Rules and Regulations of The San Francisco Marina Small Craft Harbor – DRAFT 1/2012

DRAFT 01/2012

RULES AND REGULATIONS OF THE

SAN FRANCISCO MARINA SMALL CRAFT HARBOR

 

SECTION 1 – DEFINITIONS

Whenever any of the words hereinafter defined are used in the Rules and Regulations, they shall be construed to mean the following:

“San Francisco Marina Small Craft Harbor” shall include both the East Basin and West

Basin, and entrances thereto, and hereafter referred to as “Marina”.

Marina Manager “Harbormaster” shall mean the Marina Manager of the San Francisco Marina Small Craft Harbor.

“General Manager” shall mean the General Manager, Recreation and Park Department of

the City and County of San Francisco.

“Berthholder” or “Owner” shall mean the owner of the vessel named in the Berthing Agreement.

“Charter Vessel” shall mean any vessel carrying passengers for hire.

“Vessel” means any boat, watercraft or other vessel in, entering, or departing the Marina.

“Person” means any person, including an Owner, using theMarina.

“Berth” means a berth or mooring in theMarinaand (if applicable) a storage place ashore within theMarina, and the word Berthing shall be construed accordingly.

“Berthing License” means the contract under which the Owner is granted the right for his Vessel to occupy a Berth in theMarina.

“Hot Work” means any activity generating a naked flame, spark or hot gas, and includes the use of BBQs and other cooking apparatus on the deck of a Vessel.

 

SECTION 2 – Marina Manager HARBORMASTER: AUTHORITY

The Marina Manager Harbormaster, acting under the orders and supervision of the General Manager, subject to the approval of the San Francisco Recreation and Park Commission, shall have full authority in the interpretation and enforcement of all Rules and Regulations pertaining to the Marina, and all orders given in the performance of his/her duties shall be obeyed.

Every boat entering theMarinashall immediately become subject to the authority and direction of the Marina Manager Harbormaster.

Every boat shall be berthed in the space assigned by the Marina manager Harbormaster.

All Persons shall comply with the Harbormaster’s instructions that relate to the safe, efficient, and peaceable operation of theMarina.

Persons shall at all times be attentive to their own behaviour and to the behaviour of their family and guests, and shall not allow anything to take place at the Marina that is illegal or which might reasonably be expected to cause annoyance, nuisance, or offence to nearby property or to other Persons (e.g. loud audio equipment, inconsiderate or anti-social behaviour, bad language, disrespect to local custom, inappropriate modes of dress).

 

SECTION 3 – BERTHING

A. There are two classes of berth rentals in the Marina: permanent and transient. 

1. Permanent rentals are made to owners desiring to berth their boats for a period one month of longer.

2. Transient rentals, as available, are assigned to owners desiring to berth their boats for less than one month. There are four classes of berthing licenses in theMarina are: Annual (365 days), Seasonal (3 to 6 months), Monthly (1 to 3 months) and short term (Daily).

B. Applications for berths in the Marinashall be made to the Marina Manager Harbormaster on the form furnished by him/her. Berth assignments will be made according to the Waiting List Procedures adopted by the San Francisco Recreation and Park Commission unless the provisions of paragraph D of this section are invoked.

C. Each boat shall be berthed in the space assigned by the Marina Manager Harbormaster.

D. An Owner, upon a bona fide sale of the boat berthed therein, with the prior approval of the Marina Manager and the payment of the transfer fee, may assign the berth to the  buyer of the boat; conversely, he/she may, upon approval of the Marina Manager, retain this same berth assignment for another boat owned by him/her provided the latter boat is within the classification of the berthing space assigned. An owner, upon a bona fide sale of the boat currently under Berthing License with the Marina, may transfer the Berthing License to a new vessel of proper size with the approval and inspection of the Harrbormaster if the new vessel is registered in his name. The berth may not be transferred to the new owner of the vessel. An Owner, upon a bona fide sale of his vessel, may be released from his Berthing License and the berth will defer back to the management of the Harbormaster, No refund will be given to the Owner that requests cancellation of a Berthing License due to bona fide sale of vessel. The Berthing License is valid only for the Owner and the Vessel named on it, and it is not transferable.

An Owner may terminate his Berthing License at any time. Berthing License fees will not be refunded unless the circumstances are exceptional, and then only at the Harbormaster’s sole discretion.

E. Any sale, purchase or exchange of boats occupying permanent berths in the Marina must immediately be reported to the Harbormaster.

F. The holder of a permanent berth assignment who desires to temporarily vacate his/her berth for a period of six (6) months or less may, subject to the prior approval of the Marina Manager, sublet said berth to another boat owner provided the vessel is within the classification of the berth. The original Berthholder assigned, in such instances, shall continue to be responsible for the payment of the berthage fee, and any taxes incident thereto, including possessory interest tax. The Berthing Agreement shall continue in the name of the original Berthholder. At the expiration of the sublet period, the Berthholder and sublessee must relinquish the berth if the Berthholder does not return a vessel owned by him/her to said berth.While a vessel is assigned to a specific berth, the Harbor Master retains the assignment right at all times, and the Marina may for operational, technical, or safety reasons allocate an alternative Berth. When the Vessel is absent from its normal Berth, theMarina shall be entitled to use the Berth for other Vessels, and it may retain any revenue arising.

The Owner must inform the Marina in advance if his Vessel is leaving its Berth for more than 24 hours, and endeavour to give theMarinaat least 24 hours advance notice of its return.

G. The berth assignment of any Berthholder, who occupies his/her assigned berth, with his/her own boat, for a total of less than six (6) in any twelve (12) month period shall be cancelled. The only exception to this rule shall be an extended absence for a bona fide reason of which the Marina Manager Harbormaster has been informed in writing prior to the absence thereof. The Marina ManagerHarbormaster may require reasonable proof of the continued ownership and location of the vessel from time to time during the absence from the Marina.

H. The holder of a permanent assignment of a specific size has no right to a larger berth in the event he/she purchases a larger boat, and must apply for the assignment of an appropriate berth according to the waiting list policy.

I. Berthing of a boat, the size of which is greater than that of the berth assigned to the Berthholder, is not permitted.                                                                                               Owners will ensure that no part of his Vessel (e.g. pulpit, anchor, davits, outboard engine) overhangs the pontoon, jetty or quay, or extends into the navigational fairways of theMarina. Vessel length is measured from stem to stern, actual length as it sits in the berth. Vessel length will not exceed the length of the finger pier.

J. The Marina Manager  Harbormaster shall have the authority to move, or relocate in theMarina, any boat berthed therein, that is in violation of any rules and regulations and has failed to cure such violation within ten (10) calendar days following written notice from the Marina  Manager  Harbormaster of the nature of the violation and demand to cure, or if such relocation is required for the safety and protection of persons or property, or is appropriate in order to obtain optimum utilization of facilities available. Owner also appoints theMarinaas his/her agent for designating a place of storage and safekeeping at his/her expense in the event that theMarinadoes not want to store the boat described above on its own premises. Under the provisions of this contract, Owner shall also reimburse theMarina for the cost of removal and transportation to and from said storage facility. Owner hereby grants theMarinapermission to board the vessel for said purpose.

K. Unauthorized berth occupancy is prohibited and the Marina Manager is authorized to move or secure the boat until berthage has been assigned and fees have been paid.

 

SECTION 4 – BERTHING CHARGES

A. All charges and fees shall be made in accordance with the schedule adopted by the Recreation and Park Department.

B. If a berth is assigned effective the first day of a month, then the full month’s rental is charged. If the initial period is less than a full month, the charge will be on a pro rata basis.

C. The first month’s rental plus an additional security deposit of one month’s rental shall be made upon assignment of a berth. At the time of the release of the assigned facilities, such deposit shall be applied against any unpaid rentals or other charges owning to the Recreation and Park Department, and the balance of the deposit shall be refunded if the required notice has been given.

D. A full month’s berthing charge shall be made for occupancy of a berth for all of a portion of the final month of occupancy. There shall be no prorating of the rent for the final month.

 

SECTION 5 – NON-PAYMENT OF CHARGES

A. Any berth assignment, the fees for which are fifty (50) days delinquent shall be cancelled, and the berth shall be vacated.

B. No person shall remove or cause to be removed from theMarinaany vessel upon which charges for berthing or any other proper charges, are delinquent, without paying all such delinquent charges.

C. In accordance with the provisions of Division 3, Chapter 2, of the Harbors and Navigation Code of the State ofCalifornia, the charges for berthing fees or charges for services are liens upon a vessel, and when these are delinquent fifty (50) days or more, an action may be brought against the Owner or Berthholder to enforce payment of the lien by the Marina Manager Harbormaster, and the vessel with all its appurtenances and furnishings may be attached as security for the satisfaction of any judgment that may be recovered in the action.                                                                                                                    If the attachment is not discharged, and the judgment is recovered, and an execution is issued thereon, the vessel and all of its appurtenances and furnishings may be sold at public auction and the proceeds applied in accordance with the above provisions of the Harbor and Navigational Code.

D. Berth fees are due and payable within fifteen (15) calendar days of the due date. Any Berthholder whose berth rent payment is delinquent on three (3) of more occasions within a three (3) year period shall be designated a “Habitual Late Payer”. The Marina  Manager Harbormaster shall have the option to terminate the berthing agreement of any “Habitual Late Payer” on the occasion of any subsequent delinquencies of berth rent.

 

SECTION 6 – RELEASE OF ASSIGNED FACILITIES

The Marina Manager Harbormaster shall be notified in writing of the exact date of release of an assigned berth.

This notice must be given at least fifteen days in advance of the effective date of release. Charges will continue until such written notice is received.

 

SECTION 7 – DISPOSING OF REFUSE

A. No person shall throw, discharge or deposit from any vessel or from the shore or float any refuse matter of any kind whatsoever into or upon the waters of the harbor, or in, on or upon the banks, walls, sidewalks, or beaches of any waters within the boundaries of the Marina area.

B. No person shall dump or discharge oil, spirits, inflammable liquid or contaminated bilge water into theMarina.

C. All garbage must be deposited in receptacles furnished by the Recreation and Park Department for that purpose, or removed from theMarinaarea.

 

SECTION 8 – HAZARDOUS OBSTRUCTION PROHIBITED: BOARDING PLATFORMS

A. Floats, gangways, top of lockers and dock shall be kept clear at all times, of skiffs, tenders, miscellaneous gear, debris or other hazardous obstructions.

B. Any condition aboard or around any boat, float, or gang plank caused by the Berthholder, which, in the opinion of the Marina ManagerHarbormaster constitutes a fire hazard, health menace, or danger to public safety, shall be corrected or removed immediately to the satisfaction of the Marina ManagerHarbormaster. In the event of the refusal of the Owner to remedy forthwith the aforesaid condition, the Marina ManagerHarbormaster or General Manager shall effect such correction or remove and may cancel the berth assignment of the Berthholder.

C. Boarding platforms or ladders on floats shall be permitted, subject to the prior approval of the Marina ManagerHarbormaster, provided that any platform used for boarding shall not be over eighteen (18) inches in width and not over three (3) feet high, and shall be of lightweight construction. The platform shall not be used as a storage locker.

D. No person shall build or place in or about theMarina, any structures, such as walkways, gangplanks, float fingers, rubbing piles, dock boxes, etc. without prior written approval of the Marina ManagerHarbormaster.                                                                                             No modifications of Dock Structures are permitted. This includes flotation systems, containment basins under vessels, fendering, antennas and any other additions at the discretion of the Harbormaster.

E. Dock boxes (gear lockers) must conform to the following specifications: be triangular in  shape, no larger than 36″ x 36″ x 42″ in height, of fiberglass or plywood construction  with nonferrous hardware. Only one box per berth is permitted. Any dock boxes that do  not conform to the foregoing specifications shall be removed from the Marina. Location  of dock boxes shall be subject to the approval of the Marina Manager. No Dock boxes other than the ones supplied by theMarina will be allowed on docks.

 

SECTION 9 – USE OF WATER AND ELECTRICITY

A. Charges for water and electricity under normal usage are included in berthing fees for theEastMarinaBasin. In theWestMarinaBasin, where electric meters are installed, the Owner will be charged for actual usage according to Playground&A posted KWH cost.

B. Continued use of water is prohibited except in the case of emergency. The existence and nature of the emergency shall be reported immediately to the Marina Manager Harbormaster.

C. Excessive use of electricity for heating, cooling, and other purposes is prohibited. If the Marina Manager Harbormaster is of the opinion that there is excessive use of electricity by Berthholder, he/she may attach a meter to the outlet for measuring actual consumption. Electrical consumption in excess of 264 kilowatt hours in any month shall be charged to the Berthholder and added to the monthly berthing fee. The Owner will ensure that his Vessel’s connection to theMarina’s electricity supply is safely fitted and maintained, and that the electricity cables are disconnected from the supply point before being disconnected from the Vessel.

 

SECTION 10 – MAINTENANCE OF FACILITIES

Repairs to and maintenance of a vessel may be made or accomplished while such vessel is at its berth, provided all such work is done within the confines of the vessel itself and is not carried on in any manner whatsoever upon floats, gangways or docks. All materials used in such repair or maintenance work must also be kept within confines of the vessel and may not be kept upon floats, gangways or docks. Spray painting is not permitted in theMarina.

Owner will not carry out repair or maintenance work in the Marina(except of a minor nature). The Harbormaster always reserves the right to order any work to cease if it considers that there is a risk of  damage, nuisance, or a health and safety hazard.

The Owner will maintain his Vessel in a clean and tidy condition, and sufficiently seaworthy so that it can leave the Berth in all normal weather and sea conditions.

 

SECTION 11 – PUMPING AND LABOR CHARGES

If in the opinion of the Marina ManagerHarbormaster, a boat is in danger of sinking he may pump out water from the vessel and the cost of this emergency service shall be charged to the Berthholder, in accordance with the fee schedule established by the Recreation and Park. The Harbormaster may board, enter, move, or carry out emergency work on a Vessel for safety or operational reasons at Owners expense.

 

SECTION 12 – UNNECESSARY DISTURBANCE

The Owner of the vessel is responsible for the conduct and action of his/her crew and guests and any unnecessary noise. Violation of this rule shall be cause for removal of the vessel from the Marina and cancellation of the berth assigned by the Marina Manager Harbormaster.

Any Person (other than an Owner) who breaches these Rules may be ordered out of and banned from theMarina.

 

SECTION 13 – VESSEL TRAFFIC WITHIN THEMARINA

A. All vessels approaching or within theMarinamust be operated in a safe and prudent manner and in no event shall the entrance to the Marinabe blocked by boating activities.

 B. The speed of any vessel within the Marinashall not exceed five (5) miles per hour, no wake, and minimum speed to allow for steerage.  except under emergency conditions.

C. No vessel shall be operated in theMarinaexcept for the purpose of entering or leaving a berth and necessary maneuvering in connection therewith.

 

SECTION 14- SWIMMING INMARINAPROHIBITED

No person may swim, bathe, or wade in any portion of theMarina; with the exception of entering the water to clean or maintain the bottom of a vessel. Parents or guardians shall ensure that children (i.e. under the age of 18 years) are adequately supervised.

 

SECTION 15 – LIVING ABOARD VESSELS

No person may live aboard any vessel berthed in theMarina. This prohibition against living aboard a vessel shall not prevent the use of vessels in theMarinafor eating and sleeping purposes for a period not to exceed seventy-two (72) hours in any seven (7) day period provided, however,  that the Owner or operator of the vessel so notify the Marina Manager. three days in any one week period or a total of seven days in any one month period. Such use shall be subject to the requirements and limitations of Section 16, following.

 

SECTION 16 – SEWAGE AND SANITARY FACILITIES

A. It is unlawful for any person to discharge sewage in the waters of the Marina.

B. No person shall operate or berth in theMarinaany vessel equipped with a toilet unless such toilet is sealed or otherwise rendered inoperable or designed so that no human excreta can be discharged into the water of the Marina.

 

SECTION 17 – MINORS IN MARINA

No person under the age of sixteen (16) years may go, remain, or be upon any of the gangway, floats or vessels in theMarina, unless such person is accompanied by an adult.

 

SECTION 18 – FISHING IN THEMARINAPROHIBITED

A. Fishing and crabbing, and the cleaning of fish on gangplanks, boats and floats is strictly prohibited within the Marina.

B. All fish caught outside theMarinamust be disposed of within twenty-four (24) hours from the time of catching. No person shall throw fish overboard at the dock or from a vessel within the Marina.

 

SECTION 19 – CHARTER VESSELS

All Charter Vessels must obtain a permit from the Marina ManagerHarbormaster prior to the use of anyMarina facilities for the purpose of boarding or discharging passengers. Upon obtaining the permit, such vessels must use the area designated by the Marina Manager Harbormaster, must schedule their activities with the Marina Office, and pay fees established by the Recreation and Park Commission.

No commercial activity shall take place at theMarina, including aboard any Vessel, unless the Harbormaster has first granted its permission in writing. In granting permission the Harbormaster shall be entitled to impose such additional rules or commercial terms as it may, at its sole discretion, deem appropriate.

 

SECTION 20 – SOLICITATION, ADVERTISING AND SIGNS

A. Solicitation of patronage in the Marinawithout a permit is prohibited.

B. No person shall row, propel, navigate or maintain any vessel or float in theMarinafor the purpose of advertising, without first having received a permit for such purposes from the Recreation and Park Department.

C. No signs of any kind of description shall be posted anywhere in theMarinawithout receiving prior written approval from the Marina ManagerHarbormaster.

 

SECTION 21 – MAINTENANCE AND CARE IN BERTHING, ANCHORING OR MOORING VESSELS

A. All vessels shall be berthed and secured with proper care and equipment, and such berthing or equipment shall be maintained at all times in seaworthy condition as so determined by the Marina ManagerHarbormaster.

Owner will ensure that his Vessel is secured in a seamanlike manner, with adequate lines and fenders to withstand all foreseeable weather and tidal conditions and the proximity of other vessels, and with separate lines for each function (e.g. bow, stern, springs and breast lines).

Owner will ensure that whilst in the Marina his Vessel is controlled by an adequately trained and competent person(s) in a seamanlike manner, observing the speed limits, keeping wash to a minimum, and ensuring that no damage, inconvenience, or risk is caused to other Persons and Vessels, to nearby property, or to the Marina. 

All boats will be maintained at levels dictated by USCG and State ofCaliforniastandards. Vessel examinations for compliance may be executed at the discretion of the Marina Management. All vessels will be maintained in such a manner that they operate under their own power, and can be removed quickly from the slip in the case of Fire or other emergency. Ensure that his Vessel complies with all statutory requirements (e.g. registration with the port authority and the coastguard, the display of registration numbers, crew qualifications)

B. In the event that vessels are not maintained or secured properly, the Marina Manager Harbormaster may supply lines and fittings, or may care for the vessel in such a manner as to prevent damage to the vessel, docks or floats. A charge for this service and for any lines, fittings and materials shall be made, and payment shall be made in accordance with the fee schedule. Any lines, fittings and materials used and supplied by the Marina Manager Harbormaster to protect vessels are not returnable.

C. No person shall bring into or berth within theMarinaany vessel of any kind whatsoever which is so unseaworthy or in such badly deteriorated condition that it may cause damage to docks, floats or other vessels of which may become a menace to navigation, except in  cases of extreme emergency in which case the owner will be liable for any damage  caused by such vessel.  The Marina Manager shall be the sole judge as to the seaworthiness of the vessel, for the purposes of this section.

D. In the event a vessel or other craft is wrecked or sunk within theMarina, it shall be the Owner’s responsibility to mark its position and provide for the raising and disposition of such vessel or craft and assume all liability for damage toMarinaproperty or other vessels in the Marina.

E. Small tenders, dinghies and row boats must be stored on the vessel. Only one vessel of any kind is allowed in any berth. are permitted to be moored, if kept by and for the use of the Berthholder and berthed within the limits of the berth assigned.

 

SECTION 22 – COMPLIANCE WITH FEDERAL, STATE AND LOCAL RULES AND REGULATIONS

All persons using theMarinashall comply with all of the Rules and Regulations adopted by the United States of America, State ofCalifornia, and local agencies with regards to water safety requirements, operation and maintenance of boats. The Marina Manager Harbormaster is authorized to enforce all said Rules and Regulations and to deny use of the facilities at saidMarinafor violation of said Rules and Regulations.

 

SECTION 23 – VIOLATION OF RULES AND REGULATIONS

A. An applicant for a berth assignment agrees by his signature on the application form, to comply with these Rules and Regulations.

B. The Marina ManagerHarbormaster shall have the right to deny the use of the Marina and to cancel the berth assignment and require removal of any owner, who in the opinion of the Marina Manager Harbormaster, fails to comply with the Rules and Regulations of the San Francisco Marina Small Craft Harbor.

B. In the event of any breach of the Marina Rules by an Owner, the Harbormaster shall have the right to terminate his Berthing Contract in accordance with the following procedure:

     a) If the Harbormaster considers that the breach is serious then the Harbormaster may terminate without prior notice.

     b) Otherwise the Harbormaster will first serve a warning notice on the Owner, specifying the breach and requiring him to remedy it within 7 days. If the Owner fails to remedy the breach within 7 days, or if the breach is incapable of remedy, then the Harbormaster may at any time thereafter serve a termination notice having immediate effect, and may also require the Owner to remove his Vessel from theMarinawithin 7 days, or within such longer period as it may specify. 

C. If an Owner fails to remove his Vessel from theMarinaafter being served with notice of termination (whatever the reason for the termination) then the Harbormaster may:

     c) Continue to charge him at the published daily/visitor rate for keeping his Vessel at theMarina; and/or

     d) Remove his Vessel and charge him for this move and for any subsequent storage or other costs necessarily incurred; and/or

     e)  Serve him 3 months notice of its intention to dispose of the Vessel at auction. 

D. Disposal shall be in accordance with the following procedure:

     f) If an Owner has failed to respond to the disposal notice by paying all the amounts he owes to the Marina and (if applicable) by removing his Vessel from the Marina, then the Harbormaster may sell the Vessel at public auction at any time following the expiry of the said 3-month notice period.

     g) Within one month of serving a disposal notice the Harbormaster shall advertise its intention to dispose of the Vessel at auction in two regional or national daily newspapers and shall fix a copy of the notice to the superstructure of the Vessel.

     h) The Harbormaster shall be entitled to deduct from the proceeds of the auction any outstanding debt and any costs, including reasonable management costs, it has necessarily incurred. 

E. In the case of force majeure the Harbormaster shall have the right to terminate a Berthing License or other services contract by serving the Owner with such notice as is reasonable in the circumstances.  Force majeure will apply if at any time the Marina is so badly damaged or affected by something beyond the Marina’s reasonable control that the Marina can no longer provide the Berthing or other services for a Vessel in accordance with its contractual obligations. 

 

SECTION 24 – REGISTRATION AND NUMBERING: FURNISHING INFORMATION TO THE MARINA MANAGER Harbormaster

A. Every undocumented vessel entering theMarinamust be registered and numbered as provided by the laws of the State of California, or the State in which it is registered. .

B. The owners of vessels entering theMarinashall furnish all information relating to the vessel and the ownership thereof as may reasonably be required by the Marina ManagerHarbormaster.

 

SECTION 25 – ACCIDENT REPORTS

A duplicate copy of any report of any accident occurring in theMarinashall immediately be filed with the Marina ManagerHarbormaster.

 

SECTION 26 – CONTINUOUS USAGE

All berthholders shall use their vessels on a regular basis and with sufficient notice may be required to demonstrate to the satisfaction of the Marina ManagerHarbormaster that the vessel is capable of navigating under its own power.

 

SECTION 27 – GENERAL RULES AND OBLIGATIONS OF THE OWNER

A.   All pets must be leashed at all times.

B.   Owner acknowledges that the address for the Owner shown in the Berthing License will be the point of contact for all official communications. Notices of violation, requests etc. will be sent to this address by certified mail. It is the responsibility of the Owner to make sure this is kept up to date.

C.  It is the responsibility of the Owner to secure and maintain insurance for his boat covering hull replacement and liability.Hullvalue will be based on the NADA or similar for the Marine Industry. The amount of liability coverage will be a minimum of $300,000.00, including Fuel Spill Liability. TheMarinawill be named as additionally insured, insuring that theMarinawill be notified in the event the insurance is cancelled after execution of the contract. The Harbormaster may request proof of insurance at any time. Any vessel found not to have proof of valid insurance coverage will be given 72 hours to provide proof of compliance, after which, his Berthing License will be permanently revoked.

D.  Owner will ensure that water hosepipes are fitted with spring-loaded nozzles so that the water supply shuts off when the hose is unattended.

E.    Minimize the risk of fire aboard his Vessel.

     a) Not do any Hot Work unless the Harbormaster has first granted its permission;

     b) Store fuel, pyrotechnics, and other flammable materials in a safe manner;

     c) Ensure that gas supplies are turned off when not in use;

     d) Maintain adequate fire fighting equipment aboard;

     e) Refuel only at theMarina’s designated fuelling place.

F.    Minimize the risk of pollution of the watercourse from his Vessel

     f) Not discharge any garbage, toilet effluent, dirty bilge water, or other pollutant;

     g) Ensure that his bilge contains a bilge oil absorber;

     h) Not operate bilge pumps unless they are fitted with oil-absorbing filters;

     i) Store all fuel, paint, chemicals and other potential pollutants in a safe manner;

     j) Use only bio-degradable cleaning materials;

     k) Dispose of garbage in the designated places, or remove it from theMarina;

     l) Refuel only at the designated fuelling place;

     m) Discharge holding tanks only at the designated place.

G.   Owner, upon acceptance of a berth, agrees that the Berth and all other relevant parts of the Marina are adequate for his Vessel.

 

SECTION 28 – GENERAL INDEMNITY

A.    All Persons enter and use theMarinaat their own risk and in doing so acknowledge and accept these Rules. 

B.    Except in the case of its criminal or excessive negligence or breach of duty under these Marina Rules the Marina shall not be liable for any death, injury, theft, loss or damage, including to vehicles or Vessels, arising from a Person’s use of theMarina.

C.    All Persons shall abide by the Company’s Health & Safety Policy. Copies available in Harbor Master’s office during normal operating hours.

D.    TheMarinashall not be under any general duty to provide a safety, weather, or security watch for the benefit of any Person or Vessel and any liability or responsibility for these is expressly excluded. In the event of Emergency,Marinapersonnel may, however, perform services at Owner’s expense, at rates which exceed normal hourly rates.

E.   All contractors and other service providers shall report to theMarinaoffice upon entering theMarinaand again before leaving. They are required to hold a Marina issued work permit and to maintain public liability insurance with a reputable insurer for a sum of not less than $500,000.00 and shall produce evidence of such cover to the Harbormaster, and must also either have evidence of Workman’s Comp coverage, or in the case of individuals, execute a Waiver of Workmen’s Compensation with the Marina. Subcontractors are only allowed onMarinaproperty during normal business hours.

F.    Hot Work is strictly prohibited unless the Marinahas first granted its specific permission on each occasion in writing. Grills and other cooking equipment may not be used on dock surfaces.

G.    All visitors, crew and guests of an Owner shall report to theMarinaoffice on arrival.

     • Owner acknowledges responsibility for actions of his guests, family, crew and contractors.

     • Owner agrees to a Waiver of Subrogation

     •  Owner agrees to waive the Limit of Liability Act of 1855. Owner also agrees to a Waiver of simple negligence on the part ofMarinapersonnel and Management.

 

SECTION 29- VEHICLES and RESTROOMS

A. All vehicles at theMarinashall be parked in accordance with the Harbormaster’s instructions.

B. Parking space is limited and theMarinadoes not guarantee that space will be available at all times.

C. No trailer, caravan or commercial vehicle may be parked at theMarinawithout the Harbormaster’s prior permission in writing.

D. If a vehicle is to be left unattended for more than 24 hours then the driver shall deposit its keys with theMarina. TheMarinashall be responsible for the keys but not for the Vehicle.

E. The Marina reserves the right to enter a vehicle (by force if necessary), and/or move it by lifting or towing, if it is parked in breach of the above, or if its alarm continues to sound for longer than 30 minutes. The driver of the vehicle shall reimburse theMarinaany costs incurred.

F. Restrooms and facilities at theMarinaare for the use of Owners and the general public.

 

RESOLUTION NO. 16172

RESOLVED, that this Commission does hereby approve the revised Rules and Regulations for the San Francisco Marina Small Craft Harbor; and FURTHER RESOLVED, that the General Manager or his designate is hereby authorized to terminate the lease or permit for any berth in theMarinaif there is any default or violation of said Rules and Regulations, following the service of official notice to the Berthholder involved.