11.05.010 Permit.
A. Permit required.
1. It shall be unlawful for any Vessel to Moor, Anchor, berth, store, or otherwise be present in Belvedere Waters for a period of more than ten (10) consecutive hours without (1) a valid permit to do so from the City; and (2) having paid all applicable fees established by City Council resolution (“Permit”). The Permit must be displayed on the Vessel at a location that is visible from the outside of the Vessel at all times.
2. Permits may be obtained at the City Police Department after payment of a permit fee as established by City Council resolution. Each Permit shall be valid for a period of seventy-two (72) hours. Any Permit that is in arrears is invalid.
3. The Police Chief in his or her discretion may issue a Permit in the following circumstances:
a. as necessary for temporary events associated with the San Francisco Yacht Club or Corinthian Yacht Club.
b. for Belvedere residents who require temporary anchorage; or
c. for guests of Belvedere residents who require temporary anchorage.
4. Vessels are allowed to Moor, Anchor, or otherwise be present in Belvedere Waters for a period of up to ten (10) consecutive hours without a Permit.
B. Penalty.
1. The owner of a Vessel in violation of this Section shall pay to the City a penalty of five hundred dollars ($500) (“Penalty”) for each and every day the Vessel does not have a valid Permit. Each day constitutes a separate violation.
2. For Vessels in violation of this Section, the City shall issue a Penalty notice (“Penalty Notice”) by affixing a notice to the Vessel detailing the violation and Penalty owed to the City. The City shall also mail the Penalty Notice to the address of the Vessel’s last owner of record on file with the Department of Motor Vehicles by first class mail, in cases where the Vessel has a discernible registration number.
3. The Penalty Notice shall state the address and telephone number of the City, and contain information regarding how to pay the Penalty and appeal the Penalty if desired. The Penalty Notice shall state that the Vessel is subject to Impound within seventy-two (72) hours from the time of posting the Penalty Notice if a Permit is not obtained or the Vessel removed.
C. Impound. The City may Impound a Vessel that remains in Belvedere Waters without a Permit after seventy two (72) hours after the Vessel has been posted with a Penalty Notice. To Impound any Vessel, the City may relocate or secure the Vessel until such time as all fees or charges are paid in full, including, but not limited to, past due Permit fees, Penalties, interest, legal fees and costs, and charges for mooring, storage, and/or maintenance of the Vessel during Impoundment at the direction and reasonable discretion of the Police Chief. If the Vessel remains in Impound for a period of thirty (30) days without being claimed, the City may sell or destroy the Vessel pursuant to the provisions of the Harbors and Navigation Code.
D. Public Nuisance. A Vessel that is Moored, Anchored, or otherwise present in Belvedere Waters in violations of this Chapter shall constitute a public nuisance.
E. Costs Recoverable. All costs incurred by the City, including attorneys’ fees, for the enforcement and prosecution of this Section, and for the removal, storage, and disposal of any Vessel, and any associated costs, pursuant to this Section and all applicable provisions of local, state, or federal law, may be recovered by the City from the owner of the Vessel through any appropriate legal action in a court of competent jurisdiction. (Ord. 2016-4 § 3, 2016.)