occurrence imposes a reasonable threat to the safety or welfare of the occupants of the watercraft. In such event, a watercraft may remain temporarily moored, the prohibitions of the referenced sections notwithstanding for a period of time not to exceed 72 hours; provided, however, that the owner or occupant of a watercraft moored in violation of the aforementioned sections shall be allowed to moor, pursuant to this section, only for such period of time as is reasonably required to correct the emergency situation, and thereupon, the watercraft shall be required to conform to those sections. If a disabled watercraft cannot be repaired within 72 hours, it shall be towed or otherwise removed from the waters of the city, or the disabled watercraft shall be moored in conformity with Subsection B(2)(a) or (b) of this section.
G.
Determination of violation.
(1)
For the purposes of determining whether or not the requirements or prohibitions of Subsections B, C, D or E have been violated, the physical observation of a watercraft at the same location or approximate location, a minimum of two times within an allowed time period and one time beyond the maximum authorized time period shall be deemed prima facie evidence of a violation of the aforementioned sections of this Code. The required observations may be made by officers, employees or agents of the city, or private citizens, or both. In the case of observation by private citizens, such citizens shall be required to make an affidavit as to the observation and must otherwise comply with § 193-14 herein. Further, it shall not be relevant to a determination of a violation of the aforementioned sections that the watercraft was temporarily moved from a site or location and then later returned to that same site or location or in proximity thereto, unless the watercraft has been absent from the site or location for a period of 24 hours between each mooring.
(2)
For purposes of determining whether or not the requirements of Subsection B(1) are being met, any City Code Inspector may request that the owner/occupant(s) of the watercraft demonstrate that the watercraft is in operational condition. The owner/occupant(s), upon request, shall in the presence of the Inspector move the watercraft under its own power away from its place of mooring a sufficient distance to demonstrate that it is fully operational. If the owner/occupant(s) are unable to demonstrate that the watercraft is operational at the time of the initial request, the owner/occupant(s) shall have seven days from the date of the original request to demonstrate to the City Code Inspector that the watercraft is operational. If at the end of seven days the watercraft has not been proven operational, it can no longer be used as a live-aboard watercraft. Any person(s) residing in said unoperational watercraft after the expiration of the seven-day grace period shall be subject to the penalties outlined in § 193-14.
[Added 2-11-1992 by Ord.
No. 92-02]
A.
It shall be unlawful for any watercraft to be operated
within the waters of the city without navigational or other lights, as prescribed
therefor by the inland or international piloting rules and regulations of
the United States Coast Guard. Between the hours of sunset and sunrise, it
shall be unlawful for any watercraft to be operated on the waters of the city
without carrying a clearly visible light and exhibiting the light on the approach
of any other watercraft.
B.
The indiscriminate or unnecessary use of searchlights,
horns, whistles or bells on or from any watercraft within the corporate limits
of the city is prohibited.
C.
No watercraft shall be operated within the waters of
the city that does not show identification numbers prescribed by law or appropriate
government regulation.
It is unlawful for any person to abandon any watercraft within the waters
of the city or to moor any watercraft in such a manner that the watercraft
is or may become a menace to navigation. The presence of an unattended or
unmoored watercraft within the waters of the city shall be prima facie evidence
of a violation hereof by the owner of the watercraft. In addition to the penalties
set forth under this chapter of the Code of the City of South Pasadena, abandoned
watercraft are hereby declared to be a public nuisance and as such are subject
to towing and removal, as well as any other actions allowed under state law
by the city or private citizens of the city concerning public nuisances.
[Amended 4-27-1993 by Ord.
No. 93-08]
In addition to enforcement actions against any individuals who violate
this article witnessed by law enforcement officers, the law enforcement agency
designated by the City of South Pasadena for enforcement of the provisions
of this article is hereby authorized and directed to pursue enforcement of
this article against violators upon the following terms:
A.
Receipt of sworn affidavits from two witnesses stating:
(1)
The nature of the violation and sufficient facts to substantiate
the same.
(2)
An accurate description of the offending watercraft sufficient
to identify the same.
(3)
An accurate description of the offending person sufficient
to identify the same.
(4)
The date, time and location of the violation.
B.
Receipt of sufficient information by the investigating
officer to establish a prima facie case establishing a violation.
