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HomeMy WebLinkAboutOrdinance 1813 (Vessel Sanitation & Dock Safety Regulations)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1813 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 17 OF THE SAN RAFAEL MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR VESSEL SANITATION AND DOCK SAFETY" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of September, 2003, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 15th day of September, 2003. by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINING: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Cohen (due to absence from Public Hearing held 9/2/03) WITNESS my hand and the official seal of the City of San Rafael this 17th day of September, 2003 U&AA _k A &-W=� - JE M. LEONCINI, City Clerk ORDINANCE NO. 1813 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 17 OF THE SAN RAFAEL MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR VESSEL SANITATION AND DOCK SAFETY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. -- FINDINGS: A. The City Council finds that in September 2002, the City of San Rafael initiated an amendment to Title 17 of the San Rafael Municipal Code to establish regulations for vessel sanitation and dock safety. B. The City Council finds that a notice describing the proposed Vessel Sanitation and Dock Safety Ordinance was: 1) published in a local newspaper of general circulation in the area; and 2) mailed to property owners adjacent to San Rafael Canal and San Pablo Bay within the City limits and other interested members of the public. C. The City Council finds that on September 2, 2003, the City Council held a public hearing and accepted all oral and written public testimony and the written report of the Community Development Department staff. D. The City Council finds that the regulations adopted herein are in general conformance with the intent, goals, policies and programs of the current San Rafael General Plan. E. The City Council finds that the regulations adopted herein are intended to and will enhance and protect the environment by promoting and protecting the quality and safety of the City's waterways, and are therefore exempt from the requirements of the California 1 Environmental Quality Act ("CEQA") under Section 15308 of the CEQA Guidelines, which exempts actions taken by regulatory agencies to assure the maintenance, restoration, enhancement or protection of the environment. DIVISION 2. -- AMENDMENT: Section 17.10.030 of the San Rafael Municipal Code is hereby amended to read as follows: Section 17.10.030. Prohibitions. Notwithstanding the provisions of any other City ordinance, it is unlawful for any person, firm, corporation or public agency to permit, cause to permit, do or cause any of the following: (a) Dump, deposit or construct within or fill with materials, dirt, earth, mud, garbage, untreated sewage, solid waste, vessels or parts of vessels of any kind, or any material whatsoever in or on any of the tidelands designated in Section 17.10.020, except in compliance with Section 17.10.040. (b) Excavate, dredge or remove any dirt, earth, mud, sand, gravel or any other material from any of the tidelands designated in Section 17.10.020, except in compliance with Section 17.10.040. (c) Construct or place any pier, dock, wall, bulkhead, breakwater or other structure on any of the tidelands designated in Section 17.10.020, except in compliance with Section 17.10.040. DIVISION 3. -- AMENDMENT: Section 17.20.080 of the San Rafael Municipal Code is hereby amended to read as follows: Section 17.20.080. Violations, Penalties. (a) In addition to any other relief provided by this Chapter, the provisions of Chapters 1.40 through 1.46 of this Code shall apply to any violation of this Chapter. (b) In any criminal prosecution or civil proceeding undertaken hereunder and charging a violation of Sections 17.20.050, 17.20.060 or 17.20.070 of this Chapter, proof by the people of the State of California or the City in a civil proceeding that the particular vessel described in the complaint was in violation of said section(s) and proof that the defendant named in the complaint was the registered owner of said vessel at the time it was in violation, shall constitute in evidence a prima facie presumption that the registered owner was the person who secured, anchored, moored or allowed the vessel to enter the waters described in Section 17.20.040 at the point where, and for the time during which, the violation occurred. DIVISION 4. -- ADDITION: Chapter 17.40, entitled "Vessel Sanitation and Dock Safety" is hereby added to the San Rafael Municipal Code to read as follows: Section 17.40.010. Purposes. San Rafael tidelands, shorelines, waterways, canals, beaches, and salt marshes are vital natural resources which need protection from contamination and deteriorating water quality which would result from discharge of sewage, or solid waste from vessels. In addition, to protect the safety of persons and vessels using the waters of the City, and to promote the accessibility of those waters, docks and berths must be built and maintained in a safe manner that does not obstruct navigation. The ordinance codified in this Chapter will promote the public health, safety and welfare of the City by establishing regulations to promote the proper disposal of 3 sewage and refuse to prevent the discharge of human waste from vessels within the City limits and to ensure dock safety and accessibility. Section 17.40.020. Definitions. For purposes of this Chapter, the following definitions, in addition to the definitions set forth in Section 17.20.020, shall apply: "Berth" means the place where a vessel lies when tied to a dock. "Harbormaster" means the person designated by the marina owner to control the operation of the marina. "Marina" means, for purposes of this Chapter, a commercial or noncommercial facility for storing, servicing, fueling, berthing and securing and launching of ten (10) or more private pleasure craft and/or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests. "Marine Sanitation Device" means any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. "Private dock" means, for purposes of this Chapter, a dock and/or boat docking facility, as defined in Section 17.20.020 and/or Section 14.03.030 of this Code, for storing, servicing, fueling, berthing and securing and launching of fewer than ten (10) private pleasure craft and/or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests. "Sewage" means any and all waste substance, liquid or solid, associated with human habitation, or which contains, or may be contaminated with, human or animal excreta or excrement, offal, or any feculent matter. 4 "Solid waste" shall have the meaning set forth in Section 9.19.030 of this Code, as amended from time to time. Section 17.40.030. Dock safety and maintenance standards for vessels in marinas and private docks. (a) Every marina or private dock allowing mooring of one or more vessels for more than seven days in any thirty -day period shall furnish to each such moored vessel a permanently supported electrical receptacle enclosed as approved by the City's Building Official, and in compliance with the City's adopted Electrical Code. Such electrical receptacle shall meet the following requirements: 1. The electrical receptacle shall be located at least 18 inches above the floating dock, unless otherwise approved by the City's Building Official. 2. The electrical receptacle shall be wired and connected to shore in nonconductive electric pipe. 3. The electrical receptacle shall have a circuit breaker. 4. The electrical receptacle shall have a wiring system nominally rated 115/230 volts, three wire ACD, with a grounded neutral and a continuous means of grounding. (b) The Harbormaster or private dock owner shall ensure that: one vessel. 1. No more than two marine certified extension cords shall be used to supply 2. The marine certified extension cords shall be connected only to the electrical receptacle on the dock and to a marine approved connector on the vessel. (c) Pilings for floating docks and equipment at marinas and private docks shall be adequate to resist lateral forces produced by any combination of wind, current, wave and impact. 5 (d) Floating docks, dock walkways, and gangways or ramps at marinas and private docks shall have sufficient buoyancy and stability to support three persons with an average weight of 175 pounds each. (e) For all new construction or complete reconstruction of docks in marinas or of private docks, the following requirements shall be met: 1. All docks and dock walkways providing main access to more than two berths shall have a clearance width of no less than four feet, except that docks and walkways extending more than 100 feet from shore shall have a clearance width of no less than five feet. 2. Docks and dock walkways that provide access between moored vessels from a main access dock or dock walkway shall have a clearance width of no less than three feet. (f) All docks at marinas and private docks shall be maintained with facilities for securely and safely mooring vessels. (g) Mooring lines at marinas and private docks shall be of sufficient strength and 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. (h) Rafting of vessels that impedes safe navigation and/or access is prohibited. Section 17.40.040. Sanitation equipment and standards for vessels, marinas and private docks. (a) Every marina shall maintain restrooms, shower facilities, and solid waste disposal facilities that are accessible to marina users at all times. (b) Every marina shall maintain sewage pump -out facilities accessible at all times to vessels using the marina, or contract with a mobile pump -out service and assure that all vessels mooring in the marina utilize the service. 6 (c) Any vessel with a Coast Guard -approved "Type I" or "Type II" Marine Sanitation Device must treat its sewage before discharge in compliance with state and/or federal law. (d) Any vessel with installed toilet facilities other than a Coast Guard -approved "Type I" or "Type II" Marine Sanitation Device, and which is within or operating upon the waters of the City or moored in a marina or at a private dock within the City for more than 7 days in any 30 -day period, shall cause any through -hull fitting on the vessel to be secured in a manner which prevents discharge of treated or untreated sewage. (e) The owner, operator, or occupant of any vessel subject to the requirement of subsection (d) of this paragraph shall produce, upon request by the City, proof of regular use of a sewage pump -out facility or service during all periods of time the vessel is within or operating upon the waters of the City or moored in a marina or at a private dock within the City for more than 7 days in any 30 -day period. (f) The Harbormaster of a marina or the private dock owner shall keep a copy of the records of proof of regular use of a sewage pump -out facility or service by any vessel with toilet facilities other than a Coast Guard -approved "Type I" or "Type II" Marine Sanitation Device that is moored in the marina or private dock for more than 7 days in any 30 -day period, and upon reasonable notice by the City, shall produce such records for inspection by the City. Section 17.40.050. Vessel inspections. (a) Any vessel owner, operator, or occupant who uses City waters for more than 7 days within any 30 -day period beginning on or after the effective date of this Chapter shall obtain an inspection of his or her vessel by either the Coast Guard Auxiliary, the Marin Sail and Power Squadron, a marine surveyor, or other qualified marine expert, to certify that the vessel is in compliance with the provisions of this Chapter and state and federal laws regarding Marine 7 Sanitation Devices, and that any through -hull overboard discharge valve is secured, unless the installed Marine Sanitation Device is a "Type I" or "Type H" device approved for discharge through hull. (b) If a vessel owner, operator, or occupant is unable to provide evidence of the required inspection upon demand by the City, the City shall have the right, upon reasonable notice to the vessel owner and/or operator and/or occupant, to inspect the vessel to verify compliance and, at the vessel owner's expense, to secure any through -hull overboard discharge valve on the vessel, unless the installed Marine Sanitation Device is a "Type I" or "Type II" device approved for discharge through hull. (c) After the initial inspection, the vessel shall be reinspected and recertified as provided in subsection (a) above within three years following any previous inspection. Section 17.40.060. Violations, Penalties. In addition to any other relief provided by this Chapter, the provisions of Chapters 1.40 through 1.46 of this Code shall apply to any violation of this Chapter. DIVISION 5. -- SEVERABILITY: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 6. -- EFFECTIVE DATE: 8 This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. r e ALB'RT J. BO , Mayor ATTEST: JEXN-NE M. LEON�Il , City Clerk The foregoing Ordinance No. 1813 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of September 2003, and ordered passed to print by the following vote, to wit: AYES: Councilmembers : Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers : None ABSENT: Councilmembers : Cohen and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15`h day of September 2003. JE M. LEONCINI, City Clerk 9