Long Term Vessel Requirements
The Harbor Patrols offers for following excerpt from the City of Avalon Municipal Code relating to the long term vessels:
10-2.101 Long Term Vessel Definition
(n) “Long Term Vessel” shall mean any vessel as defined herein which is moored in City waters during the storm season (November 1st through March 30th) and during such time is required to pay a service charge for mooring use for fourteen (14) days or more consecutive days or for a total of twenty (20) days in any thirty (30) day period.
10-2.212 Mooring Places: Use of by Guests, Long Term Use Permit Requirements, Fees.
(b) Payment of Fees: All service charges shall be paid prior to departure from the assigned mooring. Failure to pay all or any portion of a service charge which is due and owing prior to departure from the assigned mooring shall result in a penalty in the amount equal to the service charges owing, in addition to payment of any service charge owing. The Harbor Master shall have the authority to waive the penalty where the person in charge of the vessel first advises the Harbor Master of the need to remove the vessel from the mooring for repair or of the vessel owner’s desire to move the vessel outside City waters in order to avoid additional mooring fees, provided the owner has entered into an agreement for payment of outstanding fees. No person shall be permitted to pay outstanding fees under a payment plan more than once in any twelve (12) month period. There shall be added to any mooring fees that are more than fourteen (14) days past due, interest at the rate of one-half of one percent (1/2%) per month. Except when small craft or gale warnings are in effect, the Harbor Master shall have the authority to deny use of a mooring in city waters, if there are any outstanding fees as provided under this Title owed to the City by the owner or person in charge of such vessel.
(f) Long Term Vessel Permit Required:Except as provided herein, the owner or operator of a long term vessel as defined in this Article shall be required to obtain a permit from the Harbor Master by the fifteenth consecutive day of being moored in City waters during the applicable period as a condition of continued use of City moorings. A permit shall not be required of vessel owners and/or operators holding a revocable mooring permit or operating the vessel pursuant to a Waterside Permit. Long Term Vessel Permits will be issued beginning on November 1st for a 30-day period and will be automatically renewed the 1st day of each month up and to including March 30th of each year unless the Harbor Master gives notice the permit holder that he/she has become ineligible to be granted an extension for failure to comply with the conditions thereof.
The permit shall issue only if all of the following conditions exist:
(1) All fees and service charges provided for in this Title are current or payments under a payment plan are current;
(2) The Harbor Master has inspected the vessels and the owner and/or operator has demonstrated that it complies with Section 10-2.512.
(3) If the permittee, within the previous three years, has entered into a payment plan for the payment of outstanding mooring fees or other Harbor Department charges, the permittee shall also be required to pay, in addition to the applicable mooring fee(s), of a security deposit in a sum equal to the following one (1) month’s mooring fees, refundable upon expiration of the permit, less any fees owed to the City at the time of expiration of the permit.
(4) The vessel is equipped with a functioning marine sanitation device which complies with U.S. Coast Guard regulations where all through-hull valves are properly closed to prevent illegal discharge and/or dumping while in city waters.
(5) Proof of insurance as described in Section 10-2.219.
The permittee shall comply with all applicable county, state, and federal laws, the provisions of the Avalon Municipal Code and any resolutions adopted by the City Council, and all terms and conditions of the permit. Failure to comply with these laws, ordinances, resolutions, or policies shall constitute grounds for revocation of the permit and may result in the loss of use of City moorings. If the Harbor Master finds a permittee has violated any term or condition of the permit, harbor regulations or other applicable harbor related laws, the Harbor Master may suspend or revoke the permit. A decision by the Harbor Master to suspend or revoke a Long Term Mooring permit pursuant to this section shall be appealable to the City Council. Any such appeal must be filed in writing with the City Clerk within 10 days of the date of suspension or revocation. The suspension or revocation shall be stayed while the appeal is pending. The appeal shall be filed in writing and shall specify all of the grounds for the appeal. If the appeal is denied, suspension or revocation shall become effective three (3) days following the City Council’s decision.
During the period from October 15 until Palm Sunday, after payment of the service charges set forth in this subsection for the first two (2) consecutive nights a mooring is used, such a user shall be entitled to the use of such a mooring for an additional consecutive period up to and including five (5) days without charge, provided moorings are available, and provided, further, no portion of the five (5) day period falls on Palm Sunday. If a boat remains unattended during this period for more than seven (7) consecutive days, a service charge shall be paid on the regular nightly basis.
Sec. 10-2.214 Dinghy Docks.
Except as hereinafter provided and as provided in Section 10-2.206, it shall be unlawful for any person to keep a vessel less than fourteen (14') feet in length on a mooring other than as permitted at the City transient dinghy docks.
The owner of a vessel fourteen feet zero (14'00") inches in length or under may keep such vessel at a mooring provided the vessel is tied off to a larger vessel and the larger vessel is registered for that mooring.
No vessel which is greater than fourteen feet zero (14'00") inches shall be secured to the City transient dinghy docks.
No vessel, the beam of which is or which was originally manufactured to be greater than seven feet zero (7'00") inches in width, shall be secured to the City transient dinghy docks.
No person shall secure or permit to be tied to a City transient dinghy dock any vessel whose outboard motor is in other than the down position or in such a position as to expose the propeller in a manner which may cause damage to other vessels.
All persons shall comply with signs erected at dinghy docks regarding time limits and safety regulations.
No person shall secure or permit to be secured a vessel at the City transient dinghy docks for a period in excess of seventy-two (72) consecutive hours. It shall be unlawful for any person, except as authorized by the Harbor Department, to remove from a vessel any tag or other marker affixed to a vessel by the Harbor Department in order to detect violations of this provision.
Sec. 10-2.215 Moored Vessels: Lights.
All vessels anchoring or mooring in the waters of the City between sunset and sunrise shall conform to the rules and regulations of the United States regarding anchor lights in inland waters of the United States as set forth in the Navigation Laws of the United States.
Sec. 10-2.304 Speed of Vessels.
All vessels shall keep their speed wakeless or under five (5) knots, whichever is less, within the limits of the waters of the City.
Sec. 10-2.306 Operation of Generators.
All generators shall be secured and shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. The foregoing restrictions shall not apply in cases of medical emergency.
Sec. 10-2.412 Waterside Project Permits: Applications and Process.
(a) Permit Required. No person shall conduct any business or commercial enterprise in the Avalon Harbor or hold himself out as available to conduct any business or commercial enterprise which emanates from the Avalon Harbor, and including any business or commercial enterprise whose patrons use shore boats to be transported to the enterprise's vessel(s), unless a waterside permit has been obtained therefore in accordance with administrative procedures adopted by resolution and on forms to be approved by the City Manager.
Sec. 10-2.503 Contaminating Waters and Beaches.
(a) It shall be unlawful for any person to throw, discharge, deposit, or leave, or cause, suffer, or procure to be thrown, discharged, deposited, or left either from or out of any vessel or holding tank, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any description into the navigable waters of the City.
(b) It shall be unlawful for any person to discharge, or cause, suffer, or procure to be discharged or deposited, material of any kind in any place or on any banks of any navigable waters in the City where such discharged material shall be liable to be washed into the waters of the City either by ordinary or high tides, or by storms, floods, or otherwise.
(c) It shall be unlawful for any person to throw, place, or leave any dead animal or putrefying matter into the waters of the City or along the shore thereof.
(d) It shall be unlawful for any person to deposit, place, throw or in any manner dispose of any cans, receptacles, bottles, papers, food, animal or vegetable matter, rubbish, trash, garbage, or any decaying or putrid matter, material, or substance which might decay, or which might become injurious to health or which might become a nuisance or offensive to the senses of any person coming in proximity thereto into the waters of the Pacific Ocean or into the Bay of Avalon or upon the beaches of the City, or any portion thereof.
(e) It shall be unlawful for any person owning, managing, controlling, operating, navigating or otherwise handling any boat, vessel, ship, or barge to discharge, or cause to be discharged, any ballast water, bilge water or waste water containing or contaminated with any crude petroleum, refined petroleum, engine oil, or oily byproduct within the waters of the City unless such ballast water, bilge water or waste water is discharged into suitable and adequate settling basins, tanks, or other receptacles.
(f) It shall be unlawful for any person to throw, place, bury, or deposit upon any public or private beach in the City any glass, glassware, crockery, or any bottle, cup, container, plate, or other vessel made of glass, glassware, or crockery, or any other material or substance which would cause, or might reasonably be presumed to cause, injury to patrons of such beaches. None of such materials shall be left on the beach by any person, but the same shall be deposited in receptacles provided by the City for the deposit thereof or shall otherwise be removed from the beach by the owner of such materials.
(g) The unauthorized dumping of any kind of material into the waterway, or the throwing overboard, or setting adrift, or permitting to set adrift anything that is, or might become, obstructive or dangerous to navigation is hereby expressly prohibited.
(h) In order to enforce the provisions of this section and to safeguard and protect City waters from contamination, the owner and/or person in charge of any boat or vessel entering City waters shall, as condition of entering and/or remaining in City waters, allow City personnel to board the vessel and place dye tablets into the vessel's marine sanitary device, and to perform a test or tests to ensure that the marine sanitary device is in such a condition as to prevent any contaminants from being discharged into City waters. It shall be unlawful for any person to deny City personnel access to a vessel for purposes of placing dye tablets in the marine sanitary device, to refuse or interfere with testing of the marine sanitary device by City personnel, to tamper with or remove while in City waters any dye tablet placed in a marine sanitary device by City personnel, or to place any substance in the marine sanitary device with the intent to interfere with the enforcement of this section. Violation of the provisions of this subsection shall be punishable as a misdemeanor. In addition to the penalties prescribed herein and in subsection (i), the Harbor Master shall have the authority to order any owner or person in charge of any boat or vessel upon which any act or omission specified herein has occurred, to immediately remove such vessel from City waters.
(i) In the event that the Harbor Department observes or receives information that any vessel is discharging into City waters any liquid or solid material from or through it marine sanitation device, marine holding tank or related or connected equipment in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (h) of this section, or has tampered with or removed dye tablets placed in the sanitation device, or if the owner or person apparently in charge does not permit or interferes with the placing of dye tablets or performance of any testing of the marine sanitation device by the Harbor Department required by this section, then the Harbor Master or any harbor patrol officer shall locate, if present on the vessel, the owner or person in apparent control or possession of the vessel and present the evidence of discharge, tampering or removal, refusal or interference and offer that person the opportunity to respond to or rebut the evidence. The conference shall be informal. If, after the informal conference, the Harbor Master or harbor patrol officer concludes that the discharge emanated from the subject vessel, or that tampering or removal of the dye tablets has occurred, or that the placing of dye tablets or testing of the marine sanitation device has been refused or interfered with, the Harbor Master or harbor patrol officer shall issue an order barring the vessel and the person owning and/or in possession of the vessel from entering City waters on the subject vessel, and any other vessel under the person's ownership or control. In the case of discharge, the order shall be for a period of one (1) year, effective immediately. In the case of tampering or removal of dye tablets or refusal or interference with the placing of dye tablets or performance of testing, the order shall be for a period of two (2) years, effective immediately. The order shall be made in writing and delivered personally to the subject vessel owner and/or person in apparent control unless actions of the owner or person in control make such delivery impractical or infeasible. Where personal delivery cannot be made, a copy of the order shall be sent by first-class mail, postage prepaid, to the address of the person to whom the vessel is registered. The order may be appealed pursuant to the provisions of Section 10-2.217.
(j) No person shall discharge from any vessel and it shall be unlawful for any liquid or solid material to be discharged from or through a vessel's marine sanitation device or marine holding tank into City waters in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (h) of this section. Violation of this Section 10-2.503 shall be a strict liability offense, punishable as a misdemeanor.
(k) Notwithstanding the provisions of subsections (a) through (j) of this section, no violation of this section shall occur where a vessel mechanic licensed to do business in Avalon Harbor complies with the following requirements: (1) notifies the Avalon Harbor Department of the vessel name, its location and the type of repair requested prior to commencing repairs; (2) notifies the Avalon Harbor Department that the holding tank of the vessel on which he intends to conduct repairs has been pumped out, or provides an explanation of why the tank cannot be pumped out prior to commencing repair work; (3) notifies the Avalon Harbor Department prior to conducting a test flush, at which time a Harbor Deputy shall be sent to the vessel to observe the flush, or if a Harbor Deputy is not available within a reasonable time, the Harbor Department may authorize the mechanic to proceed with the test flush as agent for the Avalon Harbor Department; and (4) notifies the Avalon Harbor Department when all repairs have been completed and the mechanic or vessel owner or other person in charge is present at the vessel while new dye tablets are placed in the head(s) and a test flush is conducted. A discharge which occurs during such repair or tests conducted to confirm the successful completion of the repair shall not result in liability or penalty to the mechanic or vessel owner or other person in charge, provided there is compliance with the foregoing requirements.
Sec. 10-2.511 Unattended Vessels
Persons using moorings other than their own and those anchored in City waters shall not cause or permit a vessel which they control or for which they are responsible to be unattended. As used herein, unattended means that the vessel owner or the owner’s agent is not aboard the vessel or fails to promptly respond when contacted by the Harbor Master to care for the vessel. Where the Harbor Department is able to reach the owner, it shall be the owner’s responsibility to find another person if the owner is not able to promptly respond to the Harbor Department’s directive. An owner may designate in writing with the Harbor Department no more than two (2) agents and shall provide contact telephone numbers for each agent. In no event shall the Harbor Department or the City be responsible for damage to the vessel because of the failure to contact the owner or the agent in the event of weather or other conditions.
10-2.512 Movement of Vessels
No vessel except those moored in the harbor as a result of bona fide emergency, shall be permitted or maintained on a mooring place or in the anchorage in City waters unless the vessel has the ability to operate in open waters of the Pacific Ocean and back to the mooring or anchorage under its own mechanical power, which power is operational and can be placed and operated in neutral, forward, and reverse. If the vessel is a sailboat, it must have functioning auxiliary power that is capable of propelling and steering the sailboat in a safe manner. If a vessel owner or operator disputes the Harbor Master’s determination that the vessel does not comply with this section, the owner or operator may perform a sea trial consisting of maneuvering the vessel out of the Harbor and back to the vessel's mooring or anchorage.
Sec. 10-2.514 Unseaworthy Vessels.
It shall be unlawful for any person to secure or permit to be tied to a dinghy dock, float or wharf or to moor or to cause to be moored in the Avalon Harbor a vessel of any kind whatsoever which is unseaworthy, in a deteriorated condition, which is likely to sink, or to damage docks, wharves, floats, or other vessels, or to become a menace to navigation. If the Harbor Master determines that a vessel is so unseaworthy so as to present an immediate danger of serious injury to persons using such vessel or to others, the Harbor Master shall have authority to promptly remove and store such vessel. Where a vessel is determined to be unseaworthy but does not present an immediate danger of serious injury to persons using such vessel or others, the Harbor Master shall provide at least twenty-four (24) hours written notice before removing such vessel. The notice of the violation and intent to remove shall be attached to the vessel in a conspicuous place so as to be easily observed by the person in charge of the vessel upon the return of that person, and so as to prevent the notice from being removed by wind. All costs of removal and storage shall be recoverable from the registered owner, operator, rentee, or lessee of such vessel.
Sec. 10-2.515 Maintenance of Vessels
All vessels moored or anchored in city waters shall be sound and properly maintained so as not to create or present a danger to public safety or cause damage to city property or other vessels or persons aboard such vessels. No materials shall be stored or permitted on the vessel which result in noxious odors. Halyards and other equipment shall be secured so as to prevent unnecessary noise. Decks must be kept clear of any clutter, rubbish, debris, or parts and/or equipment relating to the marine environment so as allow clear passage and access by emergency personnel.
Sec. 10-2.219 Insurance Requirements
All vessel owners and/or operators holding a revocable mooring permit and/or operating a vessel pursuant to a Waterside Permit, and any person using a mooring as a guest or anchored in City waters for more than fifteen consecutive days during the period from November 1 to March 30, or who departs City waters and returns to City waters and uses a mooring or anchors within City Waters such that the total number of days moored or anchored in City waters is more that 15 days within any 30 day period of time or more than 60 days during a calendar year, or is moored or anchored in City water for more than thirty consecutive days during the period from April 1 to October 31, shall provide proof of current and valid Protection & Indemnity (P & I) or Watercraft Liability Insurance with limits of at least $300,000 which names the City of Avalon, its officials, employees, and volunteers as an additional insured, and which provides that coverage shall not be cancelled except after fifteen (15) days prior written notice has been given to the City. A provision allowing for cost recovery for salvage and pollution control shall be included in the P & I or Watercraft Liability Insurance.
RESOLUTION 98-60 OF THE CITY COUNCIL OF THE CITY OF AVALON SETTING FORTH POLICIES AND PROCEDURES FOR COLLECTION OF HARBOR RELATED FEES
THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY RESOLVE, FIND AND DECLARE AS FOLLOWS:
Section 1. The following policies and procedures shall apply to the collection of non-annual mooring fees:
Notice will be delivered to the delinquent vessel and sent by certified registered return receipt to the owner of the delinquent vessel when mooring fees have been unpaid for a period of seven (7) days. If within seven (7) days of mailing of the notice, full payment has not been made or the delinquent owner has not entered into a payment plan in accordance with the Payment Plan Policy, the Harbor Department will commence a Small Claims action. The Harbor Department will commence lien procedures when Small Claims judgment is final or after all reasonable attempts to find the registered owner have failed.
Except when small craft warnings are in effect, the Harbor Department shall have the authority to refuse a mooring to any vessel coming into the Harbor if there are outstanding mooring fees owed in connection with the mooring of such vessel and no Payment Plan agreement has been entered into.
The Harbor Master shall have the authority to waive the double penalty set forth in Avalon Municipal Code Section 10-2.212 (removal of vessel from harbor before payment of any fees) where a vessel owner who is delinquent in payment of mooring fees first advises the Harbor Master of the need to remove the vessel for repair or of the vessel owner’s desire to move the vessel outside the Harbor in order to avoid additional fees, provided the vessel owner has entered into an agreement for payment of outstanding fees.
Where a vessel owner has entered into an agreement for payment of outstanding fees and so long as payments are made in accordance with such agreement, the vessel owner shall be permitted to pay the reduced advance weekly mooring rate but only for one week at a time until the Payment Plan is successfully completed. The Harbor Department shall commence Small Claims and lien collection procedures when payment required under the Payment Plan is more than three (3) days over due.
California Vehicle Code sections pertaining to vessel registration:
9850 (Numbering of Undocumented Vessels). Every undocumented vessel using the waters or on the waters of this state shall be currently numbered. No person shall operate nor shall any county, city, or political subdivision give permission for the operation of any undocumented vessel on those waters unless the undocumented vessel is numbered in accordance with this chapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless (1) the certificate of number issued to such undocumented vessel is in full force and effect, and (2) the identifying number set forth in the certificate of number is displayed on each side of the bow of the undocumented vessel for which the identifying number was issued.
9853.2 (Display of Number). The owner shall paint on or attach to each side of the forward half of the vessel the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. Any such rules and regulations shall be developed in cooperation with the Department of Boating and Waterways. The number shall be maintained in a legible condition. The certificate of number shall be pocket size and shall be available at all times for inspection on the vessel for which issued, whenever the vessel is in use, except as to those vessels subject to Section 9853.3.
9854 (Federal or Out-of-State Registration). The owner of any vessel already covered by a number in full force and effect which has been issued to it pursuant to then operative federal law or a federally approved numbering system of another state shall make application within 30 days after the 90-day reciprocity period provided for in Section 9873. Such application shall be in a manner and pursuant to the procedure required for the issuance of a number under Section 9853.
9865 (Change of Address). Any holder of a certificate of number shall notify the department within 15 days, if his address no longer conforms to the address appearing on the certificate and shall, as part of such notification, furnish the department with his new address. The department may provide for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.
9873 (Undocumented Vessels Not Required to Be Numbered). An undocumented vessel shall not be required to be numbered under this chapter if it is:
(a) Already covered by a number in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state; provided, that such undocumented vessel shall be subject to the numbering requirements of this chapter if it has changed its state of principal use and has been within this state for a period in excess of 90 consecutive days.
(b) A vessel from a country other than the United States temporarily using the waters of this state.
(c) A public vessel of the United States, another state or subdivision thereof or municipality of such other state.
(d) A ship's lifeboat.
(e) Any vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that the numbering of vessels of such class will not materially aid in their identification; and, if any agency of the federal government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the department has further found that the vessel would also be exempt from numbering if it were subject to the federal law. An undocumented vessel propelled solely by oars or paddles and an undocumented vessel eight feet or less propelled solely by sail are exempt from the provisions of this chapter.
9901 (Application by Transferee for Certificates of Ownership and Numbering).
Whenever any person has received as transferee a properly endorsed certificate of ownership, he or she shall, within 10 days thereafter, forward the certificates with the transfer fee specified in Section 9855 to the department, and thereby make application for a certificate of ownership and certificate of number.