Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer Law and Legislation Committee Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00711 April 05, 2022 Consent Item 03
Title: Ordinance Amending Section 12.72.060 and adding Chapter 12.100 of the Sacramento City Code, Relating to the Old Sacramento Docks
Location: Old Sacramento Docks, District 4
R
ecommendation: 1) Review an Ordinance amending section 12.72.060 and adding chapter
12.100 to the Sacramento City Code relating to the Old Sacramento Docks; and 2) pass a Motion forwarding the ordinance to City Council for consideration.
Contact: Dustin Hollingsworth, Facilities and Real Property Superintendent, 916-808-5538, [email protected], Convention and Cultural Services
Presenter: None
Attachments:
1-Description/Analysis
2-Ordinance (Clean)
3-Ordinance (Redline)
File ID: 2022-00711 Consent Item 03
April 05, 2022
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City of Sacramento
Description/Analysis
Issue Detail: The Old Sacramento docks are located upon the Sacramento River adjacent to the Old Sacramento Historic District. The waterway up to the high-water mark of the Sacramento River is owned by the State Lands Commission. The City has long-term leases with the State Lands Commission to manage and operate the docks. Over the course of the past 35 years, the City has installed several floating platforms, docks, and ramps at the Old Sacramento Docks in order to provide a welcoming, vibrant, and entertaining location.
Presently, the City has a sub-lease agreement with the Delta King hotel and restaurant, a concession agreement with Hornblower Yachts, and non-exclusive license agreements with Sac Brew Boat, River City Queen, and River City Tours. These businesses and operations serve as a vital part of the economy for the Old Sacramento Historic District.
The primary reason for this request is to amend the City Code as it relates to the location known as the public courtesy dock area. The area begins at an approximate location below Joe’s Crab Shack and extends south to a point below the Tower Bridge. Along this area, members of the public are allowed to moor their vessels. Presently, there is no mooring fee for use during the day and it is on a first come basis. There are no designated guest slips, so owners can moor their vessels where space is available. Historically, overnight mooring has been allowed with a charge of $1.50 per linear foot of the vessel. Estimating the length of the vessel and payment has been done primarily on an “honor system” where vessel operators place money in an envelope and put in it a drop box located on the dock. During periods of more frequent use in the summer months, a part-time attendant is sometimes present to oversee operations at the docks, take reservations, and accept payments for mooring.
Compared to other municipalities that operate public docks, the Old Sacramento Docks present some unique challenges. The location is not staffed with a full-time attendant or harbormaster like most marinas or harbors. Typically, a full-time harbormaster will often check incoming vessels to make sure they are seaworthy, possess insurance, and are registered.
Additionally, the public courtesy docks in Old Sacramento do not have designated berths so vessels moor where space is available. Due to being situated upon the Sacramento River, the configuration lacks a fixed access point similar to most marinas and harbors where it is easier to monitor the comings and goings of vessels. During the winter season there is typically not a high volume of vessel traffic or use of the docks, so the necessity and expense of staffing the location with a full-time attendant is not warranted.
Since the Department of Convention and Cultural Services (CCS) took over management and administration of the Old Sacramento docks, the docks have been regulated by a set of guidelines that CCS reviews on an annual basis, but which were never formally approved by City Council.
File ID: 2022-00711 Consent Item 03
April 05, 2022
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City of Sacramento
The guidelines were based on common courtesy and sought to ensure safe use by vessel operators and individuals using the docks. The boating community using the Old Sacramento Docks followed the guidelines and CCS did not receive many complaints nor safety concerns.
The summer of 2020 resulted in an unusual spike in the number of complaints from visitors as well from the various businesses holding leases and licenses to operate vessels from the docks. Concerns of safety were regularly cited as CCS was informed by dock attendant staff that patrons requested refunds and canceled reservations. Vessel owners operating from the docks under agreements with the City also reported vandalism and damage to their personal property. Illegal dumping of trash occurred at the docks further impacting City operations, guests’ experiences, and the health and safety of wildlife within the Sacramento River waterway. CCS was also made aware of unauthorized commercial activity, such as situations involving boats transporting passengers for hire despite those vessels not having authorization from the City to engage in such activities at the docks.
In an attempt to alleviate some of the events that transpired over the summer of 2020, CCS received a one-time budget augmentation to implement a two-pronged approach for addressing safety concerns in 2021. The first prong was to implement a foot patrol security program from April through October 2021. This provided a more immediate response in the event of any reported inappropriate behavior and was designed to have a deterrent effect of curbing any misbehavior before it happened. The second prong was implemented in June of 2021, when three Sacramento Police Department observation devices (“POD’s”) were installed at or near the docks. These efforts proved successful in providing a presence on the dock to assist with monitoring activities on busy weekend nights as well as providing a first-hand account of activities occurring on or near the docks.
In addition to the one-time budget augmentation, the Sacramento Police Department Marine Unit was authorized to work overtime and focus on the Old Sacramento docks to address some of the issues with rowdy behavior, crowds congregating at the courtesy docks late at night, and vessels remaining at the docks for extended periods of time. While there is no evidence the double homicide that occurred in Old Sacramento in July 2021 was related to activities at the public docks, following that crime a decision was made to close the docks to overnight mooring and reservations were no longer accepted in an effort to control mooring activity at the docks.
In anticipation of this summer’s boating season and to alleviate some of the situations that have occurred over the previous two summers at the Old Sacramento dock area, this ordinance will provide the City Manager with better oversight to manage the docks and limit or restrict mooring hours should the need arise. Vessel owners using the docks or individuals accessing the docks who fail to abide by the city code and associated signage will be subject to citation by the Sacramento Police Department.
File ID: 2022-00711 Consent Item 03
April 05, 2022
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City of Sacramento
This should enhance public safety, improve the overall experience of the public when using the docks, and provide better management during the summer months when there is a higher volume of boaters utilizing the docks.
CCS has also been working with other local jurisdictions to evaluate best practices for operations of the docks. CCS and the Police Department are coordinating with the City of West Sacramento in an effort to ensure that management, operations, and enforcement efforts work together. This joint effort will attempt to create a uniform approach to management of the public docks on both sides of the Sacramento River, making it easier for boaters to understand and comply with mooring regulations. There has been outreach to the Old Sacramento Advisory Committee (OSAC) to inform stakeholders that the City is working to address some of the recent issues observed at the docks. Finally, as previously mentioned, the configuration of the docks creates some unique challenges. In the absence of a full-time attendant to monitor the docks and who could assist in enforcing regulations when vessels remain longer than permitted, CCS is working with the Parking Division to implement a pay and display parking system for the docks as opposed to the former cash only system. CCS is anticipating seeking approval of a flat fee based on the number of hours a vessel is moored at the docks or increasing the amount if a vessel will moor for the entire day. This system will be easier to enforce than the prior “honor system” when boat owners had to estimate the length of their boat and then pay by cash only.
It is anticipated that once the City transitions to these new regulations and a program to educate the public of these changes is implemented, the unwelcome activities experienced at the docks the previous two summers will be curtailed.
Policy Considerations: Without additional enforcement tools, the City’s efforts to mitigate the issues at the docks will be less effective.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: None.
Commission/Committee Action: Not Applicable.
Rationale for Recommendation: With an amendment to the City Code adding a new chapter to regulate the Old Sacramento docks, the City can increase safety measures for vessel operators and citizens using the docks, have the ability to enforce regulations, or change hours of mooring, as needed, which are all designed to provide better management at the Old Sacramento docks.
File ID: 2022-00711 Consent Item 03
April 05, 2022
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City of Sacramento
This should create a more welcoming and friendly environment and enhance the public’s ability to use and enjoy the Old Sacramento docks.
Financial Considerations: None.
Local Business Enterprise (LBE): Not applicable.
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ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 12.72.060 OF, AND ADDING CHAPTER 12.100 TO, THE
SACRAMENTO CITY CODE, RELATING TO THE DOCKS IN OLD SACRAMENTO
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Subsection Z of section 12.72.060 of the Sacramento City Code is hereby amended to read as follows:
Z. Moor a vessel at any city -owned or city -managed dock for more than 36 consecutive hours or for the purpose of living on board the vessel for more than one night while moored at the dock. Any person on board the vessel at any time between the hours of 1:00 a.m. and 6:00 a.m. is conclusively presumed to be living on board for the night. A vessel that departs a dock after being moored for 24 hours or more, or that departs a dock after having been moored for the purpose of living on board for one night, shall not return to the same dock for at least 24 hours. The term “dock” includes the courtesy docks in Miller Park, Garcia Bend, and Old Sacramento, and any other dock operated primarily for temporary vessel mooring purposes. Notwithstanding the foregoing, the city may establish special rules relating to use of the docks in Old Sacramento, which rules may permit shorter or longer periods of mooring, impose fees for overnight mooring privileges, and permit other special uses of those docks; B. Except as amended by subsect ion A above, all provisions of section 12.72.060 remain unchanged and in full effect.
SECTION 2.
Chapter 12.100 is hereby added to the Sacramento City Code to read as follows:
Chapter 12.100 Docks in Old Sacramento
12.100.010 Definitions.
As used in this chapter:
“City manager” means the city manager or designee.
“Docks” or “Old Sacramento docks” means the docks in Old Sacramento located upon the Sacramento River, including the ramps for egress and ingress.
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“Moor” means to attach, tie, or otherwise secure a vessel to any man -made or natural object above the surface of the water.
“Seaworthy” means in good condition, structurally sound, not likely to sink or becom e a menace to navigation or a nuisance, and capable of getting underway and safely maneuvering over the surface of navigable waters.
“Vessel” means any watercraft of any type or size including barges, ferries, boats, yachts, houseboats, floating homes, floating platforms, and rafts.
12.100.020 Authority of city manager and city officials.
A. Every vessel moored at the Old Sacramento docks is subject to the direction and orders of the city manager. To the extent authorized by law, city officials may enter upon any vessel moored at the Old Sacramento docks to make inspections and take actions as may be required to enforce the provisions of this chapter or other applicable provisions of the city code.
B. The city manager may:
1. Promulgate regulations and procedures to effectuate and enforce this chapter;
2. Establish time and place restrictions for the mooring of vessels at the Old Sacramento docks;
3. With the concurrence of the chief of police, order the docks, or any portion of the docks, closed when the city manager determines closure will preserve the public peace, prevent damage to public property, quell riots or violence, or determines closure is otherwise in the public interest;
4. Post signs or other markings at or near the Old Sacramento docks indicating the regulations or procedures; and
5. Enter into any concession contract, lease, license, or permit, with the owner of a vessel to moor at the Old Sacramento docks.
12.100.030 Mooring charges.
A. Any fees and charges for the mooring of vessels or other activities provided for in this chapter shall be in amounts established by resolution of city council.
B. The fees and charges established under s ubsection A shall not apply to vessel owners paying rent, monthly moorage fees, or docking fees under a concession contract, lease, license, or similar agreement.
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12.100.040 Mooring in violation of this chapter.
A. No person shall moor a vessel contrary to the provisions of this chapter or the directions of signs or markings.
B. This section does not apply to vessels operated by the United States of America, the state of California, or any governmental entity, its agencies, or instrumentalities, or any vessel operating on behalf of any of these entities in connection with the dredging of any waterway, channel, harbor, or marina; flood protection projects; or levee repair, maintenance, or construction.
12.100.050 Failure or refusal to comply with a lawful order to remove a vessel.
A. No person shall willfully fail or refuse to comply with any lawful order of a city official to remove a vessel from the docks in Old Sacramento.
B. If any lawful order is not complied with, in addition to any other penalty or remedy provided by this chapter, the city may remove the vessel in the same manner as provided in chapter 8.112.
12.100.060 Registration of vessels.
A. Every vessel moored at the docks must be:
1. Registered and numbered as provided by the laws of the state of California or other state;
2. Documented under the laws of the United States; or
3. Certified as a historical structure listed in the National Registration of Historical Places.
B. The owner or any person mooring a vessel shall furnish the registration, identification card, or other evidence of compliance with subsection A to a city official when requested.
12.100.070 Children on the docks.
It is unlawful for any parent or legal guardian of a child under the age of 15 years to allow such child to enter, remain, or be upon the docks in Old Sacramento or in a moored vessel unless such child is accompanied by the child’s parent, legal guardian, or responsible adult who has the parent or legal guardian’s permission to supervise the child.
12.100.080 Animals on the docks.
No person shall allow a dog or other animal to remain upon the docks unless a leash, chain, strap, cord, or other similar device is securely fastened around the animal; and is held by a person capable of controlling the animal or fastened to a vessel.
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12.100.090 Non-seaworthy vessels.
A. No person shall moor or permit to be moored at the docks any vessel that is not seaworthy.
B. Determinations of seaworthiness shall be made by authorized personnel of the United States Coast Guard, a federal law enforcement officer, or peace officer as defined under California Penal Code section 830 et seq.
12.100.100 Fishing.
No person shall fish while upon the Old Sacramento docks or from a vessel moored at the Old Sacramento docks.
12.100.110 Refuse.
While on the docks or on a vessel moored at the docks:
A. No person shall throw, deposit, discharge, or otherwise place any refuse, garbage, debris, bait, sewage, or waste matter of any description, upon the docks or into the Sacramento River; and
B. No person shall throw, deposit, discharge, or otherwise place any oil, paint, varnish, spirits, coal tar, contaminated bilge water, inflammable liquid, refuse or residuary produce of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance, upon the docks or into the Sacramento River.
12.100.120 Sanitary facilities.
Owners of vessels that are used for eating or sleeping purposes shall post notices that the toilet facilities aboard may not be used while the vessel is moored at the docks, unless such vessel is equipped with a properly functioning sewage holding tank.
12.100.130 Open-flame devices.
No person shall use a barbecue or other open-flame device upon the docks or within their vessel while moored at the docks.
12.100.140 Tampering with or boarding vessels.
No person shall willfully injure, break, remove, or tamper with any part of a vessel moored at the docks, nor shall any person climb into, or upon, a vessel without the consent of the owner, unless in the performance of official duties, or to protect life or property.
12.100.150 Defacing property.
No person shall willfully deface, damage, destroy, or remove any sign, notice, barrier, structure, improvement, dock, or other property upon the docks that is owned,
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maintained, or controlled by the city, other governmental agency, or any person pursuant to a permit or agreement with the city.
12.100.160 Skateboards, roller skates, roller blades, scooters, and bicycles.
No person shall operate, use, or caused to be propelled a skateboard, roller skates, roller blades, scooter, or bicycle on the docks.
12.100.170 Engaging in commercial activity.
A. No person shall sell or offer for sale any goods, offer any services in exchange for compensation, or operate a business upon the docks or from any vessel while moored at the docks.
B. Subsection A does not apply where permission has been obtained by a vessel owner from the city by a concession contract, lease, license, permit, or other agreement to engage in commercial activities.
12.100.180 Loading or unloading of passengers for hire.
A. No person shall load or unload or allow the loading or unloading of passengers for hire from any vessel, commercial or otherwise, upon the docks.
B. Subsection A does not apply to vessels operating under the terms of a concession agreement, lease, license, or other permit issued by the city.
12.100.190 Liability for damage or loss of property.
The owner of a vessel shall assume all liability for damage or loss of any kind to the owner’s property while moored at the docks. The city assumes no risk on account of fire, theft, act of God, or damage of any nature, from any cause whatever, to a vessel or other property.
12.100.200 Accident reports.
Any person involved in an activity or collision which causes damage to any other person, vessel, property, or city facilities while moored at the docks, of any nature whatsoever, whether such person is at fault, or not, shall fill out an accident report provided by the city manager within 12 hours of such incident. The completion of this accident report shall be in addition to such notices or reports required by state or federal law.
12.100.210 Violations and enforcement.
A. In addition to any other remedies allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are declared to be a public nuisance.
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C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. Any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900.
E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
F. Nothing in this chapter is intended to alter, affect, or restrict the right of the city to remove any vessel to address an immediate threat to public health and safety or emergency condition or situation.
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ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE AMENDING SECTION 12.72.060 OF, AND ADDING CHAPTER 12.100 TO, THE
SACRAMENTO CITY CODE, RELATING TO THE DOCKS IN OLD SACRAMENTO
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
A. Subsection Z of section 12.72.060 of the Sacramento City Code is hereby amended to read as follows:
Z. Dock Moor a boat vessel at any city-owned or city-managed dock for more than thirty-six (36) consecutive hours or for the purpose of living on board the boat vessel for more than one night while moored at the dock. AnyOne or more persons on board the boat vessel at any time between the hours of 1:00one a.m. and six 6:00 a.m. shall beis conclusively presumed to be living on board for the night. A boat vessel that departs a dock after being moored for twenty-four (24) hours or more, or which that departs a dock after having been moored for the purpose of living on board for one night, shall not return to the same dock until for at least twenty-four (24) hours have elapsed. The term “dock” shall includes the courtesy docks in Miller Park, Garcia Bend, and Old Sacramento, and any other dock operated primarily for temporary boat vessel mooring purposes.
Notwithstanding the foregoing, the city council, by resolution, may establish special rules relating to use of the docks in Old Sacramento, which rules may permit shorter or longer periods of mooring, impose fees for overnight mooring privileges, and permit other special uses of those docks;
B. Except as amended by subsection A above, all provisions of section 12.72.060 remain unchanged and in full effect.
SECTION 2.
Chapter 12.100 is hereby added to the Sacramento City Code to read as follows:
Chapter 12.100 Docks in Old Sacramento
12.100.010 Definitions.
As used in this chapter:
“City manager” means the city manager or designee.
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“Docks” or “Old Sacramento docks” means the docks in Old Sacramento located upon the Sacramento River, including the ramps for egress and ingress. “Moor” means to attach, tie, or otherwise secure a vessel to any man-made or natural object above the surface of the water.
“Seaworthy” means in good condition, structurally sound, not likely to sink or become a menace to navigation or a nuisance, and capable of getting underway and safely maneuvering over the surface of navigable waters.
“Vessel” means any watercraft of any type or size including barges, ferries, boats, yachts, houseboats, floating homes, floating platforms, and rafts.
12.100.020 Authority of city manager and city officials.
A. Every vessel moored at the Old Sacramento docks is subject to the direction and orders of the city manager. To the extent authorized by law, city officials may enter upon any vessel moored at the Old Sacramento docks to make inspections and take actions as may be required to enforce the provisions of this chapter or other applicable provisions of the city code.
B. The city manager may:
1. Promulgate regulations and procedures to effectuate and enforce this chapter;
2. Establish time and place restrictions for the mooring of vessels at the Old Sacramento docks;
3. With the concurrence of the chief of police, order the docks, or any portion of the docks, closed when the city manager determines closure will preserve the public peace, prevent damage to public property, quell riots or violence, or determines closure is otherwise in the public interest;
4. Post signs or other markings at or near the Old Sacramento docks indicating the regulations or procedures; and
5. Enter into any concession contract, lease, license, or permit, with the owner of a vessel to moor at the Old Sacramento docks.
12.100.030 Mooring charges.
A. Any fees and charges for the mooring of vessels or other activities provided for in this chapter shall be in amounts established by resolution of city council.
B. The fees and charges established under subsection A shall not apply to vessel owners paying rent, monthly moorage fees, or docking fees under a concession contract, lease, license, or similar agreement.
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12.100.040 Mooring in violation of this chapter.
A. No person shall moor a vessel contrary to the provisions of this chapter or the directions of signs or markings.
B. This section does not apply to vessels operated by the United States of America, the state of California, or any governmental entity, its agencies, or instrumentalities, or any vessel operating on behalf of any of these entities in connection with the dredging of any waterway, channel, harbor, or marina; flood protection projects; or levee repair, maintenance, or construction.
12.100.050 Failure or refusal to comply with a lawful order to remove a vessel.
A. No person shall willfully fail or refuse to comply with any lawful order of a city official to remove a vessel from the docks in Old Sacramento.
B. If any lawful order is not complied with, in addition to any other penalty or remedy provided by this chapter, the city may remove the vessel in the same manner as provided in chapter 8.112.
12.100.060 Registration of vessels.
A. Every vessel moored at the docks must be:
1. Registered and numbered as provided by the laws of the state of California or other state;
2. Documented under the laws of the United States; or
3. Certified as a historical structure listed in the National Registration of Historical Places.
B. The owner or any person mooring a vessel shall furnish the registration, identification card, or other evidence of compliance with subsection A to a city official when requested.
12.100.070 Children on the docks.
It is unlawful for any parent or legal guardian of a child under the age of 15 years to allow such child to enter, remain, or be upon the docks in Old Sacramento or in a moored vessel unless such child is accompanied by the child’s parent, legal guardian, or responsible adult who has the parent or legal guardian’s permission to supervise the child.
12.100.080 Animals on the docks.
No person shall allow a dog or other animal to remain upon the docks unless a leash, chain, strap, cord, or other similar device is securely fastened around the animal; and is held by a person capable of controlling the animal or fastened to a vessel.
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12.100.090 Non-seaworthy vessels.
A. No person shall moor or permit to be moored at the docks any vessel that is not seaworthy.
B. Determinations of seaworthiness shall be made by authorized personnel of the United States Coast Guard, a federal law enforcement officer, or peace officer as defined under California Penal Code section 830 et seq.
12.100.100 Fishing.
No person shall fish while upon the Old Sacramento docks or from a vessel moored at the Old Sacramento docks.
12.100.110 Refuse.
While on the docks or on a vessel moored at the docks:
A. No person shall throw, deposit, discharge, or otherwise place any refuse, garbage, debris, bait, sewage, or waste matter of any description, upon the docks or into the Sacramento River; and
B. No person shall throw, deposit, discharge, or otherwise place any oil, paint, varnish, spirits, coal tar, contaminated bilge water, inflammable liquid, refuse or residuary produce of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance, upon the docks or into the Sacramento River.
12.100.120 Sanitary facilities.
Owners of vessels that are used for eating or sleeping purposes shall post notices that the toilet facilities aboard may not be used while the vessel is moored at the docks, unless such vessel is equipped with a properly functioning sewage holding tank.
12.100.130 Open-flame devices.
No person shall use a barbecue or other open-flame device upon the docks or within their vessel while moored at the docks.
12.100.140 Tampering with or boarding vessels.
No person shall willfully injure, break, remove, or tamper with any part of a vessel moored at the docks, nor shall any person climb into, or upon, a vessel without the consent of the owner, unless in the performance of official duties, or to protect life or property.
12.100.150 Defacing property.
No person shall willfully deface, damage, destroy, or remove any sign, notice, barrier, structure, improvement, dock, or other property upon the docks that is owned,
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maintained, or controlled by the city, other governmental agency, or any person pursuant to a permit or agreement with the city.
12.100.160 Skateboards, roller skates, roller blades, scooters, and bicycles.
No person shall operate, use, or caused to be propelled a skateboard, roller skates, roller blades, scooter, or bicycle on the docks.
12.100.170 Engaging in commercial activity.
A. No person shall sell or offer for sale any goods, offer any services in exchange for compensation, or operate a business upon the docks or from any vessel while moored at the docks.
B. Subsection A does not apply where permission has been obtained by a vessel owner from the city by a concession contract, lease, license, permit, or other agreement to engage in commercial activities.
12.100.180 Loading or unloading of passengers for hire.
A. No person shall load or unload or allow the loading or unloading of passengers for hire from any vessel, commercial or otherwise, upon the docks.
B. Subsection A does not apply to vessels operating under the terms of a concession agreement, lease, license, or other permit issued by the city.
12.100.190 Liability for damage or loss of property.
The owner of a vessel shall assume all liability for damage or loss of any kind to the owner’s property while moored at the docks. The city assumes no risk on account of fire, theft, act of God, or damage of any nature, from any cause whatever, to a vessel or other property.
12.100.200 Accident reports.
Any person involved in an activity or collision which causes damage to any other person, vessel, property, or city facilities while moored at the docks, of any nature whatsoever, whether such person is at fault, or not, shall fill out an accident report provided by the city manager within 12 hours of such incident. The completion of this accident report shall be in addition to such notices or reports required by state or federal law.
12.100.210 Violations and enforcement.
A. In addition to any other remedies allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are declared to be a public nuisance.
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C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. Any person who violates a provision of this chapter is guilty of an infraction, punishable by a fine in accordance with California Government Code section 36900.
E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
F. Nothing in this chapter is intended to alter, affect, or restrict the right of the city to remove any vessel to address an immediate threat to public health and safety or emergency condition or situation.