Chapter 19.12 HARBORS[7]

Part 1 GENERAL PROVISIONS

19.12.010 Title for citation.

19.12.020 Applicability of chapter provisions.

19.12.030 Compliance with regulations as condition of use--Ejection of violators.

19.12.040 Delegation of powers.

19.12.050 Enforcement--Director, Fire Chief, and/or Sheriff powers and duties.

19.12.053 Compliance with enforcement order.

19.12.060 Harbor and maritime facilities--Correction of violations--Director authority.

19.12.070 Sheriff Harbor Patrol--Authority.

19.12.080 Sheriff Harbor Patrol--Enforcement powers and duties--Statutory authority.

19.12.100 Violation--Penalty.

19.12.110 Severability.

Part 2 DEFINITIONS

19.12.120 Access service route.

19.12.130 Alcoholic beverages.

19.12.140 Auxiliary.

19.12.150 Basin.

19.12.160 Beach.

19.12.170 Bulkhead access route.

19.12.180 Carrying passengers for hire.

19.12.190 Channel.

19.12.195 Code enforcement officer.

19.12.200 Commercial sportfishing.

19.12.210 Commercial vessel.

19.12.220 County.

19.12.230 County slip.

19.12.240 Department.

19.12.250 Director.

19.12.260 Distress.

19.12.265 District.

19.12.270 Divers flag.

19.12.280 Emergency.

19.12.290 Entrance channel, Marina del Rey Harbor.

19.12.300 Facilities.

19.12.310 Fairway.

19.12.320 Fire access and harbors utility easement.

19.12.325 Fire Chief.

19.12.330 Fire department.

19.12.340 Float.

19.12.345 Floating home.

19.12.350 Harbor.

19.12.360 Harbor master.

19.12.370 Harbor Patrol.

19.12.380 License or permit.

19.12.390 Live bait receiver.

19.12.400 Main channel, Marina del Rey Harbor.

19.12.410 Maritime facility.

19.12.420 Moor.

19.12.430 Mooring.

19.12.440 Mooring buoys.

19.12.450 Navigable waters.

19.12.451 Ocean lifeguard.

19.12.453 Owner.

19.12.454 Park.

19.12.460 Public area.

19.12.470 Regulatory marker.

19.12.475 Scuba diving.

19.12.480 Shore.

19.12.490 Shall and may.

19.12.500 Sheriff.

19.12.505 Skin diving.

19.12.510 Slip.

19.12.520 State.

19.12.530 Stray vessel.

19.12.540 To anchor.

19.12.550 Underway.

19.12.555 Unseaworthy.

19.12.560 Vehicle.

19.12.570 Vessel.

19.12.580 Waters of a harbor.

19.12.590 Waterway.

19.12.600 Waterway marker.

Part 3 BOATING TRAFFIC CONTROL

19.12.610 Traffic control--Harbor master authority--Compliance required.

19.12.620 Basic speed law.

19.12.625 Lake Hughes speed zone.

19.12.630 Races and special events--Permit required--Conditions.

19.12.640 Vessels must have reverse gears--Exceptions.

Part 4 GENERAL OPERATION REQUIREMENTS

19.12.650 Liability limitations--Owner responsibility.

19.12.660 Record of all vessels required.

19.12.670 Permits--Period of validity--Grounds for suspension or revocation.

19.12.680 Obedience to signs and other control devices.

19.12.690 Tampering with or boarding vessels prohibited when.

19.12.700 Safekeeping of vessels--Evidence of authorization to perform certain services required.

19.12.710 Launching or recovering vessels--Permit required when--Locations restricted.

19.12.720 Debarking passengers or cargo--Conditions.

19.12.730 Overnight camping and similar activities restricted.

19.12.740 Alcoholic beverage restrictions.

19.12.750 Found property and stray vessels.

19.12.760 Signs and other control devices--Placement and maintenance authority.

19.12.780 Swimming areas--Vessel operation restricted when.

19.12.790 Swimming--Prohibited in certain areas.

19.12.800 Obstructing access to facilities prohibited.

19.12.810 Damaging facilities, property or control devices prohibited.

Part 5 COMMERCIAL ACTIVITIES

19.12.870 Soliciting or selling food or merchandise.

19.12.890 Live bait--Sale prohibited when.

19.12.900 Live bait--Transfer conditions.

19.12.910 Live bait--Regulations for tanks on commercial vessels.

19.12.920 Live bait--Regulations for receivers--Removal by county authorized when -Costs.

19.12.930 Disposal of bait.

Part 6 ANCHORING, MOORING AND SECURITY OF VESSELS

19.12.950 Responsibility of vessel owner.

19.12.960 Securing vessel without permission--Removal by county authorized when--Costs.

19.12.970 Anchoring restrictions.

19.12.980 Private mooring buoys--Permit required--Placement conditions.

19.12.990 Mooring to navigation aids prohibited--Exception.

19.12.1000 Securing vessels to other vessels or occupied moorings--Restrictions.

19.12.1010 Docking or mooring at county facilities prohibited when--Citations for violations.

19.12.1020 Obstructions and sunken vessels--Marking and removal--County to perform work when--Costs.

19.12.1030 Unsafe moorings--Correction requirements.

19.12.1040 Collision with unattended vessel--Notice and report requirements.

19.12.1050 Dangerous or disabled vessels.

19.12.1060 Unseaworthy vessels.

19.12.1070 Illegally moored or abandoned vessels--Removal by county authorized when--Release or other disposition.

19.12.1080 Fees imposed for county services and supplies.

Part 7 SANITATION

19.12.1090 Sanitation--Responsibility of lessee or agent--Correction by county authorized when--Costs.

19.12.1100 Toilet fixtures--Use prohibited.

19.12.1110 Use of vessel as place of abode--Restrictions.

19.12.1120 Discharge of refuse, sewage or other waste.

19.12.1130 Dead animals or fish.

19.12.1140 Discharge of petroleum, coal or paint products.

Part 8 SAFETY AND MAINTENANCE

19.12.1150 Hazardous lights prohibited.

19.12.1160 Flammable or combustible liquids and materials--Restrictions applicable.

19.12.1170 Welding, burning or cutting prohibited--Exceptions.

19.12.1180 Walkways--Obstructions prohibited.

19.12.1190 Steps and stairs--Restrictions.

19.12.1200 Defective or dangerous conditions--Remedy by county when--Costs.

Part 9 MARINA DEL REY[13]

19.12.1210 Applicability of provisions.

19.12.1220 Use of county mooring or slip--Registration and fee required when.

19.12.1230 Mooring at terminus of main walk--Conditions.

19.12.1240 Extension of vessel beyond slip or over walkway.

19.12.1250 Speed zones and speed limits.

19.12.1260 Vessels prohibited in certain areas.

19.12.1270 Commercial vessels--Restrictions.

19.12.1280 Aircraft prohibited--Exceptions.

19.12.1290 Recreation buildings--Hours for use.

19.12.1292 License or permit requirement for events and activities.

19.12.1300 Motor vehicles--Permitted when--Traffic control authority.

19.12.1310 Motor vehicles--Operation permitted where.

19.12.1320 Motor vehicles--Obedience to traffic-control signs.

19.12.1330 Motor vehicles parking.

19.12.1340 Bicycles and motorcycles.

19.12.1350 Boat trailers--Use restrictions.

19.12.1360 Small boat launching ramp use conditions.

19.12.1370 Animals prohibited--Exceptions.

19.12.1380 Wild animals and birds--Molesting prohibited.

19.12.1400 Vessels--Servicing and repair restrictions.

19.12.1410 Obstructing access routes prohibited--Removal by county authorized when--Costs.

19.12.1420 Unlawful acts at public areas.


Part 1 GENERAL PROVISIONS

19.12.010 Title for citation.

The ordinance codified in this chapter shall be known and may be cited as the “county harbor and maritime ordinance.” (Ord. 9359 Art. 1 § 101, 1967.)

19.12.020 Applicability of chapter provisions.

The provisions of this chapter and any rules and regulations adopted pursuant thereto shall be applicable to and within all county harbors, waterways and other maritime facilities under the jurisdiction of the county in either incorporated or unincorporated territory, except:
A. Where jurisdiction is given to the director of parks and recreation pursuant to Chapter 17.04 of this code, or any amendments thereto.
B. Where otherwise provided in this chapter. (Ord. 9359 Art. 1 § 102, 1967.)

19.12.030 Compliance with regulations as condition of use--Ejection of violators.

Permission to be within the limits of any harbor or other maritime facility and waterways as defined by this chapter, or to use any facilities, is conditioned on the person present complying with all the applicable provisions of this chapter, and with all orders, rules and regulations authorized by this chapter. A violation of any provision of this chapter, or of any order, rule or regulation authorized by this chapter, whether in incorporated or unincorporated territory. shall result in the person so violating being a trespasser ab initio, and the sheriff may eject such person from the harbor or other maritime facility or waterway. (Ord. 86-0039 § 1, 1986: Ord. 9359 Art. 1 § 109, 1967.)

19.12.040 Delegation of powers.

Whenever by the provisions of this chapter a power is granted to the director or a duty is imposed upon him, the power may be exercised or duty performed by a deputy of the director or by a person authorized pursuant to law, unless it is expressly otherwise provided. (Ord. 9359 Art. 1 § 104, 1967.)

19.12.050 Enforcement--Director, Fire Chief, and/or Sheriff powers and duties.

The Director, Fire Chief, and/or Sheriff shall have the power and duty to enforce all applicable laws, ordinances, traffic, and safety regulations covering usage of County harbors and other maritime facilities and waterways, and beaches that are owned, controlled, or managed by the County. Any such individual or official shall have the authority to cite as an infraction and punish by fine, in accordance with California Government Code section 25132, any violation of any ordinance, regulation, or policy occurring at any such location governed by the provisions of Chapter 19.12 of this code, the violation of which by the applicable law is an infraction. Such individual or official shall also have the authority under Chapter 1.25 of this code to issue notices of violation, impose administrative fines and/or non-compliance fees, and carry out any other appropriate measure pursuant to, and in accordance with, said chapter. The remedies available under this section shall be cumulative to any other remedy allowed under this code or otherwise allowed by law. (Ord. 2012-0006 § 1, 2012: Ord. 86-0039 § 2, 1986: Ord. 9359 Art. 1 § 106, 1967.)

19.12.053 Compliance with enforcement order.

It shall be unlawful for any person to fail to comply with any order, signal, or direction of the Director, Fire Chief, ocean lifeguard, Sheriff, or code enforcement officer who is seeking to enforce any applicable provision of this code or any other applicable law in the course of his/her duties pertaining to any activity or conduct on or in the harbors, maritime facilities, waterways, or beaches, as the case may be. (Ord. 2012-0006 § 2, 2012.)

19.12.060 Harbor and maritime facilities--Correction of violations--Director authority.

The director is vested with authority over and control of all floats, wharves, docks, and other facilities owned, leased, controlled, constructed or maintained by a lessee or private fee owner in any county harbor, waterway or other maritime facility, for the purpose of causing to be corrected any condition which violates or which would reasonably tend to cause or contribute to any violation of the purpose and provisions of this chapter. (Ord. 9359 Art. 1 § 105, 1967.)

19.12.070 Sheriff Harbor Patrol--Authority.

The sheriff shall have full authority in enforcement of all laws, ordinances and regulations affecting any county harbor or other maritime facility and waterways, and beaches within such harbors, waterways and maritime facilities. (Ord. 86-0039 § 3, 1986: Ord. 9359 Art. 1 § 108, 1967.)

19.12.080 Sheriff Harbor Patrol--Enforcement powers and duties--Statutory authority.

The Harbor Patrol, acting under the orders and jurisdiction of the sheriff, shall have full authority to enforce laws of the state of California and county of Los Angeles affecting the use of county harbors and other maritime facilities and waterways, and beaches within such harbors, waterways or maritime facilities; enforce laws of the state of California and county of Los Angeles promoting boating safety on waters of the state located within the unincorporated territory of the county of Los Angeles and within county harbors and other maritime facilities and waterways; enforce laws of the state of California providing for the registration of vessels using the waters of the state located within the unincorporated territory of the county of Los Angeles and the waters within county harbors and other maritime facilities and waterways. (Ord. 86-0039 § 4, 1986: Ord. 11708 § 1, 1978: Ord. 9359 Art. 1 § 107, 1967.)

19.12.100 Violation--Penalty.

A. It is unlawful to violate any provision of this chapter, the conditions of any permit or license issued pursuant thereto, or any rule, regulation, or policy relating to the harbors, waterways, maritime facilities, or beaches, as the case may be, duly adopted by the Board of Supervisors, the Director, Fire Chief, or Sheriff when properly adopted under his/her delegated authority, and any person committing such violation is guilty of an infraction, punishable by a fine in accordance with California Government Code section 25132.
B. Notwithstanding the above, violation of Sections 19.12.690, 19.12.810, 19.12.1040, 19.12.1100, 19.12.1140, 19.12.1150, 19.12.1160, 19.12.1170, 19.12.1250, 19.12.1280, 19.12.1380, 19.12.1420(B), and 19.12.1420(E) of this chapter is a misdemeanor, punishable by a fine not exceeding $1,000.00 or imprisonment in the County Jail for a period not exceeding six months, or both.
C. A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the Director, Fire Chief, Sheriff, and/or code enforcement officer on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued, or permitted. (Ord. 2012-0006 § 3, 2012: Ord. 88-0020 § 7, 1988; Ord. 87-0066 § 3, 1987: Ord. 86-0039 § 6, 1986: Ord. 83-0081 § 11, 1983: Ord. 12264 § 12, 1980: Ord. 9359 Art. 1 § 110, 1967.)

19.12.110 Severability.

If any provision of the ordinance codified in this chapter or the application thereof to any person or circumstance is held invalid, the remainder of such ordinance and the applicability of such provision to other persons or circumstances shall not be affected thereby. (Ord. 9359 Art. 1 § 103, 1967.)

Part 2 DEFINITIONS

19.12.120 Access service route.

“Access service route” means any access roads and/or easements designated or identified by the director and/or harbor master for use by authorized emergency or utility vehicles. (Ord. 86-0039 § 7, 1986: Ord. 9359 Art. 2 § 201, 1967.)

19.12.130 Alcoholic beverages.

“Alcoholic beverages” means and includes alcohol, spirits, liquor, wine, beer or any liquid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances. (Ord. 9359 Art. 2 § 202, 1967.)

19.12.140 Auxiliary.

“Auxiliary” means any vessel having both sails and either an inboard or outboard motor and which may be propelled by its sails or by its motor, or both. (Ord. 9359 Art. 2 § 203, 1967.)

19.12.150 Basin.

“Basin” means a naturally or artificially enclosed or nearly enclosed body of water where small craft may lie. (Ord. 9359 Art. 2 § 204, 1967.)

19.12.160 Beach.

“Beach” means a public beach area bordering the waters of a county harbor, waterway, or maritime facility. (Ord. 9359 Art. 2 § 205, 1967.)

19.12.170 Bulkhead access route.

“Bulkhead access route” means the strip of land having a minimum width of 10 feet immediately adjacent and parallel to bulkheads. (Ord. 9359 Art. 2 § 206, 1967.)

19.12.180 Carrying passengers for hire.

“Carrying passengers for hire” means the carriage of a person by vessel for which compensation is received, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel. “Compensation” has the same meaning in this section as it has in Section 19.12.210. (Ord. 92-0010 § 1, 1992: Ord. 9359 Art. 2 § 207, 1967.)

19.12.190 Channel.

“Channel” means a natural or artificial waterway of perceptible extent which either periodically or continually contains moving water or which furnishes a connecting link between two or more bodies of water; and which body of water is deep enough to be used for navigation by small craft. (Ord. 9359 Art. 2 § 208, 1967.)

19.12.195 Code enforcement officer.

"Code enforcement officer" means an employee of the Department of Beaches and Harbors who has been authorized to enforce any and all statutes, ordinances, regulations, or policies pertaining to the harbors, maritime facilities, waterways, or beaches, and who has successfully completed a basic course approved by the California Commission on Peace Officer Standards and Training pursuant to California Penal Code section 832(a) to act in this capacity. (Ord. 2012-0006 § 4, 2012.)

19.12.200 Commercial sportfishing.

“Commercial sportfishing” means the operation of any boat or vessel for profit which is gained by permitting persons to fish therefrom. (Ord. 9359 Art. 2 § 209, 1967.)

19.12.210 Commercial vessel.

“Commercial vessel” means any vessel used or operated in any type of commercial activity or venture for which compensation is received, including, but not limited to, the carrying of passengers or freight for hire, conducting charter boat trips, or operating a towing, tugboat, water taxi or excursion boat service, or other activity or venture for which compensation is received. “Compensation,” as used in this section and Section 19.12.180, means the payment of money in satisfaction of a charge made for the carriage, trip, tow, excursion, activity, or venture by the owner, charterer, operator, agent, or any person interested in the vessel for the purpose of paying for the direct and indirect expenses and earning a monetary gain from the use of the vessel in the carriage, trip, tow, expansion, activity or venture. (Ord. 92-0010 § 2, 1992: Ord. 10391 § 1, 1971: Ord. 9359 Art. 2 § 210, 1967.)

19.12.220 County.

“County” means the county of Los Angeles, state of California. (Ord. 9359 Art. 2 § 211, 1967.)

19.12.230 County slip.

“County slip” means any slip owned and operated by the county of Los Angeles. (Ord. 9359 Art. 2 § 212, 1967.)

19.12.240 Department.

“Department” means the department of beaches and harbors, county of Los Angeles. (Ord. 82-0112 § 12 (part), 1982; Ord. 9359 Art. 2 § 213, 1967.)

19.12.250 Director.

"Director" means the Director of the Department of Beaches and Harbors, his/her Chief Deputy, or any other person authorized or designated by the Director or the Chief Deputy to act in his/her stead. (Ord. 2012-0006 § 5, 2012: Ord. 82-0112 § 12 (part), 1982; Ord. 9359 Art. 2 § 214, 1967.)

19.12.260 Distress.

“Distress” means a state of disability which if unduly prolonged could endanger life or property. (Ord. 9359 Art. 2 § 215, 1967.)

19.12.265 District.

"District" means the Consolidated Fire Protection District of the County. (Ord. 2012-0006 § 6, 2012.)

19.12.270 Divers flag.

“Divers flag” means “The Divers Flag,” as defined in California Administrative Code, Title 14, Article 6. (Ord. 9359 Art. 2 § 216, 1967.)

19.12.280 Emergency.

“Emergency” means a state of proximate danger to life or property in which time is of the essence. (Ord. 9359 Art. 2 § 217, 1967.)

19.12.290 Entrance channel, Marina del Rey Harbor.

“Entrance channel, Marina del Rey Harbor” means all the portion of the inland waters of the harbor as defined by federal and state law. (Ord. 86-0039 § 8, 1986: Ord. 9359 Art. 2 § 218, 1967.)

19.12.300 Facilities.

“Facilities” means any and all facilities of a county harbor, waterway or maritime facility, either publicly or privately owned, that are intended primarily to be used by or for the service of small craft (including ramps, hoists, parking areas, leased water areas, concessions and service facilities) located on land or in the waters of the county under jurisdiction of the director in either incorporated or unincorporated territory. (Ord. 9359 Art. 2 § 219, 1967.)

19.12.310 Fairway.

“Fairway” means the parts of a waterway kept open and unobstructed for navigation. (Ord. 9359 Art. 2 § 220, 1967.)

19.12.320 Fire access and harbors utility easement.

“Fire access and harbors utility easement” means any waterside access roads and/or easements related to Marina del Rey and identified as such on the Los Angeles County Assessor’s Map No. 88 recorded in Book 1, Pages 53 to 70, inclusive, or such other fire access and harbors utility easements of any county harbor, waterway or maritime facility. (Ord. 9359 Art. 2 § 221, 1967.)

19.12.325 Fire Chief.

"Fire Chief" means the Fire Chief of the District or any other person authorized or designated by the Fire Chief to act in his/her stead. For purposes of this chapter, any reference to the Fire Chief, or to the powers and duties of the Fire Chief, pertain only to his/her role as the official responsible for the function, supervision, and control of the ocean lifeguards. (Ord. 2012-0006 § 7, 2012.)

19.12.330 Fire department.

“Fire department” means the county forester and fire warden of the county of Los Angeles. (Ord. 9359 Art. 2 § 222, 1967.)

19.12.340 Float.

“Float” means any floating structure normally for passengers used as a point of transfer for passengers and goods and/or for mooring purposes. (Ord. 9359 Art. 2 § 223, 1967.)

19.12.345 Floating home.

“Floating home” means a floating structure that was originally designed and originally built by the original manufacturer to be used as a stationary waterborne residential dwelling with no mode of power for self-navigability of its own and not intended nor insured for ocean use. Except as otherwise specifically provided, any reference in this Title 19 to the term “vessel” shall also be deemed to include a reference to a floating home. (Ord. 99-0016 § 1, 1999: Ord. 95-0043 § 1, 1995.)

19.12.350 Harbor.

“Harbor” means any water area either naturally or artificially protected so as to be a place of safety for vessels, including the artificially protective works, the public lands ashore, and the structures and facilities provided within the enclosed body of water and ashore for the mooring and the servicing of their crews and passengers, that is owned, managed or controlled by the county or under jurisdiction of the county in either incorporated or unincorporated territory. (Ord. 9359 Art. 2 § 224, 1967.)

19.12.360 Harbor master.

“Harbor master” means the sheriff or his authorized representative. (Ord. 86-0039 § 9, 1986: Ord. 9359 Art. 2 § 225, 1967.)

19.12.370 Harbor Patrol.

“Harbor Patrol” means a subdivision of the sheriff’s department. (Ord. 86-0039 § 10, 1986: Ord. 9359 Art. 2 § 226, 1967.)

19.12.380 License or permit.

"License" or "permit" means an entitlement issued by the Director granting permission for the non-exclusive use of any specified public area of the County harbors and other maritime facilities, waterways, and beaches. These entitlements shall include, but not be limited to, right-of-entry permits for construction-related activities, parking permits for parking at any such location, and licenses issued for events or activities of the type described in Section 19.12.1292 or any policy or regulation promulgated thereunder. (Ord. 2012-0006 § 8, 2012.)

19.12.390 Live bait receiver.

“Live bait receiver” means a water-ventilated container immersed in waters of a harbor or maritime facility, the purpose of which is to confine live bait fish. (Ord. 9359 Art. 2 § 228, 1967.)

19.12.400 Main channel, Marina del Rey Harbor.

“Main channel, Marina del Rey Harbor” means all waters of the harbor northerly of the cross channel line recorded as the centerline of that certain easement having a bearing of S 89* 38’ 26” W on Los Angeles County Assessor’s Map No. 88. (Ord. 9359 Art. 2 § 229, 1967.)

19.12.410 Maritime facility.

“Maritime facility” means any facility affecting the use and operations of pleasure vessels concerned with or related to a protected water area that is owned, managed or controlled by the county of Los Angeles, or under the jurisdiction of the county in either incorporated or unincorporated territory. (Ord. 9359 Art. 2 § 230, 1967.)

19.12.420 Moor.

“Moor” means to secure a vessel other than by anchoring. (Ord. 9359 Art. 2 § 231, 1967.)

19.12.430 Mooring.

“Mooring” means:
A. A place where vessels are secured;
B. The equipment used to secure a vessel; and
C. The process of securing a vessel other than by anchoring. (Ord. 9359 Art. 2 § 232, 1967.)

19.12.440 Mooring buoys.

“Mooring buoy” means a buoy secured to the bottom by anchors and provided with attachments to which a vessel may be secured by use of its anchor chain or mooring lines. (Ord. 9359 Art. 2 § 233, 1967.)

19.12.450 Navigable waters.

“Navigable waters” means any inland waters and that part of the high seas upon which the county has jurisdiction. (Ord. 86-0039 § 12, 1986: Ord. 9359 Art. 2 § 234, 1967.)

19.12.451 Ocean lifeguard.

"Ocean lifeguard" means a lifeguard employed by the County to provide life-saving services as described in Chapter 2.20 of this code. (Ord. 2012-0006 § 9, 2012.)

19.12.453 Owner.

"Owner" means a person having all the incidents of ownership, including the legal title of a vessel whether or not that person lends, rents, or pledges the vessel; the person entitled to the possession of a vessel as the purchaser under a conditional sale contract; or the mortgagor of a vessel. "Owner" does not include a person holding legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the State or to any county, city, district, or political subdivision of the state under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to the lessee for a period of 30 consecutive days or more. (Ord. 2012-0006 § 10, 2012.)

19.12.454 Park.

"Park" means every park, roadside rest, or open space easement to which the public has a right of access and use for park or recreation purposes, and every other recreation facility owned, managed, or controlled by the County in the harbors, maritime facilities, waterways, or beaches, and under the jurisdiction of the Director. (Ord. 2012-0006 § 11, 2012.)

19.12.460 Public area.

“Public area” means all areas of any county harbor, waterway or maritime facility except those areas under lease to or ownership by private persons or firms. (Ord. 9359 Art. 2 § 235, 1967.)

19.12.470 Regulatory marker.

“Regulatory marker” means any of the waterway markers defined as “regulatory markers” in the California Administrative Code, Title 14, Article 6, commencing with Section 7000. (Ord. 9359 Art. 2 § 236, 1967.)

19.12.475 Scuba diving.

“Scuba diving” means any surface or underwater swimming or diving activity that requires the aid of breathing apparatus. (Ord. 86-0039 § 13, 1986.)

19.12.480 Shore.

“Shore” means that part of the land in immediate contact with the body of water, including the area between high and low water lines. (Ord. 9359 Art. 2 § 238, 1967.)

19.12.490 Shall and may.

“Shall” is mandatory; “may” is permissive. (Ord. 9359 Art. 2 § 239, 1967.)

19.12.500 Sheriff.

“Sheriff” means the chief law enforcement officer of the county of Los Angeles or his authorized representative. (Ord. 9359 Art. 2 § 240, 1967.)

19.12.505 Skin diving.

“Skin diving” means any surface or underwater swimming or diving activity that does not require the aid of breathing apparatus, other than snorkel. (Ord. 86-0039 § 14, 1986.)

19.12.510 Slip.

“Slip” means berthing space for a single vessel alongside a pier, finger float or walkway. (Ord. 9359 Art. 2 § 237, 1967.)

19.12.520 State.

“State” means the state of California. (Ord. 9359 Art. 2 § 241, 1967.)

19.12.530 Stray vessel.

“Stray vessel” means:
A. An abandoned vessel;
B. A vessel the owner of which is unknown;
C. A vessel moored without permission; or
D. A vessel underway without a competent person in command. (Ord. 9359 Art. 2 § 242, 1967.)

19.12.540 To anchor.

“To anchor” means to secure a vessel to the bottom within a body of water by dropping an anchor or anchors. (Ord. 9359 Art. 2 § 243, 1967.)

19.12.550 Underway.

“Underway” means the condition of a vessel not at anchor, without moorings, and not made fast to the shore nor aground. (Ord. 9359 Art. 2 § 244, 1967.)

19.12.555 Unseaworthy.

“Unseaworthy” means either incapable of traveling on the waters within the state of California under its own sailing or mechanical propulsion system, or failing to comply with all applicable state and federal regulations pertaining to the class and size of vessel in question. (Ord. 99-0016 § 2, 1999: Ord. 95-0043 § 2, 1995.)

19.12.560 Vehicle.

“Vehicle” means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 9359 Art. 2 § 245, 1967.)

19.12.570 Vessel.

“Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water. (Ord. 9359 Art. 2 § 246, 1967.)

19.12.580 Waters of a harbor.

“Waters of a harbor” means all waters of any county harbor or maritime facility that is owned, managed or controlled by the county or under the jurisdiction of the county, whether or not an ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying under the water are privately or publicly owned. (Ord. 9359 Art. 2 § 249, 1967.)

19.12.590 Waterway.

“Waterway” means any water area providing access for vessels from one place to another, principally a water area that is navigable which may provide, or is used as, a regular route for water traffic, that is owned, managed or controlled by the county or under the jurisdiction of the county, either in incorporated or unincorporated territory. (Ord. 9359 Art. 2 § 247, 1967.)

19.12.600 Waterway marker.

“Waterway marker” means any state aid to navigation or regulatory marker as defined in California Administrative Code, Title 14, Article 6, commencing with Section 7000. (Ord. 9359 Art. 2 § 248, 1967.)

Part 3 BOATING TRAFFIC CONTROL

19.12.610 Traffic control--Harbor master authority--Compliance required.

The harbor master shall have authority to control water-borne traffic in any portion of the waters of a harbor, waterway or maritime facility under his jurisdiction by use of authorized state regulatory markers, signals, orders or directions and any time preceding, during and after any race, regatta, parade or other special event held in any portion of the waters of a harbor, waterway or maritime facility, or at any other time when the harbor master deems it necessary in the interest of safety of persons and vessels or other property, and it is unlawful for any person to wilfully fail or refuse to comply with any authorized state regulatory marker utilized by the harbor master , or with any signal, orders or directions of the harbor master. (Ord. 86-0039 § 15, 1986: Ord. 9359 Art. 3 § 301, 1967.)

19.12.620 Basic speed law.

A. The entire water area of each county harbor, waterway or maritime facility is designated as a speed zone in which no person, except a public officer in the performance of his duty, shall operate a vessel or cause it to be operated at a greater speed.
B. The prima facie speed limit in all areas set forth in subsection A of this section shall be five nautical miles per hour, unless posted differently by the authorities controlling said waters, in which event, the prima facie speed limit shall be posted.
C. No person shall operate a vessel upon the waters set forth in subsection A of this section in such a manner that the speed thereof creates an unnecessary or excessive wake, except a public officer in the performance of his duties.
D. No person shall operate or permit to be operated any vessel at any speed while any person on board said vessel shall be positioned in such a manner as to endanger said person.
E. No person shall operate a vessel upon the waters set forth in subsection A of this section at a speed which shows a wilful or wanton disregard for the safety of persons or property. (Ord. 86-0039 § 16, 1986: Ord. 9359 Art. 3 § 302, 1967.)

19.12.625 Lake Hughes speed zone.

No power-driven vessel shall be operated on Lake Huges at a speed in excess of five miles per hour. (Ord. 85-0015 § 1, 1985.)

19.12.630 Races and special events--Permit required--Conditions.

A. It is unlawful for any person to engage or participate in a boat race, regatta, demonstration, exhibition or other special event unless so authorized by permit of the director and/or harbor master.
B. If the harbor master finds that conditions in any particular harbor, waterway, maritime facility or portion thereof at a particular time can be so regulated that the participation of any vessel or group of vessels, or of certain classes, sizes or types thereof, in a boat race, regatta, demonstration, exhibition or other special event will not create any danger to persons or property, and will not unduly interfere with the normal use of such harbor, maritime facility or waterway, he may grant a temporary permit authorizing such vessels to participate in such special events at such times and under such conditions and restrictions as he may prescribe. A person may operate a vessel so authorized to participate in the manner prescribed by the permit so long as he complies in all respects with the terms, conditions and restrictions of such permit. Permits granted under the provisions of this section are immediately revocable upon determination by the harbor master that a dangerous or intolerable situation exists during the conduct of the special event. (Ord. 86-0039 § 17, 1986: Ord. 9359 Art. 3 § 303, 1967.)

19.12.640 Vessels must have reverse gears--Exceptions.

It is unlawful for any person to operate on the waters of any harbor, waterway or maritime facility any power or motordriven vessel that does not have a reverse gear or the means to reverse and stop the vessel, except when participating as a contestant per subsection B of Section 19.12.630, or as permitted by the harbor master. (Ord. 86-0039 § 18, 1986: Ord. 9359 Art. 3 § 304, 1967.)

Part 4 GENERAL OPERATION REQUIREMENTS

19.12.650 Liability limitations--Owner responsibility.

Any person using the facilities within the limits of a harbor, waterway, or maritime facility or beach shall assume all risk of damage or loss to his property and the County, the District, or department assumes no risk on account of fire, theft, act of God, or damages of any kind to vessels within the harbor, waterway, or maritime facility. (Ord. 2012-0006 § 12, 2012: Ord. 9359 Art. 4 § 401, 1967.)

19.12.660 Record of all vessels required.

The harbor master shall keep an accurate record of the number, size, type and description of all vessels within a county harbor, waterway or maritime facility, and it is unlawful for any person having knowledge thereof to fail or refuse to provide said information to the harbor master on demand. (Ord. 86-0039 § 19, 1986: Ord. 9359 Art. 4 § 414, 1967.)

19.12.670 Permits--Period of validity--Grounds for suspension or revocation.

All permits granted under the authority of this chapter shall be valid only for such period as may be determined by the director and/or harbor master. A violation of the provisions of this chapter or of any other applicable ordinance by any permittee shall be grounds for suspension or revocation of such permit or permits. (Ord. 86-0039 § 20, 1986: Ord. 9359 Art. 4 § 403, 1967.)

19.12.680 Obedience to signs and other control devices.

It is unlawful to wilfully fail to obey any sign, notice, signal, control device or buoy placed or erected pursuant to Section 19.12.760. (Ord. 9359 Art. 4 § 411, 1967.)

19.12.690 Tampering with or boarding vessels prohibited when.

A person shall not wilfully injure, break, remove or tamper with any part of any vessel in a harbor, waterway or maritime facility, nor shall a person climb into or upon any vessel without consent of the owner, unless in performance of official duties.(Ord. 86-0039 § 21, 1986: Ord. 9359 Art. 4 § 406, 1967.)

19.12.700 Safekeeping of vessels--Evidence of authorization to perform certain services required.

A. The lessee of any premises within a county-owned harbor or maritime facility at which privately owned vessels are regularly or occasionally berthed, moored or stored shall take or cause to be taken all reasonable precautions to assure the safekeeping of such vessels at all times.
B. It is unlawful for any person to board, dive near or work on any privately owned vessel, while the same is berthed, moored or stored within any county harbor or maritime facility, for the purpose of conducting thereon any maintenance, service or repairs for compensation unless such person shall have first complied with all registration and identification procedures as may from time to time be established by the harbor master. The harbor master may require written or other satisfactory evidence that such person has been authorized by the owner of said vessel to conduct such maintenance, service or repairs.
C. The harbor master shall issue written identification to any person who satisfactorily complies with such registration and identification procedures, which written identification shall be carried at all times by such person while rendering such services on any privately owned vessel.
D. The provisions of subsection B of this section shall not be deemed to apply to the owner of any vessel, to members of his immediate family, to regular employees of the facility or premises on which such vessel is located, or to any person boarding or performing work on any privately owned vessel for the purpose of performing maintenance, service or repairs thereon or thereto without compensation.
E. Appropriate notices of the provisions of this section shall be posted pursuant to the provisions of Section 19.12.760 of this chapter. (Ord. 88-0190 § 1, 1988; Ord. 86-0039 § 22, 1986: Ord. 10391 § 3, 1971: Ord. 9583 § 1, 1968: Ord. 9359 Art. 4 § 417, 1967.)

19.12.710 Launching or recovering vessels--Permit required when--Locations restricted.

A. A person shall not launch into or remove from the waters of a harbor, waterway or maritime facility any vessel weighing more than 200 pounds except at specific locations designated by the director for the purpose of launching and recovery of vessels, or in accordance with permit issued by the director.
B. No person shall launch or recover any vessel or watercraft, nor embark or disembark at, over or across the rock rip-rap of any county harbor, waterway or maritime facility, except at specific locations designated by the director and harbor master for the purpose of launching and recovering of vessels or in accordance with a written permit issued by director and harbor master. (Ord. 86-0039 § 23, 1986: Ord. 10391 § 2, 1971: Ord. 9359 Art. 4 § 402, 1967.)

19.12.720 Debarking passengers or cargo--Conditions.

A person having charge of a vessel shall not permit the debarkation of passengers or the offloading of cargo onto any public or privately owned bulkhead, float, wharf, pier, dock or other structure within a harbor, waterway or maritime facility, or onto another vessel, without the consent of the person in charge of such structure or vessel, except in an emergency. (Ord. 9359 Art. 4 § 412, 1967.)

19.12.730 Overnight camping and similar activities restricted.

For beaches, Sections 17.12.250, 17.12.260, and 17.12.270 of this code shall be the applicable provisions regulating overnight camping and similar activities. For any other public area of the County's harbors, waterways, or maritime facilities, it shall be unlawful for any person, other than one specifically authorized by permit, license, or lease from the County, to camp, lodge, sleep, or tarry overnight, or to erect, construct, build, create, maintain, use, or occupy in or on such location, any tent, canopy, lodge, shelter, structure, recreational vehicle, motor home, house trailer, travel trailer, trailer coach, park trailer, camping trailer, truck camper, slide-in camper, or other structure or vehicle used as a place of abode. (Ord. 2012-0006 § 13, 2012: Ord. 86-0039 § 24, 1986: Ord. 9359 Art. 4 § 408, 1967.)

19.12.740 Alcoholic beverage restrictions.

For beaches, Section 17.12.320 of this code shall be the applicable provision regulating alcoholic beverages. For any other public area of the County's harbors, waterways, or maritime facilities, with the exception of navigable waters, a person shall not enter, be, or remain within such public area while consuming any alcoholic beverage, unless advance written approval, whether by license, permit, or otherwise, is obtained from the Director pursuant to Section 19.12.1292 of this code. (Ord. 2012-0006 § 14, 2012: Ord. 9359 Art. 4 § 409, 1967.)

19.12.750 Found property and stray vessels.

All stray vessels and all personal property or other articles not in lawful possession or control of some person found within a county harbor, waterway or maritime facility shall immediately be delivered to the harbor master. Any such property shall be dealt with by the harbor master as provided in the appropriate provisions of the Civil Code and/or the Harbors and Navigation Code as the same now reads or may hereafter be amended. The owner of any found property shall be liable for any costs incurred by the county in effecting removal, storage, sale or disposition of such property. (Ord. 86-0039 § 25, 1986: Ord. 9359 Art. 4 § 404, 1967.)

19.12.760 Signs and other control devices--Placement and maintenance authority.

The director and/or harbor master may place and maintain, or cause to be placed and maintained, either on land or water, such signs, notices, signals, buoys or control devices as he deems necessary to carry out the provisions of this chapter or to insure public safety and the orderly and efficient use of a harbor, waterway or maritime facility. (Ord. 86-0039 § 26, 1986: Ord. 9359 Art. 4 § 410, 1967.)

19.12.780 Swimming areas--Vessel operation restricted when.

For beaches, Section 17.12.470 of this code shall be the applicable provision regulating vessel operations near the shoreline. For any other public area of the County's harbors, waterways, or maritime facilities, the Director may establish protected swimming areas, and it is unlawful to operate or navigate any vessel within the bounds of any such area except as may be specifically permitted by other provisions of this chapter. (Ord. 2012-0006 § 15, 2012: Ord. 9359 Art. 4 § 413, 1967.)

19.12.790 Swimming--Prohibited in certain areas.

For beaches, Sections 17.12.440 and 17.12.450 of this code shall be the applicable provisions regulating swimming activities. For any other portion of a channel, entrance channel, or other public area where vessels may navigate in any County harbor, waterway, or maritime facility, a person shall not swim or engage in any skin diving or scuba diving except by written permit issued by the Harbor Master authorizing such activity. (Ord. 2012-0006 § 16, 2012: Ord. 86-0039 § 28, 1986: Ord. 9359 Art. 4 § 416, 1967.)

19.12.800 Obstructing access to facilities prohibited.

It is unlawful at any time for a person to obstruct the free and easy access to and departure from any portion of any landing, pier, berth, float, wharf or other facilities of a harbor, waterway or maritime facility. (Ord. 9359 Art. 4 § 407, 1967.)

19.12.810 Damaging facilities, property or control devices prohibited.

It is unlawful to wilfully or carelessly destroy, damage, disturb, deface or interfere with any aid to navigation or mooring buoy, float, life preserver, sign, signal, notice, control device, or any other public or private property whatsoever within a harbor, waterway or maritime facility. (Ord. 9359 Art. 4 § 405, 1967.)

Part 5 COMMERCIAL ACTIVITIES

19.12.870 Soliciting or selling food or merchandise.

A person shall not solicit, sell, hawk or peddle any goods, wares, merchandise, liquids or edibles for human consumption, or distribute circulars, handbills, advertising matter or other literature, or erect signs, posters or other advertising media in any public area, from any vessel, or on the waters of a county harbor, waterway or maritime facility except as specifically authorized under other provisions of this chapter. (Ord. 10783 § 1, 1973: Ord. 9359 Art. 6 § 602, 1967.)

19.12.890 Live bait--Sale prohibited when.

A person shall not sell live bait from a vessel within the limits of a county harbor, waterway or maritime facility. This section shall not apply to the delivery of live bait by vessel to a commercial live-bait receiver which has been authorized by county lease or written permit of the director to dispense live bait. (Ord. 9359 Art. 6 § 606, 1967.)

19.12.900 Live bait--Transfer conditions.

A person shall not transfer live bait from one vessel to another within the limits of a county harbor, waterway or maritime facility except when all vessels involved are moored. (Ord. 9359 Art. 6 § 605, 1967.)

19.12.910 Live bait--Regulations for tanks on commercial vessels.

Bait tanks on commercial vessels containing bait shall, when said vessels are in the waters of a county harbor, waterway or maritime facility, be covered by a screen cover or other cover which shall fit closely over the top of all said bait tanks except while bait is actually being transferred to or from said tank, and the operators of such commercial vessels shall at all times have aboard a covered can, box or other additional receptacle for dead bait. (Ord. 9359 Art. 6 § 604, 1967.)

19.12.920 Live bait--Regulations for receivers--Removal by county authorized when -Costs.

A. All unattended live-bait receivers in the waters of a county harbor, waterway or maritime facility shall have a screen, solid cover or lid which shall fit closely over the well of the receiver, unless the receiver is within and completely enclosed by a larger structure.
B. Storage of bait in any receiver not conforming to the requirements of this Part 5 is prohibited; nonconforming bait receivers may be sealed, removed, stored, sold or otherwise disposed of by the director at his discretion without liability for any damage to receivers or death or loss of bait, and the owner of such nonconforming receivers shall be liable for any costs incurred by county in effecting removal, storage, sale or other disposition. (Ord. 9359 Art. 6 § 603, 1967.)

19.12.930 Disposal of bait.

Except as provided in this Part 5, no person shall put, place, or cause to be put or placed any live bait, any dead bait, or any portions thereof into the waters of a County harbor, waterway, or maritime facility except when such bait is then being lawfully used for the purpose of fishing or advance written approval is obtained from the Director. (Ord. 2012-0006 § 17, 2012: Ord. 10391 § 7, 1971: Ord. 9359 Art. 6 § 609, 1967.)

Part 6 ANCHORING, MOORING AND SECURITY OF VESSELS

19.12.950 Responsibility of vessel owner.

The owner of any vessel moored or anchored within a county harbor, waterway or maritime facility shall be responsible for causing such vessel to be tied and secured or anchored with proper care and equipment, and in such manner as may be required to prevent breakaway and resulting damage, and shall thereafter provide for periodic inspection, maintenance, replacement and adjustment of anchor, mooring or the lines at reasonable intervals. (Ord. 9359 Art. 5 § 507, 1967.)

19.12.960 Securing vessel without permission--Removal by county authorized when--Costs.

A. It shall be unlawful for the owner, operator or person in charge of any vessel to secure, moor or make fast any vessel to any float, wharf, pier, mooring or other facilities of a county harbor, waterway or maritime facility without the consent of lessee, agent or other person in charge of such facility.
B. It shall be unlawful for the owner, operator or person in charge of any vessel to fail or refuse to remove or change the position of any vessel as ordered by the director and/or harbor master.
C. In the event the owner, operator, or person in charge of any vessel moored without permission cannot be located within a reasonable time, the harbor master may, at his discretion, remove the vessel without liability for any damage thereto, and such vessel shall remain in his custody until claimed by proper owners, who shall pay all expenses incurred by the county in connection with its removal and storage as set forth in Section 19.12.1080 of this Part 6. (Ord. 86-0039 § 31, 1986: Ord. 9359 Art. 5 § 504, 1967.)

19.12.970 Anchoring restrictions.

A. A person shall not anchor a vessel or occupy a mooring buoy within a County harbor, waterway, or maritime facility without first obtaining permission of the Harbor Master, unless an emergency exists where time is of the essence; in which case, such person shall, after stabilization has occurred, report the emergency condition to the Harbor Master and shall thereafter move and secure the vessel in accordance with the Harbor Master's instructions.
B. The Harbor Master may permit vessels to anchor or occupy a mooring buoy for such period of time as he/she may prescribe, and in areas he/she so designates. All vessels so anchored or occupying a mooring between sunset and sunrise shall display lights as prescribed by federal and state laws, rules, and regulations regarding anchor lights in inland waters, except when anchored or moored within the special anchorage areas prescribed for Marina del Rey in Code of Federal Regulations, Title 33.
C. No person shall anchor a vessel or occupy a mooring buoy on the shoreward side of a line drawn through Light #1 and Light #2 of the Marina del Rey detached breakwater, extending to points 1,000 feet southeast of Light #1 (33° 57.360' N, 118° 27.527' W) and 1,000 feet northwest of Light #2 (33° 57.956' N, 118° 27.951' W), without first obtaining permission of the Harbor Master, unless an emergency exists where time is of the essence; in which case, such person shall, after stabilization has occurred, report the emergency condition to the Harbor Master and shall thereafter move and secure the vessel in accordance with the Harbor Master's instructions.
D. The Harbor Master may remove a vessel in violation of subsection A or C of this section without liability for any damage thereto, and such vessel shall remain in his/her custody until claimed by the owner, who shall pay all expenses incurred by the County in connection with its removal and storage as set forth in Section 19.12.1080 of this Part 6. If the owner refuses to reclaim the vessel, he/she shall be liable for any costs incurred by the County in effecting removal, storage, sale, or disposition of such property. If an owner cannot be identified, the operator or person responsible for anchoring or mooring the vessel in violation of subsection A or C of this section shall be liable for any costs incurred by the County in effecting removal, storage, sale, or disposition of such property. (Ord. 2012-0006 § 18, 2012: Ord. 86-0039 § 32, 1986: Ord. 9359 Art. 5 § 503, 1967.)

19.12.980 Private mooring buoys--Permit required--Placement conditions.

A person shall not place a private mooring buoy or marker in a county harbor, waterway or maritime facility without first securing a permit for such installation from the harbor master. A person securing such a permit shall be responsible for providing equipment meeting the harbor master’s specifications, for accurate initial placement of the buoy and tackle, and for its subsequent maintenance, positioning and removal in accordance with the terms and conditions of the permit; he shall also be liable for any costs incurred by the county in the recovery, repositioning or resecuring of such buoy and tackle under emergency conditions. (Ord. 86-0039 § 33, 1986: Ord. 9359 Art. 5 § 502, 1967.)

19.12.990 Mooring to navigation aids prohibited--Exception.

A person shall not make fast or moor any vessel to any aid to navigation or regulatory marker within a county harbor, waterway or maritime facility, such as buoys, nun-buoys, spar-buoys, or other objects identifiable as aids to navigation. (Ord. 86-0039 § 34, 1986: Ord. 9359 Art. 5 § 501, 1967.)

19.12.1000 Securing vessels to other vessels or occupied moorings--Restrictions.

No person shall make fast or secure a vessel to any mooring already occupied by another vessel, or to a vessel already moored, except that a rowboat, dinghy or yacht tender regularly used by a larger vessel for transportation of persons or property to or from shore may be secured to such larger vessel or to the mooring regularly used by such larger vessel. If tied within a slip, such rowboat, dinghy or tender shall not extend over four feet into the fairway beyond the larger vessel if such larger vessel is also occupying the slip, or otherwise beyond the slip itself. (Ord. 9359 Art. 5 § 505, 1967.)

A. Between the hours of 6:00 a.m. and 10:00 p.m., after docking, mooring, or making fast or secure a vessel at a Chace Park transient dock, an owner must immediately register with Chace Park staff. Between the hours of 10:00 p.m. and 6:00 a.m., an owner must register at the Harbor Master's office prior to docking, mooring, or making fast or secure a vessel at a Chace Park transient dock.
B. Any vessel docked, moored, or made fast or secure at the four-hour dock must vacate the dock within the time period commencing when the vessel is first docked, moored, or made fast or secure to the dock and ending four consecutive hours later.
C. If violations of either subsection A or B above occur and the owner, operator, or person in charge of the offending vessel cannot be located within a reasonable time, the Harbor Master may, at his/her discretion, remove the vessel without liability for any damage thereto, and such vessel shall remain in his custody until claimed by the owner, who shall pay all expenses incurred by the County in connection with its removal and storage as set forth in Section 19.12.1080 of this Part 6. If the owner refuses to reclaim the vessel, he/she shall be liable for any costs incurred by the County in effecting removal, storage, sale, or disposition of such property. If an owner cannot be identified, the operator or person responsible for anchoring or mooring the vessel in violation of subsection A or B of this section shall be liable for any costs incurred by the County in effecting removal, storage, sale, or disposition of such property. (Ord. 2012-0006 § 19, 2012.)

19.12.1010 Docking or mooring at county facilities prohibited when--Citations for violations.

A. Except in an emergency, no person operating any vessel or having charge of any vessel shall dock, moor or make it fast or secure to any county jetty, breakwater, bulkhead, wharf, pier, dock, float, slip or mooring buoy, or other county facility, without the consent of the director and/or harbor master, or in excess of the time specifically authorized by the director and/or harbor master, or in excess of time limits indicated by the director and/or harbor master by signs posted by the director and/or harbor master regulating such facility. In the event of an emergency causing such person to so dock, moor, make fast or secure a vessel to such county facility, such person shall forthwith report such emergency to the harbor master and thereafter comply with instructions of the harbor master.
B. In the event that the harbor master is unable to determine the identity of the person who caused a vessel to be docked, moored or made fast or secure in violation of subdivision A of this section, a citation for violation of this section shall be issued in the name of the registered owner of the vessel.
C. In any prosecution charging a violation of subdivision A of this section, proof by the People of the State of California that the particular vessel described in the complaint was docked, moored or made fast or secure in violation of subdivision A of this section, and proof that the defendant named in the complaint was registered owner of said vessel at the time it was illegally docked, moored or made fast or secure, shall constitute in evidence a prima facie presumption that the registered owner was the person who docked, moored or made fast or secure the vessel at the point where, and for the time during which, the violation occurred. (Ord. 86-0039 § 35, 1986: Ord. 10391 § 4, 1971: Ord. 9359 Art. 5 § 506, 1967.)

19.12.1020 Obstructions and sunken vessels--Marking and removal--County to perform work when--Costs.

A. It shall be unlawful to tie up or anchor a vessel in a county harbor, waterway or maritime facility in such a manner as to obstruct the fairways or channels or to prevent or obstruct the passage of other vessels; or to voluntarily or carelessly sink or allow to be sunk any vessel in any channel, fairway or berthing space; or to float loose timbers, debris, logs or piles in any channel, fairway, or berthing space in such a manner as to impede navigation or cause damage to vessels therein.
B. Whenever a vessel is sunk in a county harbor, waterway or maritime facility, accidentally or otherwise, it shall be the duty of the owner of such vessel to mark it immediately by a buoy or beacon by day and by a lantern or light by night, and to maintain such markings until the sunken vessel or obstruction is removed; and the failure or negligence of such owner to do so shall be unlawful. The owner of such sunken vessel shall immediately commence removal of said vessel and prosecute the removal diligently to completion. In the absence of such owner or failure to comply, said responsibility for removal shall rest with the lessee, agent or operator of the facility at which the sunken vessel or obstruction has occurred.
C. Whenever the navigation of any waters within a county harbor, waterway or maritime facility, including moorings and berths therein, shall be obstructed or endangered by any sunken vessel or other obstruction, and the obstruction or danger has existed for a period of more than 10 days, the vessel or obstruction shall be subject to removal, sale or other disposition in accordance with Section 19.12.750 of Part 4 of this chapter. The owner or owners of such vessel or other property causing said obstruction or danger shall be liable to the county for all costs incident to said removal and disposition, and the county of Los Angeles, its employees, agents and officers shall not be liable for damages of any nature whatsoever arising out of or in any way connected with removal, sale or disposition of such vessel or other property. (Ord. 86-0039 § 36, 1986: Ord. 9359 Art. 5 § 510, 1967.)

19.12.1030 Unsafe moorings--Correction requirements.

A. If any vessel is found to be anchored or moored within a county harbor, waterway or maritime facility in an unsafe or dangerous manner, or in such a way as to create a hazard to other vessels or to persons or property, the harbor master shall order and direct necessary measures to eliminate such unsafe or dangerous condition.
B. The responsibility for compliance with such orders and directions of the harbor master primarily rests with the owner of the vessel, or the authorized agent of the owner of the vessel. Secondarily, responsibility for compliance rests with the lessee or operator of the facility at which the vessel is anchored or moored.
C. In an emergency situation, and in the absence of any such responsible person, the harbor master shall forthwith board such vessel and cause the unsafe and hazardous situation to be corrected, and the owner of the vessel shall be liable for any costs incurred by county in effecting such correction. (Ord. 86-0039 § 37, 1986: Ord. 9359 Art. 5 § 508, 1967.)

19.12.1040 Collision with unattended vessel--Notice and report requirements.

A. The operator of any vessel that collides with another vessel or any public or private property within a county harbor, waterway or maritime facility shall immediately secure such vessel, and shall forthwith notify the owner of the struck vessel or the owner, lessee, agent, or operator of such facility, public or private, of the operator’s and/or owner’s name and address either in person or by leaving in a conspicuous place in the struck vessel a written notice giving such name and address and a statement of the circumstances.
B. The operator of any vessel that collides with any vessel or any public or private property within a county harbor, waterway, or maritime facility shall immediately, after making the notification required in subsection A, report the incident to the harbor master. Failure to render said notice and said report shall be a violation of this section.
C. The rendering of the notice and report aforementioned in this section shall not exonerate any boat operator or owner from rendering accident reports required by the California Harbors and Navigation Code, or any other reports required by law. (Ord. 86-0039 § 38, 1986: Ord. 9359 Art. 5 § 513, 1967.)

19.12.1050 Dangerous or disabled vessels.

Any vessel that enters a county harbor, waterway or maritime facility in a disabled condition, or any vessel within a harbor, waterway or maritime facility which may for any reason be rendered disabled, or dangerously contaminated by any flammable or combustible liquids, gases or solids, shall immediately report the dangerous condition to the harbor master and shall become subject to the orders and directions of the harbor master. It is unlawful for any person to fail or refuse to comply with his orders or directions with regard to the disposition of such vessel. (Ord. 86-0039 § 39, 1986: Ord. 9359 Art. 5 § 511, 1967.)

19.12.1060 Unseaworthy vessels.

A. No person shall secure or permit to be anchored or moored in a county harbor, waterway or maritime facility a vessel of any kind whatsoever which is unseaworthy or in a badly deteriorated condition, or which is likely to sink or to damage docks, wharves, floats and/or other vessels, or which may become a hazard to navigation.
B. The foregoing provisions of this section regarding seaworthiness shall not be applicable to the following:
1. A vessel, whose mooring within the Marina del Rey Small Craft Harbor on the effective date of the ordinance adding this subsection to the code has been previously approved by the owner and operator of the marina in which the vessel is located, provided that this exemption shall expire 120 days following the effective date of the ordinance adding this subsection, and further provided that such exemption shall immediately lapse if such vessel is abandoned by its then current owner at any time following the effective date of the ordinance adding this subsection;
2. A floating home, whose mooring within the Marina del Rey Small Craft Harbor on the effective date of the ordinance adding this subsection to the code has been previously approved by the owner and operator of the marina in which the floating home is located, provided the owner has registered the floating home as such with the harbor master within 120 days of the effective date of the ordinance adding this subsection, and further provided that such exemption shall expire if, at any time following the tenth anniversary of the effective date of the ordinance adding this subsection, ownership of the floating home is transferred and further provided that, the above notwithstanding, such exemption shall immediately lapse if the floating home is abandoned by its then current owner at any time following the effective date of the ordinance adding this subsection. Additionally, such exemption shall immediately lapse if any material alteration, enlargement or addition to a floating home is made. For purposes of this section “material alteration, enlargement or addition” means any construction, reconstruction, or other work of any sort which in any way increases any of the exterior dimensions, specifically including the overall height of the floating home, or which otherwise increases the enclosed habitable area by more than five percent of the existing habitable area as of the effective date of the ordinance adding this sentence to this subsection.* The repair or replacement of structural elements or other portions of the floating home with substantially equivalent materials shall not be considered a material alteration, enlargement or addition, nor shall the installation of any device, improvement or other item which is required to be installed solely by operation of any applicable law. For purposes of this section, a transfer in ownership of a floating home shall be deemed to have occurred if the owner sells, conveys or alienates the floating home, or any part thereof, or suffers his or her title, or any interest therein to be divested, whether voluntarily or involuntarily, or leases the floating home for a cumulative period of more than three years, including options to renew, or leases the floating home with an option to purchase, or in the event the owner of the floating home is a partnership, the interest of any general partner is assigned or transferred or his or her equity interest in the partnership is diluted in any manner whatsoever, or in the event the owner of the floating home is a corporation, more than 10 percent of the corporate stock thereof is sold, transferred or assigned, or in the event the owner of the floating home is a trust, there is a change of beneficial interest with respect to more than 10 percent of the floating home. However, notwithstanding the above, no change of ownership of a floating home shall be deemed to have occurred if a security interest in the floating home is conveyed in connection with the creation of a bona fide lien or other encumbrance on the floating home or if a joint tenant’s interest in the floating home is transferred by devise, descent or by operation of law upon the death of that joint tenant;
3. A vessel owned and operated by any agency of the federal government or a state, county or city;
4. A vessel that is en route to or from its marina or dry storage area outside Marina del Rey and whose mooring within Marina del Rey does not exceed 90 days;
5. A new vessel that has not yet been launched, rigged or equipped and is being held solely for sale by a broker/dealer who has previously been approved by the county to conduct such sales activities in the Marina del Rey Small Craft Harbor;
6. A vessel that is less than 20 feet in overall length;
7. A rowboat, canoe, kayak, and racing shell.
C. In the event that proof of seaworthiness, as described in this chapter, of any vessel cannot be demonstrated to the harbor master at the time of any inspection, the harbor master shall issue a Notice to Comply which clearly identifies the area(s) in which the vessel is deemed to be unseaworthy and which further provides a compliance date by which the vessel’s owner must return to the harbor master to demonstrate satisfactory correction of the deficiencies noted on the Notice to Comply. The harbor master and director shall establish within 90 days of the effective date of this ordinance, and publicly distribute, a set of guidelines which provides standardized compliance periods, to the extent feasible, to be provided for the correction of deficiencies that may be noted in any Notice to Comply as described herein. The harbor master shall provide the applicable time periods contained in such guidelines in any Notice to Comply unless the harbor master determines, in his discretion, that a longer time period should be provided for the particular vessel in question due to special circumstances.
D. In the event that the owner of any vessel who receives a Notice to Comply from the harbor master disagrees with the compliance period provided in such Notice, the owner may seek review of the length of the compliance period by submitting the matter, within five working days, on a form approved by the director, to a seaworthiness compliance mediation committee for review.
1. A seaworthiness compliance mediation committee shall be composed of five members who shall serve without compensation at the discretion of the director, four of whom shall have expertise in finances, boat repair or boating and one of whom shall be a small craft harbor commissioner.
2. The seaworthiness compliance mediation committee shall convene as often as is necessary to review and resolve disputes regarding the length of the compliance period provided by the harbor master in a Notice to Comply issued pursuant to this section.
3. The seaworthiness compliance mediation committee shall issue a written decision upon the conclusion of its review on each request presented to it setting forth the reasons for its decision and such decision shall be final.
4. Any compliance period contained in a Notice to Comply shall be stayed during the time that a timely request for review regarding that Notice is pending before the seaworthiness compliance mediation committee.
5. Failure of the owner of a vessel to demonstrate correction of any deficiency identified in a Notice to Comply issued to such owner within the compliance period contained in the Notice to Comply, as such period may be modified by a decision of the seaworthiness compliance mediation committee, shall be a violation of Part 6 of this chapter. (Ord. 99-0016 § 3, 1999; Ord. 95-0043 § 3, 1995: Ord. 86-0039 § 40, 1986: Ord. 9359 Art. 5 § 512, 1967.)
* Editor’s note: Ordinance 99-0016, which amends § 19.12.1060, is effective on April 9, 1999.

19.12.1070 Illegally moored or abandoned vessels--Removal by county authorized when--Release or other disposition.

A. If any unattended vessel shall be found to be anchored or moored illegally within a county harbor, waterway or maritime facility, or if the harbor master has reasonable grounds to believe that a vessel has been abandoned within a county harbor, waterway or maritime facility, the harbor master may assume custody of such vessel and cause it to be removed and held or placed in storage. The harbor master shall not be held liable for any damage to such vessel, nor liable to its owners before or after assuming custody.
B. Vessels so taken into custody shall be released to the owner by the harbor master only after satisfactory proof of ownership has been presented and full reimbursement made to county for all costs incident to recovery, movement and storage, as set forth in Section 19.12.1080.
C. If proof of ownership cannot be established within a reasonable amount of time, said vessel shall be dealt with in accordance with Section 19.12.750 of this chapter. (Ord. 86-0039 § 41, 1986: Ord. 9359 Art. 5 § 509, 1967.)

19.12.1080 Fees imposed for county services and supplies.

Charges imposed by the county for rendering such services as the recovery, movement, impounding or storage of vessels shall be in accordance with the Schedule of Charges for Services Rendered and Supplies Furnished by the harbor master, as originally approved by the board of supervisors on November 30, 1965, and as amended thereafter from time to time. Whenever a vessel is impounded or held in storage for a period of more than 72 hours, there shall be in addition, a charge of one and one-half times the current daily impound rate. (Ord. 86-0039 § 42, 1986: Ord. 10208 § 1, 1971: Ord. 9359 Art. 5 § 509.1, 1967.)

Part 7 SANITATION

19.12.1090 Sanitation--Responsibility of lessee or agent--Correction by county authorized when--Costs.

The lessee, agent, manager or person in charge of a facility or water area under lease from the county, or owned in fee in any county harbor, waterway or maritime facility shall at all times maintain the premises under his charge in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris and other waste materials. Should the director find that any facility or water area under lease is not so maintained, he shall in writing notify said lessee, agent, manager or other person in charge of said facility or area to immediately commence and diligently prosecute to completion the necessary correction of the unsanitary condition, to the satisfaction of the director. Failure to do so with reasonable dispatch shall be a violation of Part 7 of this chapter, and the director may then cause the condition to be corrected as he deems necessary, and the costs of such correction to be charged to said lessee, agent, manager or person in charge. (Ord. 9359 Art. 7 § 706, 1967.)

19.12.1100 Toilet fixtures--Use prohibited.

Vessel's Toilet Fixtures Not to be Used. No person shall operate the toilet fixtures of a vessel within a County harbor, waterway, or maritime facility at any time so as to cause or permit to pass or to be discharged into the waters of such harbor, waterway, or maritime facility any excrement, sewage, or other waste matter or contaminant of any kind. (Ord. 2012-0006 § 20, 2012: Ord. 95-0043 § 4, 1995; Ord. 86-0039 § 43, 1986: Ord. 9359 Art. 7 § 704, 1967.)

19.12.1110 Use of vessel as place of abode--Restrictions.

A. No person shall, within a county harbor, waterway or maritime facility, use any vessel, floating home, houseboat or any other floating facility as an abode in excess of three days within any one-week period unless such person shall first have authorization by the lessee, agent, manager or person in charge of such facility for a liveaboard status, and secondly, have obtained a liveaboard permit from the harbor master. The liveaboard permit shall establish compliance by such vessel, floating home, houseboat or other floating facility with the following:
1. Compliance with the requirements for seaworthiness as described in Section 19.12.1060 of this code, unless otherwise exempted or temporarily excused by the provisions of that section;
2. Installation of a federally approved marine sanitation device or self-contained portable toilet which has been demonstrated to the satisfaction of the harbor master to prohibit the overboard discharge of treated or untreated excrement, sewage, or other waste matter or contaminant of any kind while within the Marina del Rey Small Craft Harbor.
If it is determined by the harbor master that the criteria for issuance of a liveaboard permit have been satisfactorily met, the harbor master shall issue a liveaboard decal which shall be prominently placed, as directed by the harbor master, on the vessel, floating home, houseboat or any other floating facility. Liveaboard permits shall be valid for a period of one year commencing with the first day of the month following the month of issuance and shall be renewed on each successive annual anniversary of the previous term’s commencement date. Any renewal of a liveaboard permit shall be issued by the harbor master upon the same terms as required for the initial permit. In the case of a floating home, no annual renewal of a liveaboard permit shall be issued following the tenth anniversary of the effective date of the ordinance adding this subsection unless the owner provides the harbor master with his or her statement, made under penalty of perjury, that no transfer of ownership, as defined by Section 19.12.1060 B2, has occurred with respect to that floating home since the tenth anniversary of the effective date of the ordinance adding this subsection. Failure to have obtained such a liveaboard permit shall be a violation of Part 7 of this chapter.
B. For vessels, floating homes, houseboats or other floating facilities which had obtained authorization for use for a liveaboard status by the respective lessee, agent, manager or person in charge of the facility prior to the effective date of the ordinance adding this section to the code, a liveaboard permit shall be obtained within 120 days of the effective date of the ordinance adding this subsection to the code unless a longer time period is provided in order to demonstrate seaworthiness pursuant to the operation of Section 19.12.1060C or D.
C. For all other vessels, floating homes, houseboats or other floating facilities not covered by subsection B of this section, a liveaboard permit shall be obtained prior to the commencement of the use of the vessel, floating home, houseboat or other floating facility as an abode in excess of three days within any one-week period.
D. Regardless of the length of occupancy:
1. A person living aboard any vessel, floating home, houseboat or other floating facility using the harbor, waterway or maritime facilities shall not use the toilet fixtures of any vessel, floating home, houseboat or other floating facility unless such use will not violate the provisions of Section 19.12.1100 of this code;
2. Toilet fixtures of any vessel, floating home, houseboat or other floating facility which is used as an abode may be sealed by the harbor master unless such fixtures can be operated in compliance with Section 19.12.1100 of this code so long as the vessel, floating home, houseboat or other floating facility remains in the harbor;
3. The owner of any vessel, floating home, houseboat or other floating facility not equipped with approved and acceptable devices for the neutralization or storage of contaminants shall post notices that the toilet facilities aboard shall not be used while the vessel, floating home, houseboat or other floating facility is moored in or using the waters of the harbor, waterway or maritime facility.
E. The director and/or harbor master may promulgate such additional regulations in connection with vessels used as abodes as may be necessary to insure the maintenance of sanitary and sightly conditions and the preservation and protection of the public health, safety, peace, welfare and convenience in the use of any county harbor, waterway or maritime facility, or portion thereof. A violation of any part of such regulations shall be cause for revocation for use of vessel, floating home, houseboat or floating facility as an abode, and it shall be unlawful for any person to live aboard such vessel, floating home, houseboat or floating facility until such violation has been corrected to the satisfaction of the director. (Ord. 99-0016 § 4, 1999; Ord. 95-0043 § 5, 1995: Ord. 86-0039 § 44, 1986: Ord. 10783 § 2, 1973: Ord. 9359 Art. 7 § 705, 1967.)

19.12.1120 Discharge of refuse, sewage or other waste.

It is unlawful for a person to throw, discard, discharge or deposit any refuse, trash, sewage or waste matter of any description upon the lands or into the waters of a county harbor, waterway or maritime facility, or for a person to discharge or deposit material of any kind on or adjacent to the banks, shores, bulkheads, piers, wharves or beaches of any county harbor, waterway or maritime facility where such material may be liable to be washed or otherwise deposited into the waters of a harbor, waterway or maritime facility by tides, floods, storms, waves, or accidental displacement. (Ord. 9359 Art. 7 § 701, 1967.)

19.12.1130 Dead animals or fish.

A. A person shall not place or deposit and subsequently abandon any dead animals, fish, shellfish, bait or other putrefying matter on or along the structures, vessels, floats, piers, sidewalks or land of a county harbor, waterway or maritime facility, nor shall a person throw or deposit any animal carcass in the waters of a harbor or maritime facility.
B. A person shall not clean fish on the jetties, breakwater, seawalls, harbor structures, floats, piers, sidewalks, land or waters in a harbor waterway or maritime facility except at those places specifically designated by the director for the purpose of cleaning fish. (Ord. 9359 Art. 7 § 703, 1967.)

19.12.1140 Discharge of petroleum, coal or paint products.

A. A person shall not discharge or deposit or permit to pass into the waters of a county harbor, waterway or maritime facility any coal, tar, oil, gasoline, sludge or residuary products of coal, petroleum, asphalt, bitumen or other refined oil products, nor any varnish, lacquer or paint products.
B. Any such discharge, deposit or spill of said products shall be immediately reported to the harbor master and any other local or personal agency having concurrent jurisdiction, and it shall be a violation of Part 7 of this chapter to fail to do so. (Ord. 86-0039 § 45, 1986: Ord. 9359 Art. 7 § 702, 1967.)

Part 8 SAFETY AND MAINTENANCE

19.12.1150 Hazardous lights prohibited.

It is unlawful for a person responsible for same to place, erect or install within a county harbor, waterway or maritime facility any light fixtures in such manner as to constitute a hazard to operators of vessels in navigating at night. (Ord. 9359 Art. 8 § 805, 1967.)

19.12.1160 Flammable or combustible liquids and materials--Restrictions applicable.

A. Within a county harbor, waterway or maritime facility, no person shall sell, offer for sale or deliver in bulk any class of flammable liquid or combustible material, nor dispense any flammable or combustible liquids into the fuel tanks of a vessel except when in compliance with all requirements of the Los Angeles County Fire Code (set out at Title 32 of this code), and any other laws or regulations applicable thereto.
B. It is unlawful for a person to store, transfer, handle or use any flammable liquids or combustible materials on any vessel, dock, float or wharf in a county harbor, waterway or maritime facility except under the following conditions:
1. The storage of Class I flammable liquid within closed storage container or cabinet shall be limited to three gallons in aggregate capacity;
2. Flammable liquids when stored shall be in an approved safety container; for purposes of this section, “approved safety containers” means metal or plastic containers approved by the National Board of Fire Underwriters;
3. The storage of combustible liquids within a closed storage container or cabinet shall be limited to six gallons in aggregate capacity; and
4. A person shall first obtain a permit from the fire department to handle or use any flammable liquid or combustible liquid in excess of the quantities mentioned in subparagraphs 1 and 3 of this subsection B.
C. It is unlawful for a person to leave or store on any dock, float, wharf of a county harbor, waterway or maritime facility any empty tanks and containers previously used for flammable or combustible liquids, unless free from explosive vapors, except that empty approved safety containers may be kept in storage.
D. It is unlawful for a person to use any Class I flammable liquid except as a fuel, within a vessel moored to any dock, float, wharf of a county harbor, waterway or maritime facility. (Ord. 86-0039 § 46, 1986: Ord. 10783 § 3, 1973: Ord. 9359 Art. 8 § 801, 1967.)

19.12.1170 Welding, burning or cutting prohibited--Exceptions.

At no time shall any person weld, burn or cut using any device or attachment facilitating welding, burning or cutting, nor use any type gas-welding, burning or cutting equipment on or within any vessel when moored or anchored within any county harbor, waterway or maritime facility, except when the vessel is moored or anchored within an area that has been designated by the director as a commercial boat-repair yard. Such welding, burning or cutting shall be with the approval of the chief of the fire department under such regulations as he may require. (Ord. 9359 Art. 8 § 806, 1967.)

19.12.1180 Walkways--Obstructions prohibited.

A. A person shall not cause any mooring line, water hose, electrical cable or other service line to extend across a main walkway, or cause any obstacles such as ladders, tools, canvas, boat gear, or other materials or equipment to obstruct free passage along any walkway, finger float or gangway, or create any hazardous condition which could cause accident or injury.
B. No person shall leave or store on any walkway, finger float or gangway any rowboat, skiff, dory, dinghy, canoe, or other craft.
C. Primary responsibility in keeping walkways clear rests with the person causing such obstruction, but in the absence of such person, or if the person causing such obstruction is unknown, then the lessee, agent or operator of such facility shall assume the responsibility and cause such obstructions to be corrected as is necessary. (Ord. 86-0039 § 47, 1986: Ord. 9359 Art. 8 § 802, 1967.)

19.12.1190 Steps and stairs--Restrictions.

A. Boarding steps, stairs, ramps, and ladders shall be constructed so as to be easily moved in emergency situations.
B. Boarding steps, stairs, ramps, and ladders shall not occupy more than one-half of the width of the walkway or finger float, to allow for free passage.
C. Boarding steps, ramps or ladders shall not be placed or located within the outermost five feet of any finger float so that emergency access may be had to the outer edge of the fingers at all times. (Ord. 86-0039 § 48, 1986: Ord. 9359 Art. 8 § 803, 1967.)

19.12.1200 Defective or dangerous conditions--Remedy by county when--Costs.

Whenever any buildings, structures or floating facilities within a county harbor, waterway or maritime facility either on land or water are found to be defective or damaged so as to be unsafe or dangerous to persons or property, it shall be the duty of the owner, agent, lessee, operator or person in charge thereof to immediately post a proper notice and fence or barricade and at night to adequately light such unsafe area or areas, and such unsafe area or areas shall be kept posted and lighted and fenced or barricaded until the necessary repairs are made. In the event an owner, agent, lessee, operator or person in charge fails or neglects to repair or to put up fences or other barriers to prevent persons from using or going upon the unsafe area or areas, the director may then take such measures as he may deem necessary for the protection of the public and charge the cost of same to such owner, lessee, agent, person or persons having charge of the buildings, structures or floating facilities that are defective or dangerous. (Ord. 9359 Art. 8 § 804, 1967.)

Part 9 MARINA DEL REY[13]

19.12.1210 Applicability of provisions.

Part 9 of Chapter 19.12 applies only to the Marina del Rey Small Craft Harbor which occupies the site shown on LACA (Accessory) Map No. 88, recorded in Book 1, pages 53 to 70 inclusive, of Maps, Official Records of the county of Los Angeles. Except where in conflict with this Part 9, all other provisions of this chapter also apply to the Marina del Rey Small Craft Harbor. (Ord. 9359 Art.9 § 901, 1967.)

19.12.1220 Use of county mooring or slip--Registration and fee required when.

A. Permission may be granted by the director and/or harbor master for a private vessel to use a county mooring or slip for 30 minutes without charge and for up to four hours without charge if he finds that the vessel may be secured or moored for such longer time without using space otherwise needed. Private vessels moored at county facilities for periods in excess of four hours shall pay mooring fees as hereinafter provided.
B. Permission may be granted by the harbor master for a private vessel to use a county mooring buoy without charge under emergency conditions as deemed by the harbor master. Private vessels moored to a county buoy when emergency conditions no longer exist shall pay mooring fees as hereinafter provided.
C. Fees for Use of Mooring or Slip. Fees for the private use of county moorings or slips shall be in accordance with the Mooring Charges--Marina del Rey as approved by the board of supervisors November 5, 1963, or as subsequently amended. Fees shall be payable in advance to the department. A person, whether on official business or otherwise, who secures or moors a vessel on a county mooring or in a county slip shall immediately thereafter report such use to the director and/or harbor master; failure to do so shall be a violation of this Part 9.
D. The owner or operator of a commercial vessel shall not use the transient docks at Burton W. Chace Park nor the boarding docks at the County Launching Ramp for the purpose of loading or unloading passengers or cargo carried on a voyage or provisions, materials and supplies used on a voyage, without the prior written consent of the director. (Ord. 88-0190 § 9, 1988: Ord. 86-0039 § 49, 1986: Ord. 9359 Art. 9 § 902, 1967.)

19.12.1230 Mooring at terminus of main walk--Conditions.

Vessels may be moored or secured at the terminus of any main walk within a basin, except that any such vessel shall not extend into the fairway more than 25 feet, measured at right angles from the pierhead line of a basin. Any such vessel shall be secured parallel to such pierhead line. (Ord. 9359 Art. 9 § 905, 1967.)

19.12.1240 Extension of vessel beyond slip or over walkway.

A. No part of any vessel shall extend more than four feet beyond the end of any slip, including but not limited to boats with davits, booms, boomkin or bowsprit.
B. No part of any vessel shall extend over the main walkway. (Ord. 86-0039 § 50, 1986: Ord. 9359 Art. 9 § 903, 1967.)

19.12.1250 Speed zones and speed limits.

A. The entire water area of the Marina del Rey entrance channel, as defined in this chapter, is designated as a speed zone in which a person, except a public officer in performance of his duty, shall not operate a vessel or cause it to be operated at a speed in excess of eight nautical miles per hour. The operation of any vessel within such speed zone at a speed in excess as specified is prima facie not reasonable or prudent and a violation of subsection A of Section 19.12.620.
B. The entire water area of the Marina del Rey Main Channel as herein defined is designated as a speed zone in which a person, except a public officer in performance of his duty, shall not operate a vessel or cause it to be operated at a speed in excess of five nautical miles per hour. The operation of any vessel within such speed zone at a speed in excess as specified is prima facie not reasonable or prudent and a violation of subsection A of Section 19.12.620. (Ord. 9359 Art. 9 § 914, 1967.)

19.12.1260 Vessels prohibited in certain areas.

A. No vessel shall enter or be launched into that westerly portion of Basin D, which is buoyed and designated as a restricted sailing area, except:
1. Sailing vessels without motors and 12 feet overall in length or less;
2. Such vessels in excess of 12 feet overall in length as are propelled solely by oars or paddles and do not exceed 200 pounds in weight; and
3. Any vessel specifically authorized by special permit issued by director to be launched at the beach area of Basin D, provided that such vessel proceeds by the most direct route between the beach launching area and the basin fairway and does not otherwise operate within the buoyed area.
B. No vessel, regardless of size, shall enter or be launched into the designated swimming area enclosed by buoys and connecting lines.
C. No person shall leave, moor, dock, beach or place any unattended vessel upon any public beach area between the hours of 10:00 p.m. and 6:00 a.m. without the written permission of the director. (Ord. 10391 § 8, 1971; Ord. 9359 Art. 9 § 904, 1967.)

19.12.1270 Commercial vessels--Restrictions.

A. No owner or operator of any commercial sportfishing boat or any other boat, licensed or unlicensed, shall conduct, maintain or engage in any sportfishing activity for hire from any premises within Marina del Rey except from those leaseholds specifically permitted to conduct such activities, nor shall any lessee or any boat mooring operator in Marina del Rey permit, authorize or allow the operation of a commercial sportfishing activity from within the area of their control or tenancy unless specifically authorized by written permit of the director or by terms of their lease.
B. The owner or operator of a commercial vessel shall not use the docks on any private leasehold for the purpose of loading or unloading passengers or cargo carried on a voyage or provisions, materials, and supplies used on a voyage, unless the owner or operator of the commercial vessel has the right to engage in these activities on the leasehold under the express terms of a written commercial sublease that has been approved by the director and granted by the owner of the leasehold. (Ord. 92-0010 § 3, 1992: Ord. 9359 Art. 9 § 906, 1967.)

19.12.1280 Aircraft prohibited--Exceptions.

Except in an emergency, no person shall land or take off any helicopter, seaplane or other aircraft on or from any land or water of Marina del Rey Harbor, without the prior approval of the director and harbor master. (Ord. 86-0039 § 51, 1986: Ord. 10391 § 12, 1971: Ord. 9359 Art. 9 § 918, 1967.)

19.12.1290 Recreation buildings--Hours for use.

A person shall not use any public recreation building at any time except between the hours of 8:00 a.m. and 12:00 midnight of any day except upon written permission from the director. (Ord. 9359 Art.9 § 910, 1967.)

19.12.1292 License or permit requirement for events and activities.

A. Basic requirement. Prior to holding an event or activity of the type described in this section at any public area of Marina del Rey, including any beach, a license or permit must first be obtained for the non-exclusive use of that location. The events or activities covered by this requirement include those that involve:
1. An organized group or sponsored gathering of 50 persons or more;
2. A wedding, wedding reception, memorial service, or other ceremonial event;
3. The placement of canopies or tents on the beach that are larger than 10 feet by 10 feet;
4. The use of amplified sound;
5. Cooking, except as otherwise authorized by Section 17.12.370 or Section 19.12.1420.G of this code;
6. The use of generators;
7. Commercial and/or sporting events, including, but not limited to, surf or other water sport contests, volleyball tournaments, private parties, marathons, triathlons, 5K/10K runs, and organized walks;
8. A school or organized youth group event, including a field trip and beach cleanup;
9. Classes, lessons, clinics, training, recreational camps, day camps, and boot camps for children and/or adults related to surfing, kayaking, canoeing, exercising, yoga, physical fitness, or similar activity;
10. The use of alcohol in connection with an event described in Section 17.12.320 of this code;
11. The use of signage or structures such as banners or inflatables;
12. Commercial filming or photography; and
13. Any other activity or event determined by the Director to be the type requiring a license or permit.
B. Decision of the Director. The decision of the Director on a license or permit application shall be final and shall not be subject to any administrative appeal.
C. Violation of license or permit. Any person violating the terms and/or conditions of a license or permit issued pursuant to this section, or any person participating in an event or activity without a properly issued license or permit, may be subject to removal from the involved location by a peace officer in addition to any other enforcement measure or penalty authorized by this chapter or otherwise by law.
D. Modification or revocation of license or permit. If the Director, Fire Chief, ocean lifeguard, or peace or code enforcement officer has cause to believe that an event or activity conducted pursuant to a license or permit issued under this section poses a danger to public health or safety, or prevents the orderly use of the involved location or of any facility owned, controlled, or managed by the County, or is in violation of any federal, state, or local law or ordinance, such official, ocean lifeguard, or enforcement officer shall be authorized to modify or revoke such license or permit at any time during the event or activity. (Ord. 2012-0006 § 21, 2012.)

19.12.1300 Motor vehicles--Permitted when--Traffic control authority.

A. If the director finds that at certain places not indicated or intended for use by motor vehicles a person can at certain times or under specified conditions so operate a motor vehicle as to not interfere in any way with the use of any portion of the harbor, he may grant such person permission to so operate such motor vehicle, and such operation shall be subject to all of the conditions which are a part of the permission; otherwise, a person shall not bring to, use or operate a motor vehicle in any portion of the harbor except public and private roadways and parking lots. The intent and purpose of this section and Sections 19.12.1310 through 19.12.1360 applies only to those areas of the harbor under the jurisdiction of the director that are not within the purview of the State Motor Vehicle laws or applicable provisions of other county ordinances.
B. Vehicle Traffic and Parking Regulations. It is unlawful for a person to fail to comply or obey the orders and instructions of the director or his agents, and/or the harbor master, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the harbor in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director and/or harbor master. (Ord. 86-0039 § 52, 1986: Ord. 9359 Art. 9 § 913 (part) and (a) (part), 1967.)

19.12.1310 Motor vehicles--Operation permitted where.

No person shall, without permission of the director, drive any vehicle on any area except the paved roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director. (Ord. 9359 Art. 9 § 913(a)(2), 1967.)

19.12.1320 Motor vehicles--Obedience to traffic-control signs.

No person shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all other signs posted for proper control and to safeguard life and property. (Ord. 9359 Art. 9 § 913(a)(1), 1967.)

19.12.1330 Motor vehicles parking.

A. Designated Spaces. No person shall park any vehicle at any public parking lot in Marina del Rey other than in an established or designated parking space for such vehicle and only if the vehicle displays a current registration decal/sticker or permit, as applicable. No part of any vehicle, including any awnings or other property of the owner, operator, or person in charge of the vehicle, may extend beyond the markings of the designated parking space. All parking at any such public parking lot shall be in accordance with the posted signs at such location and/or pursuant to the instruction of any attendant.
B. Double Parking. No person shall double-park any vehicle at any public parking lot in Marina del Rey without the prior written permission of the Director.
C. Trailers. The vehicle owner or operator of any vehicle with a trailer must obtain advance written permission from the Director prior to parking such vehicle at any public parking lot in Marina del Rey. All such trailers must be connected to their tow vehicles.
D. Camping and Recreational Vehicles Prohibited From Parking Between 10:00 p.m. and 6:00 a.m. in Public Parking Areas. No person shall park any van, recreational vehicle, motorhome, camper, or trailer, nor shall any person park any other vehicle which has been designed, built, or modified for use for camping or any form of human habitation, upon any public parking lot or other area designated for public parking within Marina del Rey, between the hours of 10:00 p.m. and 6:00 a.m. without first registering with, and obtaining authorization from the Director. No person allowed to park such a vehicle shall operate a generator outside of the vehicle.
E. Parking Overnight Restriction. No vehicle may park overnight more than seven times in any 30-day period in any public parking lot or other area designated for public parking within Marina del Rey without prior written permission from the Director.
F. Oversized Vehicles. All vehicles over 20 feet in length shall be considered oversized vehicles and shall be prohibited from standing/parking upon any public parking lot or other area designated for public parking within Marina del Rey, except at the parking lot at the County Public Launch Ramp, where tandem parking spaces are available. Oversized vehicles that park at the parking lot at the County Public Launch Ramp shall be charged double the parking fee for regular-sized vehicles at that lot. Buses that park at the parking lot at the County Public Launch Ramp shall be charged triple the parking fee for regular-sized vehicles at that lot. No vehicle over 40 feet in length shall be permitted to stand or park on any public parking lot or other area designated for public parking within Marina del Rey without the prior written permission from the Director.
G. Commercial Vehicle Prohibition. No commercial vehicle may park overnight in any public parking lot or other area designated for public parking within Marina del Rey without the prior written permission from the Director.
H. Parking Only. Public parking lots or other areas designated for public parking within Marina del Rey are for parking purposes only, unless an exemption is granted by the Director. No person shall inhabit any area of any public parking lot, nor shall any person place or store any property, personal belongings, or belongings of others, on any public parking lot. Furthermore, no person parking at any public parking lot shall conduct, perform, or cause to be performed any repairs, alterations, maintenance, cleaning, or other work on any vehicle or trailer, or cause any materials or substance, including, paint, oil, or other petroleum products, dirt, paint sandings or chips, wood sandings, or other residue or debris to be deposited on any beach or facility owned, controlled, or managed by the County, or to enter the harbor, waterway, or Pacific Ocean.
I. Parking Fee Exemption. Any vehicle that displays a valid veterans special license plate issued pursuant to the provisions of California Vehicle Code sections 5007(a)(2) (disabled veteran), 5101.3 (Pearl Harbor survivor), 5101.4 (Medal of Honor and Distinguished Service Cross), 5101.5 (former American prisoner of war), 5101.6 (Congressional Medal of Honor), and/or 5101.8 (Purple Heart recipient) shall be exempt from paying parking fees on any County-owned, County-Controlled, or County-managed public parking lot where entrance or exit to or from the involved lot is not controlled solely by an automated system. This fee exemption shall not apply on weekends or holidays, other than Veterans Day, to the extent that a parking fee is otherwise payable on such days. Notwithstanding the provisions of this subsection, any vehicle eligible for a parking fee exemption shall be subject to all other applicable parking restrictions at the involved location. (Ord. 2012-0006 § 22, 2012: Ord. 2007-0071 § 5, 2007; Ord. 98-0009 § 1, 1998: Ord. 9359 Art. 9 § 913(a) (3), (4) and (7), 1967.)

19.12.1340 Bicycles and motorcycles.

A. Confined to Roads. No person shall ride a bicycle or motorcycle on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any area normally reserved for pedestrian use.
B. Immobile. No person shall leave a bicycle or motorcycle lying on the ground or pavings, or set against a building or tree, or in any place or position that may cause a person to trip over or be injured by it.
C. Bicycle Paths. The Director or the Director of the County Department of Public Works may from time to time designate, by sign or postings, certain areas to be used exclusively by persons riding bicycles upon bicycle lanes or paths set aside for that use in Marina del Rey. (Ord. 2012-0006 § 23, 2012: Ord. 9359 Art. 9 § 913(a)(5), 1967.)

19.12.1350 Boat trailers--Use restrictions.

While launching or retrieving a vessel via trailer attached to a vehicle, no person other than the driver shall be in the vehicle. (Ord. 9359 Art. 9 § 913(a)(6), 1967.)

19.12.1360 Small boat launching ramp use conditions.

The small boat launching ramp and parking lot shall be used only in accordance with regulations of the director, and shall be made known to the public by posting of signs. Wilful disobedience of these regulations shall be a violation of this Part 9. (Ord. 9359 Art. 9 § 913(a)(8), 1967.)

19.12.1370 Animals prohibited--Exceptions.

For beaches, Sections 17.12.280, 17.12.290, and 17.12.300 of this code shall be the applicable provisions regulating animals. For all other waters of the harbor, or adjacent to or on any other public area of Marina del Rey, a person shall not bring nor allow animals of any kind except as hereinafter provided:
A. Cats and Dogs. A person may bring or keep a dog or cat if such dog or cat is at all times kept on a leash not to exceed six feet in length, and said dog or cat is kept under the full control of such person; provided, no person shall bring nor permit a dog or cat in any area within the harbor for which the Director, by the posting of signs, has prohibited such dogs or cats.
B. Horses. If the Director finds that at certain times or under specified conditions or at designated places a person can ride a horse, mule, burro or donkey, or other similar animal, or can lead such animal without interference with the use of a recreation or other public area of the harbor, he/she may grant such person permission to do so.
C. Should any animal mentioned in this section cause excrement to be discharged in a public park, recreation, or other public area of the harbor, the owner or custodian of the animal shall immediately remove the excrement and forthwith clean the area so that it will not be offensive to the senses of any person coming into proximity thereto. (Ord. 2012-0006 § 24, 2012: Ord. 10391 § 10, 1971; Ord. 9359 Art. 9 § 908, 1967.)

19.12.1380 Wild animals and birds--Molesting prohibited.

A. Anywhere within the harbor, a person shall not hunt, injure, molest, frighten, trap, chase, tease, shoot or throw missles at any animal, bird or fowl, nor shall a person remove or have in his possession the young of any wild animal or the eggs, nest or young of any bird or fowl.
B. Feeding. A person shall not give or offer or attempt to give to any animal, bird or fowl any tobacco, alcohol, or other known noxious or toxic substances. (Ord. 9359 Art. 9 § 909, 1967.)

19.12.1400 Vessels--Servicing and repair restrictions.

No person shall conduct, perform, or cause to be performed any repairs, alterations, maintenance, or other work upon or to any vessel on or in any public area of Marina del Rey, including the beach or any public parking lot, or in the Pacific Ocean, which in any manner may cause or tend to cause any materials or substance, including but not limited to, paint, oil or other petroleum products, dirt, paint sandings or chips, wood sandings, or other residue or debris, to be deposited upon any vessel, dock, structure, or private or County property, or to enter the waters of the harbor, or the Pacific Ocean. (Ord. 2012-0006 § 26, 2012: Ord. 86-0039 § 54, 1986: Ord. 10783 § 6, 1971: Ord. 10391 § 11, 1971: Ord. 9359 Art. 9 § 917, 1967.)

19.12.1410 Obstructing access routes prohibited--Removal by county authorized when--Costs.

A. It is unlawful for a person to park or leave unattended any vehicle or to place or leave equipment or property of any kind in such a manner as to obstruct the passage of emergency vehicles and county or public utility vehicles along and adjacent to seawalls, bulkheads, or within any “bulkhead access route,” “fire access and harbor utility easement,” “access service route,” and/or other easements identified for emergency access by the director.
B. Whenever any area of any county harbor, waterway or maritime facility is posted by either the county or lessee of the facility with signs identifying it as an “emergency access,” a peace officer or member of a fire department or parking control officer may move or cause to be moved any vehicle, equipment, material or other substance obstructing such emergency access, and may assume custody and have such property impounded and stored. The costs of such removal, parking or storage shall be charged to the owner of said vehicle, equipment, material or other substance. (Ord. 86-0039 § 55, 1986: Ord. 9359 Art. 9 § 912, 1967.)

19.12.1420 Unlawful acts at public areas.

At any public area within Marina del Rey Harbor as herein described, it is unlawful and a violation of this Part 9, except by written permission of the Director and/or Harbor Master for:
A. Any person to climb over, upon, or along the concrete bulkhead walls encompassing the waters of the harbor.
B. Any person to operate or manipulate water skis, aquaplanes, or similar craft or device within the limits of the harbor.
C. Any person operating a vessel to tow any object, structure, or vessel at a distance in excess of 75 feet astern of the towing vessel.
D. Any person to engage in swimming or wading within the waters of the harbor except in zones marked by signs posted by the Director or Harbor Master, or within waters under private lease except as authorized by the lessee or person responsible for such leased premises.
E. Any person to operate a hydrofoil craft, seaplane, airpropeller-driven watercraft, or paddleboard, surfboard, sailboard, paraglider, kite board, bodyboard, ocean-kayak, rigid hull surf-craft, or similar craft or device propelled principally by manual or said power on the waters of the harbor.
F. Any person to loiter at any public area at any time between the hours of 12:00 midnight and 6:00 a.m. of the following day.
G. Any person to light or maintain any fire except within barbecues located at, or personal barbecues brought to, public picnic shelters, subject to Section 17.12.370 of this code with respect to any beach.
H. Any person to smoke at any park, except:
1. Smoking shall be permitted by actors while acting in a permitted production, or by models during a permitted photography session; and
2. Smoking shall be permitted in designated areas, at the discretion of the Director.
I. Except as otherwise authorized in Section 17.12.360 for the beaches in Marina del Rey, any person to change clothes at any public area or in any comfort station except in that portion, if any, designated for such purposes.
J. Any person to sell, offer for sale, offer for sample, or give away any goods, wares, or merchandise except:
1. Pursuant to a concessionaire agreement granted by the Board of Supervisors of the County of Los Angeles, or by the Director, as the case may be; or
2. When found by the Director to be consistent with the policies of the Department of Beaches and Harbors, or to promote the program of such department, under conditions prescribed by the Director.
K. Any person to operate the motor of a vessel at high rpm with the gears engaged when the vessel is moored or secured in a slip or berth whereby wash of the propeller will cause turbulent waters that will create a hazard to other vessels, persons, or property.
L. Any person to place, throw, leave, keep, or maintain any bottle, glass, crockery, sharp or pointed article or thing in such a manner that any person or animal may be cut, pricked, or in any way injured thereby.
M. Any person to throw, place, or dispose of any garbage, food, beverage, container, bag, bottle, or can in any place other than into a garbage can or other receptacle maintained therein for that purpose.
N. Any person to throw, place, or dispose of coals, ashes, any wastepaper, or flammable or combustible material in any place other than into an incinerator or into some box, can, or receptacle maintained therein for that purpose.
O. Any person to intentionally throw any ball or object upon, along, or across any road or driveway, or at or toward any vessel or vehicle; nor shall a person throw or otherwise propel any missile or mud or sand anywhere.
P. Any person to discharge or shoot any firearm, air gun, slingshot, or bow and arrow, except at ranges which may be designated for such purpose.
Q. Any person to dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom, or flower, or any portion thereof; nor shall any person remove any wood, turf, grass, soil, rock, sand, or gravel.
R. Any person to:
1. Cut, break, injure, deface, or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment, or property, whether any of the aforementioned are temporary or permanent;
2. Mark or place thereon or on any portion thereof any mark, writing, or printing; or
3. Attach thereto any sign, card, display, or other similar device.
S. Any person to disturb the peace and quiet by:
1. Playing, causing, or producing any unduly loud music, or any boisterous or unusual noise, including amplified sound exceeding exterior levels specified for residential areas under the Noise Ordinance of this code (Section 12.08.430 et seq. of Title 12), unless authorized by permit, license, or other means by the Director;
2. Causing or producing any repetitive tooting, blowing, or sounding of any automobile siren, horn, signal, or noise-making device;
3. Any tumultuous conduct;
4. Operating a vessel or vehicle motor in such a manner that engine or exhaust noise is unusually loud; or
5. Engaging in any type of motor vehicle or trailer maintenance, repair, or cleaning at any County facility without the prior written consent of the Director.
T. For beaches, in addition to any other provisions of this Section 19.12.1420 that could pertain to such beaches, any person to fail to comply with the following provisions of this code:
1. 17.12.205 (Sand--Digging prohibited);
2. 17.12.220 (Recreation building--Hours of use);
3. 17.12.365 (Smoking prohibited);
4. 17.12.400 (Fireworks);
5. 17.12.425 (Model operation prohibited);
6. 17.12.430 (Ball-playing restrictions);
7. 17.12.460 (Inflated equipment--Use restrictions);
8. 17.12.480 (Sailboards, kiteboards, surfboards, paddleboards, ocean kayaks, surf-skis, rigid hull surf-craft, and similar objects--Use restrictions); and
9. 17.12.481 (Hang gliding, paragliding, and parasailing--Restrictions). (Ord. 2012-0006 § 27, 2012: Ord. 86-0039 § 56, 1986: Ord. 10391 § 9, 1971: Ord. 9359 Art. 9 § 907, 1967.)