Chapter 12.44
LIMITING BOATS ON CAPITOLA BEACHES DURING EVENING HOURS
Sections:
* Prior ordinance history: Ord. 512.
12.44.010 Prohibition.
No person may leave any boat, except a boat which has a permit issued as provided in this chapter and which is stored in the permitted place, on any publicly owned or publicly maintained beach within the city of Capitola during evening hours. “Evening hours” is defined as the period of time from sundown until dawn. (Ord. 537 (part), 1983)
12.44.020 Storage season.
Boats will be permitted to be stored upon Capitola beaches only from April 1st to September 15th of any year. (Ord. 537 (part), 1983)
12.44.030 Types of boats.
Boat storage permits will be issued only for multi-hulled sailboats, sailboats of less than twenty feet in length, and rowboats twenty-four feet in length or less. (Ord. 537 (part), 1983)
12.44.040 Boat storage area.
Storage shall be confined to an area adjacent to the bluff extending from the beach ramp southwesterly (toward the direction of the city of Santa Cruz). The city manager may direct the placement of signs specifically defining the boat storage area. The area shall be located in a manner designed to minimize interference with other beach uses. Spaces within the area may be designated by posts or other appropriate means. (Ord. 537 (part), 1983)
12.44.050 Short-term permits.
The city manager shall designate a portion of the boat storage area for short term use. Permits for this short term use will not exceed two weeks in duration. If demand for these spaces exceeds availability, the city manager may promulgate rules to establish a method of allocating the permits. Such rules shall be formulated so as to preserve these spaces for temporary use and to discourage repeat issuance of short term permits to the same user or boat. (Ord. 537 (part), 1983)
12.44.060 Seasonal permits.
The remainder of the boat storage area shall be utilized for storage of boats which have received a seasonal permit. The number of spaces shall be ten or such other number as the city council may establish hereafter by resolution. If the number of applications for such spaces exceeds the number of spaces, the city manager may devise reasonable rules and procedures to limit the duration of a permit in order to accommodate a greater number of boat users. For instance, if the number of interested and qualified applicants equals twice the number of spaces, those rules could provide that the seasonal permit would be applicable to only one-half of the April 1st – September 1st season. The city manager’s rules may also establish a method for determination of priority of applicants in the selection of time periods. The rules should be designed to prevent a monopolization of the available spaces by a few persons. (Ord. 537 (part), 1983)
12.44.070 Applications.
Applications for either short term or seasonal permits shall be on such forms as may be designated from time to time by the city manager. Such applications must be accompanied by a current registration and must include the CF number of the boat. (Ord. 537 (part), 1983)
12.44.080 Fees.
Fees for the permits shall originally be three dollars per day for a short term permit and thirty dollars per month for seasonal permits. These fees may be changed from time to time by city council resolution. The fees shall be limited to the amount necessary for the city to be compensated for regulation and enforcement costs. (Ord. 537 (part), 1983)
12.44.090 License agreement.
No permit shall be issued until such time as the owner or person validly in possession of the boat (usually written authorization of the owner will be required) has executed a license agreement in such form as the city attorney approves. The license agreement shall specify that the city is not responsible for loss of any kind and that the rights of the licensee are for boat storage of a designated boat only. (Ord. 537 (part), 1983)
12.44.100 Loss of permit.
The city manager, or his or her designated representative after three days prior written notice, may terminate any permit (and refund on a pro rata basis the permit fee) when:
A. The permit was obtained on the basis of false information;
B. Permittee fails to rig the halyards in such a way as to prevent noise;
C. When there has been a failure to pay the license fees. (Ord. 537 (part), 1983)
12.44.110 Penalty.
The owner of any boat, and the person who caused any boat to be left upon a beach in the city of Capitola contrary to the provisions of this chapter, shall each be guilty of an infraction for each and every night any such boat is on a beach within the city of Capitola. Boats which have accidentally run aground and cannot be removed are exempt from this chapter for the period of time during which it is infeasible to remove the boat from the beach. (Ord. 537 (part), 1983)