HomeMy WebLinkAboutOrdinance 1242 (Houseboat Movement Regulations)CLERK'S CERTIFICATE
I, MARION A. GRADY, City Clerk of the City.pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance No. 1242
entitled:
An Urgency Ordinance of the City of San Rafael
providing for the Health, Safety, and Welfare
of San Rafael Residents by Regulating the Move-
ment of Houseboats.
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 1St
day of November 19 76 Published as re-
quired by City Charter in the Independent Journal ,
a newspaper printed and 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
lst day of November 19 76 by the following
vote, to -wit:
Ayes: Councilmen: Jensen, Mulryan, Nixon and Mayor Bettini
Noes: Councilmen: Miskimen
Absent: Councilman: None
1.11ITNESS my hand and the official seal of
the City of San Rafael this /S/ day of
- F r I -.r-+ b e" r 19_7'j�
MARION A. GRADY, City l %
CHARTER ORDINANCE NO. 1242
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
PROVIDING FOR THE HEALTH, SAFETY, AND WELFARE OF SAN RAFAEL RESIDENTS
BY REGULATING THE MOVEMENT OF HOUSEBOATS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. This Ordinance may be cited as "San Rafael
Houseboat Relocation Ordinance", and shall read as follows:
Section 1. Purpose.
Section 2. Definitions.
Section 3. Relocation Restriction
Section 4. Relocation Alternative.
Section 1. Purpose. This Ordinance is enacted to provide for the
health, safety and welfare of San Rafael residents and the general
community by establishing regulation that prohibits houseboats from
moving anywhere from outside the City into the City Limits, or moving
within the City Limits from one location to another.
Section 2. Definitions.
A. Houseboat - Is any watercraft or structure, including
c
but not limited to, vessels, boats, rafts, barges and ships, floating
or nonfloating, attached to any land, building, or premises by way of
anchors, lines, pilings, or any other means, which has facilities for
sleeping and food preparation, and is primarily designed as a place of
habitation.
B. Moor. Moor shall mean the fixing of a houseboat in one
location temporarily or permanently, by mooring, anchoring, grounding,
or any other means.
Section 3. Relocation Restriction. It shall be unlawful for any person
to enter the City of San Rafael with a houseboat and to moor or dock
such houseboat at any location within the City of San Rafael or for any
person to move a houseboat presently moored or docked within the City
of San Rafael to a new location within the City of San Rafael.
Section 4. Relocation Alternative. A houseboat presently moored or
docked within the City of San Rafael may only move to a new location
within the City of San Rafael under authority of Court Order.
DIVISION 2. This Ordinance is an Urgency Ordinance for the
immediate preservation of the public peace, health, or safety within
the meaning of Government Code Section 25123 and shall go into effect
immediately. The facts constituting such necessity are: The citizens
of the City of San Rafael are being denied peaceful use and enjoyment
of a vital natural resource, use of tidal waterways as expressed in
San Rafael Municipal Code Chapters 13.16 and 17.10 in that such un-
regulated movement of houseboats is harmful to wildlife habitants,
harmful to the purity of water and air, and harmful to the health and
general welfare of San Rafael citizens.
At the present time, San Rafael does not have houseboat
marina facilities available to insure the protection of fish, wild-
life, and the purity of the water. Houseboats presently moored and/or
occupied create a limited and known hazard to the health and welfare of
the citizens of San Rafael. To prevent an increase of these hazards,
an Ordinance prohibiting movement and relocation of houseboats within
the San Rafael tidal waterways is urgently needed.
DIVISION 3. 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.
6
C. PA L ETTINI, ayor
Attest:
MARION A. GRADY, City Verk
The above and foregoing Ordinance No. 1242 was adopted
as an Urgency Ordinance of the City of San Rafael at a regular
meeting of the City Council of San Rafael held on the 1st day of
November , 1976, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
MARION A. GRADY, City Crk