Chapter 8.46
MOORING AND ANCHORING
Sections:
8.46.020 Placement of mooring equipment prohibited.
8.46.030 Anchoring or mooring prohibitions.
8.46.040 Moving dangerously moored or anchored vessels.
8.46.050 Removal of illegally anchored or moored vessels.
8.46.060 Costs of moving and storing vessels.
8.46.010 Definitions.
The following definitions are applicable in this chapter:
A. “City-controlled area” means that portion of the tidelands and submerged lands situated within the city of Capitola referred to in Section I, of Chapter 884 of Statutes of 1974, and is also described as that certain parcel of land annexed to the city by Ordinance No. 125. Unless otherwise stated the provisions of this chapter are applicable to the city-controlled area.
B. “Anchoring” means the use of weights, chains, cables, hooks and other devices for the purpose of making a vessel reasonably stationary on the surface of the ocean by providing a drag on the sea floor; which weights, chains, cables, hooks and other devices are carried as portable equipment on said vessel.
C. “Mooring equipment” means any physical equipment, including, but not limited to, weights, chains, cables, hooks and buoys used for making a vessel reasonably stationary on the surface by providing a drag on the ocean floor; which equipment ordinarily remains stationary with respect to the ocean floor when the vessel or vessels using such mooring equipment travel elsewhere.
D. “Moor” and “to moor” each mean the act of making a vessel fast to a mooring.
E. “Mooring concession area” means that portion of the city-controlled area over which the city has granted a franchise for a concession allowing the holder of the franchise or concession to place moorings within the designated area.
F. “Emergency anchoring” means anchoring for the purpose of protecting a reasonably perceived danger to life, limb or property and only for the time necessary to deal with the perceived danger. “Emergency anchoring” does not include anchoring for purposes of convenience. (Ord. 639 § 1, 1987)
8.46.020 Placement of mooring equipment prohibited.
Placement of mooring equipment in the mooring concession area, without the express consent of the holder of the mooring franchise or concession is prohibited. (Ord. 639 § l (part), 1987)
8.46.030 Anchoring or mooring prohibitions.
A. Except for emergency anchoring conducted in a fashion as safe as the circumstances permit, no vessel shall be anchored within the mooring concession area without the express written permission of the holder of the mooring franchise or concession.
B. No anchoring or mooring may be done in a manner which may result in the vessel being in areas designated for swimming or as boating lanes.
C. Mooring outside the concession area is prohibited.
D. Mooring is prohibited between October 1st and April 1st. (Ord. 888 § 1, 2005; Ord. 639 § l (part), 1987)
8.46.040 Moving dangerously moored or anchored vessels.
Any vessel which is determined by a police officer of the city to be dangerous to the physical safety of persons or to other vessels, mooring equipment, or the wharf, may be moved to a less hazardous location. If the owner of the boat or persons in possession of the boat are not available to move the boat, or refuse to do so such moving of the vessel, the moving may be conducted by persons with whom the city has contracted to provide such services. (Ord. 639 § l (part), 1987)
8.46.050 Removal of illegally anchored or moored vessels.
Any vessel which is anchored or moored contrary to the provisions of this chapter may be removed by such persons and in such manner as is authorized by city council resolution or by the city manager, or by the designated representative of the city manager. Prior to removing any such vessel pursuant to this section, efforts shall be made to contact the owner of, or the person in possession of, the particular vessel. Such efforts may including posting a notice on the vessel, sending notices to the address of the registered owner of the vessel and/or personally informing the person or persons apparently in possession of the vessel. (Ord. 639 § 1, 1987)
8.46.060 Costs of moving and storing vessels.
The owner or possessor of any vessel which is moved and/or subsequently stored pursuant to provisions of this chapter must pay the costs of the moving and/or storage prior to having possession of the vessel. (Ord. 639 § 1, 1987)
8.46.070 Hearing.
Any person contending that his or her vessel has been moved contrary to the provisions of this chapter, or that the costs of actually moving and storing are excessive, will be entitled to a hearing within two business days, by submitting a written request for such hearing to the office of the city manager. The city manager may designate a person or persons to conduct such hearings, which shall be done in an impartial manner. Any schedule of costs established by city council resolution or pursuant to an agreement between city and persons hired to move vessels shall be presumed not to be excessive. (Ord. 639 § 1, 1987)
8.46.080 Abandoned vessel.
Any vessel which has been moved pursuant to the provisions of this chapter that has not been claimed by the owner within ten days thereafter may, after a hearing conducted before the council, be determined as abandoned. As part of its decision in any such hearing, the city council may prescribe procedures for the disposition of any such vessel. (Ord. 639 § 1, 1987)