ATTACHMENT B RULES AND REGULATIONS
These Rules and Regulations are an attachment to and incorporated in the Agreement. These Rules and Regulations are for the benefit all of all those who maintain a Vessel at the Marina. Vessel Owners are required to notify the Company or Manager of any unsafe or hazardous conditions that come to their attention. A breach of any of these Rules and Regulations shall constitute a breach of the Agreement and shall permit Company to exercise all rights and remedies permitted at law or in equity to remedy said breach, including, but not limited to, a termination of the .Agreement
- Water/Power Lines. Water, telephone, cable or power lines shall not cross main headwalks and be in good/safe condition
- Safe Mooring. All boats shall be moored in a safe manner.
- Vessel Inspections. The Company reserves the right to inspect all boats to determine if they are properly identified and equipped for safe operation in accordance with Coast Guard Regulations and other applicable regulations. The Company may, at their discretion require a current inspection by the U.S. Coast Guard. Further, the Company, Manager or its staff may question whether an individual is authorized to be aboard any vessel or in the Marina.
- Seaworthiness. Vessels must be (i) able to actively navigate seas or open waters, (ii) be maintained as to appearance, including, but not limited to, regular cleaning, maintenance and replacement of all painted and varnished surfaces, all bright-work, rigging, safety equipment and any other appurtenances, (iii) if equipped with an engine or motor, it must be operable and capable of producing sufficient way to make the Vessel maneuverable in accord with (i) above, (iv) if the Vessel is a sailboat without an engine, she must be equipped with sails, and her standing and running rigging must make her capable of producing sufficient way to make the Vessel maneuverable in accord with (i) above, and (v) at all times in compliance with the then applicable regulations, rules, orders, statutes and laws pertaining to water quality and safety. The Company may, at their own sole and absolute discretion require Vessel Owner to provide proof of compliance by current inspection from the U.S. Coast Guard. Houseboats are expressly deemed not Seaworthy.
- Fishing/Swimming. Fishing or swimming within Marina, including fishing from boats within the Marina shall not be permitted.
- Bicycles/Skates, Etc. No person shall roller skate, roller blade, skateboard, ride bicycles, go-peds (or other motorized or non- motorized scooter, skateboard, mini-bike or similar type device) or motorcycles on the docks or gangways located at the Marina.
- Berth & Vessel Size Restrictions. The maximum distance by which any boat (including all extensions such as swim steps, booms, bait tanks, etc.) may project beyond the end of the berth into the waterway shall be 10% of the length of the slip unless otherwise permitted in writing. Additionally, the beam (width) of a Vessel may not exceed, in any area of the Vessel, more than 90% of the width of the slip and must allow for the installation of adequate bumpers and appropriate other dock/vessel protection. No part of the boat shall extend over the main headwalk. All boats shall be tied with bow toward headwalk so boarding will be done on starboard (right) side. All Slips must be occupied by an appropriate size Vessel.
- Electrical Connections. In accordance with the Orange County Fire Code No. 419 and Article 555 of the National Electrical Code, all connections made to the Marina receptacles shall be grounded and U.L., or similar testing authority, listed. Shore cords must be of adequate size for the power provided. Shore power receptacles will be provided with ground fault circuit interrupter type circuit breakers, and vessel Owners must prevent “stray” current or current “leaking” into the water or the circuit breaker may trip, and vessel will be without power. The Company is not responsible for any loss due to lack of power. Electrical shore-power connections must be marine grade and be in good, safe condition. Electrical cords may not be affixed or secured to the docks or be allowed to hang into the water
- Children. Children under 12 years are not permitted on docks without the immediate presence of their parents or other responsible adults.
- Non-swimmers. It is highly recommended that non-swimmers and toddlers wear approved life jackets when on the docks or boat decks.
- Notification of Unsafe Conditions. Vessel Owner and all other Vessel Owners of the Marina, their guests and invitees shall promptly notify Company or Manager of any unsafe or hazardous condition that comes to their attention. IN CASE OF FIRE OR OTHER EMERGENCY, CALL 911 IMMEDIATELY.
- Hazardous Activities/Barbecues. All high-risk fire hazards, i.e., refueling boats at dock side, storing flammable or hazardous material in dock boxes, welding, etc. is strictly prohibited. Barbecues are strictly prohibited on all dock areas.
- Discharges from Vessels/Disposal of Liquids. No Vessel Owner of the Marina shall throw, discharge or deposit from any vessel, dock or premises any refuse matter, sewage, oil, spirits, inflammable liquid, oily bilges in the harbor. All such matter shall be deposited in appropriately-marked containers within the Marina. Orange County Ordinance No. 2073 provides it is unlawful to throw, discharge or deposit from any vessel or float any refuse, oily bilge fluids, inflammable liquids and other contaminants into water or upon the premises. Vessels with automatic bilge pumps will be maintained in such a manner as to prevent the discharge of contaminants overboard. Vessel sewage pump-outs must not be used to pump out bilges. Marine sanitation devices must be free of leaks and discharges, and y-valve must be in closed and locked position.
- Use of Chlorinators. Use of boat toilets not equipped with chlorinators or storage devices approved by the Orange County Health Department shall not be permitted within the Marina. The Company reserves the right to inspect all boats for installation and operation of such devices
- Laundry. There shall be no laundering or drying of clothes on deck or rigging at the Marina.
- Noise. Except for entering or leaving the Slip, main engines, power-generation equipment, or other noise-making machinery shall not be operated between the hours of 7:00 p.m. and 9:00 a.m. Unnecessary operation of engines in the Slip shall not be permitted.
- Engine Operation. Engines may not be operated in gear while boats are secured to dock
- Speed Limit. The maximum speed limit within Dana Point Harbor shall be 5 mph (no wake permitted). The maximum speed limit within all Marina parking lots shall be 5 mph and all unsafe driving is strictly prohibited.
- Improper Vessel Handling. Improper or unsafe boat handling shall be just cause for immediate termination of the Vessel Owner’s Agreement. Vessel Owner shall immediately report to the Company any and all vessel or vehicle accidents / damage occurring at Marina.
- Use of Docks/Floats. The use of docks/floats to store or place supplies, materials, accessories, or gear of any kind shall not be permitted within the Marina except in any lockers provided by the Company. Vessel Owner further agrees that the Company in its exclusive discretion may remove, impound and/or dispose of any such improperly stored items in which case the Company assumes no responsibility or liability.
- Boarding Steps. Any steps used for ingress to and egress from a Vessel must allow reasonable dock access in the sole and absolute judgment of Manager. The steps must be of a light weight construction and may not be used as a storage locker.
- Vessel Repairs. Apart from work accomplished wholly below decks, no rebuilding, hull painting, sander use, spray gun use, welding, overhauls or other vessel maintenance or refurbishment efforts are permitted while in the Marina. However, minor maintenance and bright work may be permitted. The types and extent of maintenance which will be permitted are within the sole and absolute discretion of the Company and Vessel Owner should contact the Manager with questions. Any damage caused to the premises by the Vessel Owner shall be repaired by the Company, at the expense of Vessel Owner.
- Damage to Company Property. Each Vessel Owner in the Marina will be held responsible for any damage to the Marina and/or structures caused by a Vessel Owner, his or her guests, agents and/or employees. Vessel Owner shall immediately notify Company of any and all damages caused to Company property.
- Repair of Damages Caused by Vessel Owner. Any damage to the Slip, Marina or Harbor by any Vessel Owner or his or her guests, agents and/or employees may, at the Company’s option, be repaired, corrected or replaced solely by Company at the expense of said Vessel Owner.
- Offensive or Harmful Conduct. Disorder, depredations or indecorous conduct by any Vessel Owner or his or her guests, agents and/or employees that might injure a person, disturb other Vessel Owners, cause damage to the Marina or the Harbor or harm the reputation of the Company shall be just cause for immediate termination of this Agreement.
- Solicitations. It is unlawful for any unauthorized person to solicit or advertise business or offer for sale goods, wares, merchandise or services, or solicit orders for such sales on the premises of the Marina, including but not limited to the docks, buildings or parking or vehicles and vessels within the Marina.
- Signs. Unauthorized signs or banners are prohibited aboard any vessel in the Marina or upon the Marina premises.
- Commercial Use of Vessel. Use of any Vessel moored at the Marina for commercial purposes is not permitted without the prior written approval of the Company. Manager shall have the sole and absolute authority to approve, modify or deny all commercial use of slips including the availability, use and eligibility requirements of slips available for commercial fishing vessels. Manager may suspend or modify commercial fishing slip eligibility requirements, by way of fish tickets / landing receipts, according to changes in local fishing conditions.
- Small Boat Launch. A “small boat” is defined as a sabot, inflatable, dinghy, jet skis or similar vessel with a LOA of 10 feet or less, or a SUP, canoe or kayak with a LOA of 15 feet or less. A small boat may be launched from Marina docks provided the Vessel Owner of such vessel(s) is entitled as a party to a current and valid Agreement AND the small boat weighs less than 100 pounds. Small boats weighing in excess of 100 pounds shall not be launched from Marina docks at any time.
- Amendment of Rules/Statutes/Regulations. The Rules and Regulations set forth herein and as they may be amended from time to time and all other laws, rules, statutes and regulations established by regulatory bodies having jurisdiction, including the City of Dana Point, County of Orange, State of California and the United States of America shall form a part of the Agreement as though printed herein. Manager shall have sole and absolute discretion to modify implementation and/or enforcement of all rules, regulations, fees, and eligibility criteria, up to and including suspension of enforcement.
- Television Antennas. Aerial television antennas are not permitted on Vessels moored in the Marina. A single satellite dish or marine television antenna (less than 18”) is permitted on a Vessel moored in the Marina.
- Use of Approved Equipment/Alterations to Docks & Premises. All equipment, used on docks by Marina Vessel Owner (steps, boarding ladders, etc.) must be approved by Company. Vessel Owner may not install additional dock lockers, fenders, bumpers, rub rails, rollers or in any way make alterations to the dock, dock box, pilings or fingers. Boat slip liners and boat lifts are prohibited. All installations on the floats shall be installed by Manager’s staff at the cost of the Vessel Owner and shall be approved by the Company on an individual basis in its sole and absolute discretion.
- Parking. No vehicle may remain on the parking lots provided by the Company for Vessel Owner’s use or other parts of the Marina for a period exceeding 72 hours unless prior written approval is obtained from the Manager. All types of trailers, RVs and vehicles longer than 23’ are prohibited in the Marina parking lots without the prior written approval of the Manager. Failure to comply with these parking rules may result in the towing of vehicles, at their owner(s) sole expense and risk. No Company Parties shall be liable to Vessel Owner or Vessel Owner’s guests, employees, or agents for any loss of, or damage of any kind to any motor vehicles or other personal property in or on the buildings, parking lots, or other portions of the Marina. All changes to parking regulations will be posted on the bulletin board outside the Manager’s office. The washing of any vehicle, vessel or apparatus is prohibited in the Marina’s parking lots.
- Maintenance of Slip and Surrounding Environs. Vessel Owner agrees to maintain the Slip, the walks, floats, pilings, ramps, gangways and docks in, about and surrounding the Slip in a neat, clean and unobstructed condition at all times. Should it become necessary for the Company to maintain the area in said condition, it will be done at Vessel Owner’s expense.
- Disposal of Refuse: The Vessel Owner shall not deposit into any garbage can or other receptacle located on Marina property any of the following: (1) paint, varnish, thinner, non-edible oil or other flammable or hazardous materials; (2) vessel parts, including but not limited to engine machinery parts, interior parts, fastenings or upholstery; or (3) any item weighing in excess of 20 pounds. For the location of household hazardous waste disposal sites, contact the Manager.
- Pets: Orange County Ordinance No. 4-1-45 provides that all pets shall be on a leash not longer than 6 feet, at all times and under the direct control of an adult except when on a vessel, but never left unattended. Should any pet become a nuisance at the Marina, Manager may require said pet to be removed from the Marina. Animals are not permitted in the restrooms. Dogs without leashes will be considered a violation of this Agreement and grounds for termination. Animal droppings are required to immediately be cleaned up.
- Hose - Nozzles. Automatic shut-off nozzles must be attached to hoses in order to conserve water. Water hoses shall not be left running in a manner that waste water.
- Vessel Maintenance / Contractors. Apart from minor maintenance and bright work, no work involving the Vessel may be accomplished while at the dock or otherwise on Marina property. The determination of what constitutes minor maintenance and bright work will be at the sole and absolute discretion of the Manager. Prohibited work includes, but is not limited to, painting, heavy sanding, use of paint remover, spray guns, welding or the burning of paint on the topsides or above the decks. Contractors hired by Vessel Owner to work on the Vessel must be registered with the Manager prior to the commencement of such work, and each such contractor must maintain and provide proof of liability insurance in an amount of at least $1 million, a valid business license and a valid sales tax permit issued by the CDTFA, provided, however, Manager still must approve the contractor or vendor by adding them to its approved registry, which approval may be withheld or revoked at Manager’s sole and absolute discretion. Vessel Owner further agrees to comply with all applicable rules, regulations, orders, statutes and laws of the Company, the State of California and/or all other governmental entities with jurisdiction over the Harbor or the Marina. Access will not be provided to un-registered contractors.
- Flammable Materials and Use of Dock Boxes. Neither Vessel Owner nor anyone acting on his/her behalf shall burn, paint or use flammable materials without the prior written consent of the Company. Vessel Owner agrees not to store any flammable or hazardous materials in the dock box locker. The Company assumes no responsibility for the protection or safety of Vessel Owner's possessions, including but not limited to, belongings kept by Vessel Owner in a dock box.
- Fish Cleaning. No fish cleaning is permitted within the Marina or Harbor
- Storage in Parking Lot. The Marina's parking lot is for the use of Vessel Owner and authorized visitors. Vessel Owner shall not store in the Marina's parking lots any vehicle, trailer, camper or anything else without the prior express written approval of the Manager.
- Articles Left in Storage Locker. The Company is not responsible for any article remaining in Vessel Owner's storage locker once Vessel Owner has moved his/her Vessel or abandoned his/her Vessel. Vessel Owner further agrees that the Company, in its exclusive discretion, may remove and dispose of any such articles left behind in which case all proceeds derived from such disposal, if any, shall become the sole property of the Company.
- Noise and Conduct. Vessel Owner shall not make or allow any disturbing noises on the docks or anywhere on the premises, with particular emphasis between the hours of 7:00 p.m. and 9:00 a.m., either by Vessel Owner or his/her family or guests, nor shall Vessel Owner permit such persons to engage in any conduct which will interfere with the rights, comforts or convenience of others. The activities and conduct of Vessel Owner and/or Vessel Owner's family while on Marina premises must be reasonable at all times. Vessel Owner assumes full responsibility for his/her guests' conduct and agrees to be held jointly and severally liable for all consequences of his/her guests’ actions or misconduct.
- Storage of Equipment. Vessel Owner shall not store or leave any items on the floats, docks, fingers, landings or landside areas of the Marina, including plants, bicycles, dinghies, kayaks, stand-up paddleboards (SUP’s) or other items. Bicycles, kayaks, SUP’s, dinghies and jetskis, must be stored on the Vessel. The Company strongly urges Vessel Owner secure all items, as the Company shall not be held liable for the loss or theft of any personal belongings.
- Additional Storage. Company may but is not required to provide storage for dinghies, SUP’s and/or kayaks. If Company elects to do so, then Vessel Owner is not assured he/she will be provided storage space. If dinghy, SUP and/or kayak storage space is provided, then Owner agrees to tender the then current dinghy/kayak/SUP storage fee no later than the first day of each month, together with other fees due.
- Halyard Noise. Halyards shall be tied off to eliminate noise. Dock lines shall be maintained in a safe, unchafed, manner and shall be of adequate size for the Vessel.
- Sale of Vessel. Should Vessel Owner sell or otherwise transfer interest in Vessel, Vessel Owner may upon written approval of Manager, continue renting the Slip provided Vessel Owner obtains a new vessel of size appropriate for the Slip within 90 days. Failure to purchase a new vessel within 90 days and/or provide adequate documentation of purchase transaction shall be considered grounds for immediate termination of this Agreement.
- Change of Ownership. Vessel Owner shall notify Manager in writing within five (5) days of any change of ownership of Vessel resulting from a gift, sale, inheritance, withdrawal, addition or substitution of partners, the sale or transfer of stock or change of directors or officers in a closely held corporation owning the vessel (a “Transfer”). Vessel Owner or Original Equity Owners must maintain a minimum of 20% interest in Vessel or Vessel Owner, respectively, and an interest in Vessel or Vessel Owner, respectively, equal to or greater than that of all other parties. Original Equity Owner(s) shall mean those individuals who have a minimum twenty percent (20%) ownership interest in a Vessel Owner entity at the time this Agreement was originally executed and who are listed in Attachment A as part of the Percentage Ownership Statement. This Agreement may be Transferred to or maintained by any of the Original Equity Owners if done in accordance with the other provisions of this Agreement. If, through Transfer, there are no remaining Original Equity Owners, then this Agreement will be void.
- Transfer of Interest in Vessel. Should Vessel Owner sell or otherwise transfer any interest in the Vessel, with the intent to continue to occupy slip with the same Vessel, Vessel Owner shall provide Marina with all bona fide purchase and sales information detailing the transaction. This may include but is not limited to purchase agreement, promissory notes, cancelled checks and tax receipts. Failure to provide adequate documentation of sales transaction including percentage of interest sold, shall be considered grounds for immediate termination of this Agreement. The sales transaction for a partial interest in a Vessel Owner vessel must detail sufficient and appropriate compensation in the sole judgement of the Manager for the purchased interest. All purchase and sales information must be provided to the Manager within five (5) days of the transaction or this Agreement may be immediately terminated.
- Purchase of Interest in a New Vessel. Upon acquisition or purchase of an ownership interest in a new vessel, which Vessel Owner intends to occupy the Slip, Vessel Owner shall provide Marina with all bona fide purchase and sales information detailing the transaction. This may include but is not limited to purchase agreement, promissory notes, cancelled checks and tax receipts. The purchase transaction for a Vessel Owner’s partial interest in a vessel must detail sufficient and appropriate compensation in the sole judgement of the Manager for the purchased interest.
- Dock Carts. Are to be used to transport personal items to and from vessels and must then be returned to the headwalk entrance behind dock gates. Please do not uses dock carts for heavy equipment, machinery, tools, or hazardous materials.
- False Information. Providing false information or documentation to Manager or Company to obtain or maintain a Slip in Marina shall be considered grounds for immediate termination of this Agreement.
- Registration and Insurance. Vessel Owner shall provide Manager a copy of current vessel registration from the CA DMV or vessel documentation from US DOT. Registration or documentation must list all vessel owners and Marina tenants of record. Before locating a vessel in Marina, Vessel Owner shall provide Marina proof of current vessel insurance as required in this Agreement. Failure to provide current vessel registration / documentation and current vessel insurance for the entire term of the Agreement may result in termination of the Agreement.
- Parking Gates/Guest Access. Access to each Marina parking lot is controlled by an automated parking gate. Vessel Owner understands and agrees that the failure of Vessel Owner or of any of Vessel Owner’s family, guests, agents, contractors or employees to follow posted parking gate instructions will result in severe tire damage. Company will not be liable for any damages sustained entering, exiting or using Marina parking gates or Marina parking lots. Company is not responsible for providing access to guests of Vessel Owner. It is recommended that Vessel Owner make arrangements to meet guests at a specific time or provide guests a means to contact Vessel Owner.
- Maintenance Best Management Practices. Vessel Owner and Vessel Owner’s contractors must adhere to the following procedures. Failure to follow these policies /procedures will result in immediate termination of the Vessel Owner’s Agreement:
a. General Policies.
- i. All contractors, independent contractors and self-employed boat workers hired by Vessel Owner must register with and receive prior approval from the Marina and meet all Vendor requirements before beginning work on the Marina’s premises.
- ii. The only approved power tools to be used on a vessel in the Marina are vibrator sanders (maximum of 2), electric buffers, and electric drills.
- iii. Vessel Owners may undertake basic boat projects as needed to maintain their vessel’s safety, appearance and utility. The extent of such repairs and projects allowed in the Marina shall be at the sole and absolute discretion of the Manager and/or Company.
- iv. New or substantial work must be approved by the Marina prior to undertaking the project.
- v.Minor vessel maintenance projects should be limited to work on 25% or less of the vessels surface and not to exceed 5 days.
- vi. All Vessel Owners are reminded that the Marina is a recreational area and not a boat yard or repair facility. Boaters are required to protect water quality at all times
- vii.Boaters are encouraged to use environmentally friendly cleaning products. Products should be phosphate free and be biodegradable. Avoid cleaners that contain lye, sodium hydrochloride, chlorine, or petroleum distillates.
- viii.Boaters are encouraged to use non-toxic and legal paints. Use products that are low in VOCs (Volatile Organic Compounds) which are a source of air pollution.
- ix. Utilize dry cleaning methods (e.g. sweeping). If washing is unavoidable, collect wash water for treatment and/or proper disposal.
- b. Engines and Bilges.
- i. Vessel Owners must use absorbent bilge pads to soak up oil and fuel in the bilge.
- ii. Do not discharge bilge water if there is a sheen to it.
- iii. Recycle oil and fuel products properly.
- iv. Dispose of absorbent pads and filters properly.
- v. Do not dispose of any fuel, paint, oil, absorbent pads/rags, batteries, engine parts, or other contaminated materials into the Marina’s trash receptacles or dumpsters.
- vi. Use caution when fueling to avoid spills and potential hazardous situations. Fueling at dockside is prohibited. Avoid overfilling fuel tanks.
- vii. Keep engines properly maintained for efficient fuel consumption and clean exhaust.
- viii.The use of detergents and/or emulsifiers of fuel spills in the water is prohibited.
- ix. Use oil absorbent pads while fueling at the fuel dock to catch any drips or spills.
- x. Routinely check engines for leaks and use drip pans or absorbent pads under engines.
- xi. Report all spills to the Marina office immediately.
- c. Painting and Varnishing – Hull Painting is Strictly Prohibited
- i. Open containers of solvents or paints on the docks are strictly prohibited. Never leave open paints unattended.
- ii. Always mix paints and epoxy over a tarp.
- iii. Always use a pan or drop cloth.
- iv. Use up remaining bits of paint by spreading it on an old board.
- v. Spray painting or spraying of varnishes is prohibited in the Marina.
- vi. Do not dispose of any paint, oil, varnish, absorbent pads/rags or other contaminated material into the Marina’s trash cans or dumpsters. Paints, solvents and other hazardous materials must be disposed of legally at a household hazardous waste station (714)834-6752 or other appropriate disposal facility.
- vii. Properly clean, store, and dispose of painting, finishing, and coating materials.
- viii. Do not dispose of toxic substances or liquid wastes on the pavement, ground, or storm drain. 1
- ix. Cover materials with a temporary waterproof covering made of polyethylene, polypropylene or hypalon.
- x. Clean paint brushes and tools covered with water-based paints in sinks connected to sanitary sewers or in portable containers that can be poured into a sanitary sewer drain. Refer to fact sheet IC24 Wastewater Disposal for guidance on appropriate methods for disposal of wash water to the sanitary sewer.
- xi. Clean paint brushes and tools covered with non-water-based paints, finishes, or other materials such that used solvents (e.g., paint thinner, turpentine, etc.) can be collected for recycling or proper disposal.
- xii. Recycle paint, paint thinner, solvents, and other recyclable materials whenever possible.
- d. Surface Preparation.
- i. Use biodegradable soaps, cleaners and teak cleaners approved for ocean waters.
- ii. Liberally use tarps to capture all scrapings, debris and drips. No material may enter the water.
- iii. Only vibrator sanders (maximum of 2) with vacuum capture is allowed in the slips.
- Use a vacuum to remove all dust and debris. No material may enter the water.
- e. Sewage.
- i. Untreated sewage must never be discharged into the harbor waters.
- ii. Marine sanitation devices must be kept free of leaks and discharges. While in the Harbor, the y-valve must be in closed and locked position.
- iii. Store sewage in holding tanks and dispose of sewage properly at pump-out stations.
- iv. Never discharge Type I sewage while moored in the Marina.
- v. Use shore-side restrooms whenever possible, rather than toilets aboard vessels.
- f. Solid Waste Disposal.
- i. Dispose of all garbage in proper shore-side dumpsters.
- ii. Let empty cans dry thoroughly before disposing of them into trash dumpsters.
- iii. Recycle green, brown and clear glass, newspapers and aluminum products.
- g. Chemical Storage.
i. Purchase only the amount of chemicals/paints you need for a project.
- ii. Review storage of paints, varnishes, solvents, and chemicals every six months. Properly dispose of old or unnecessary products.
- iii. Do not store more than two gallons (total) of these products on your Vessel.
- iv. Keep chemicals in their original containers, if feasible.
- v. Keep containers well labeled according to their contents (e.g., solvent, gasoline).
- vi. Label hazardous substances regarding the potential hazard (corrosive, radioactive, flammable, explosive, poisonous).
- vii. Prominently display required labels on transported hazardous and toxic materials (per US DOT regulations).
- viii. Never store any of these products in a dock locker.
- h. Hull Maintenance – Hull Painting is Strictly Prohibited
- i. The use of hull paints approved by the U.S. Department of Pesticide Regulation is required (at a shipyard).
- ii. Make sure that paints are applied properly and in accordance to manufacturer’s recommendations.
- iii. Wait 90 days after painting the hull before underwater cleaning.
- iv. Hull bonding or painting problems should be properly repaired (at a shipyard).
- v. Schedule regular hull cleaning & maintenance to eliminate the need for hard scrubbing. Soft scrubbing reduces environmental impact and extends the life of your hull paint.
- vi. Choose a qualified hull cleaning company using Best Management Practices registered with the Marina Manager.
- vii. Power scrubbers and pressure washers are prohibited at the Marina.
- viii. Waste zinc anodes should be disposed of properly.
Contact the Marina Manager’s Office for Recycling Locations, Pump-Out Locations, and
Commercial Pump-Out Services
- 56. APPLICABLE LAWS. The following la\ws and regulations are not meant to be exhaustive, they are being provided for convenience only, and each licensee is responsible for complying with ALL applicable laws and reguations, whether enacted by the City of Dana Point, the County of Orange, the State of California, or the United States of America.
OC PARKS (FORMERLY: HARBORS, BEACHES AND PARKS DISTRICT) Orange County Code
Article 11. Harbor Sanitation
Sec. 2-2-163. Toilets and Refuse
- No person shall discharge or permit or allow any other person on a vessel under his control or command to discharge any human or animal excreta from any head, toilet or similar facility or otherwise from a vessel into the waters of a harbor.
- No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from any factory or elsewhere, any refuse matter of any description in the navigable waters of a harbor. (Code 1961, 22.111)
Sec. 2-2-167. Discharge of Flammable Material. No person shall pump or discharge from any vessel or tank into the waters of a harbor, oil, spirits or flammable liquid, or deposit any rubbish, refuse matter or articles of any offensive character therein or upon any pier or street leading to such facility. (Code 1961, 22.115).
Sec. 2-2-168. Dead animals. No person shall throw, place or leave any dead animal or putrefying matter into or in the waters of a harbor, on or along the shore thereof. (Code 1961, 22.116)
Sec. 2-2-169. Vessel wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle from human body wastes in the waters of a harbor unless:
- Said vessel is also equipped with a holding tank designed to retain all human body wastes deposited in said head or receptacle until such time as said sewage can be discharged otherwise in accordance with law; or
- Said head or receptacle is connected directly to a sanitary sewer system; or
- Said head or receptacle is connected to an on-board sewage treatment system which produces an effluent meeting such standards as may be approved by the County Health Officer for discharge into the waters of a harbor. (Code 1961, 22.117)
FISH AND GAME CODE Division 6 Fish. Chapter 2. Pollution. Article 1. General. Section 5650
- Except as provided in subdivision (b), it is unlawful to deposit in, permit to pass into, or place where it pass into the waters of this state any of the following:
- Any petroleum, acid, coal or oil, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance.
- Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, or mill of any kind.
- Any sawdust, shavings, slabs or edgings.
- Any factory refuse, lime, or slag.
- Any cocculus indicus.
- Any substance or material deleterious to fish, plant life, or bird life.
- This section does not apply to the discharge or release that is expressly authorized pursuant to, and alliance with, the terms and conditions of waste discharge requirement pursuant to Section 13263 of Water Code or a waiver issued pursuant to subdivision (a) of Section 13269 of the Water Code.
FISH AND GAME CODE Division 6 Fish. Chapter 2. Pollution. Article 1. General. Section 5652
- It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high-water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, or the viscera or carcass of any dead mammal, or the carcass of any dead bird.
- The abandonment of any motor vehicle in any matter that violates this section shall constitute a rebuttal presumption affecting the burden of producing evidence that the last registered owner of record, not having complied with Section 5900 of the Vehicle Code, is responsible for such abandonment and is thereby liable for the cost of removal and disposition of the vehicle. This section prohibits the placement of a vehicle body on privately owned property along a stream bank by the property owner or tenant for the purpose of preventing erosion of the stream bank.
HARBORS AND NAVIGATION CODE Division 1.5 Navigable Waters. Chapter 3 Offenses. Section 133
- Except in case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, or as otherwise permitted by law, it is unlawful and constitutes a misdemeanor for any person to discharge, or suffer the discharge of oil by any methods, means, or manner, into or upon the navigable waters of the State from any vessel using oil as fuel for the generation of propulsion power, or any vessel carrying or having oil in excess of that necessary for its lubricating requirements, and such as may be required under the laws and prescribed rules and regulations of the United States and this State.
- As used in this section, the term “oil” means oil of any kind or in any form, including fuel oil, oil sludge, and oil refuse, and the term, “navigable waters of the State,” means all portions of the sea within the territorial jurisdiction of the State, and all inland waters navigable in fact in which the tide ebbs and flows.
INTERNATIONAL TREATY TO PREVENT POLLUTION FROM SHIPS
MARPOL requires all boats 26 feet and over in length to display in a prominent place where the crew and passengers can read it, an information placard on the subject of plastics prohibitions. See https://dbw.parks.ca.gov/pages/28702/files/pubs_marinepollution.pdf for the