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California Harbors And Navigation Code
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- California Harbors And Navigation Code Section 1
This act shall be known as the Harbors and Navigation Code.
- California Harbors And Navigation Code Section 2
The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall...
- California Harbors And Navigation Code Section 3
All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are...
- California Harbors And Navigation Code Section 4
Any action or proceeding commenced before this code takes effect, and any right accrued, is not affected by this code, but all procedure taken shall...
- California Harbors And Navigation Code Section 5
Unless the provision or the context otherwise requires, these definitions, rules of construction and general provisions shall govern the construction of this code.
- California Harbors And Navigation Code Section 6
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
- California Harbors And Navigation Code Section 7
Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be...
- California Harbors And Navigation Code Section 8
Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized...
- California Harbors And Navigation Code Section 9
Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and...
- California Harbors And Navigation Code Section 10
"Section" means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term...
- California Harbors And Navigation Code Section 11
The present tense includes the past and future tenses; and the future, the present.
- California Harbors And Navigation Code Section 12
The masculine gender includes the feminine and neuter.
- California Harbors And Navigation Code Section 13
The singular number includes the plural, and the plural the singular.
- California Harbors And Navigation Code Section 14
"County" includes city and county.
- California Harbors And Navigation Code Section 15
"City" includes city and county.
- California Harbors And Navigation Code Section 16
"Shall" is mandatory and "may" is permissive.
- California Harbors And Navigation Code Section 17
"Oath" includes affirmation.
- California Harbors And Navigation Code Section 18
"Signature" or "subscription" includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a...
- California Harbors And Navigation Code Section 19
"Person" means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.
- California Harbors And Navigation Code Section 20
"State" means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of...
- California Harbors And Navigation Code Section 21
"Vessel" includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for...
- California Harbors And Navigation Code Section 22
"Steam vessel" means any vessel which is propelled by machinery.
- California Harbors And Navigation Code Section 23
"Wharf" includes pier, quay, or landing.
- California Harbors And Navigation Code Section 24
"Goods" includes wares or merchandise.
- California Harbors And Navigation Code Section 25
If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the...
- California Harbors And Navigation Code Section 30
Unless the context otherwise requires, the general provisions and definitions in this chapter govern the construction of this division.
- California Harbors And Navigation Code Section 31
"Commission" means the Boating and Waterways Commission.
- California Harbors And Navigation Code Section 32
"Department" means the Department of Boating and Waterways.
- California Harbors And Navigation Code Section 33
"Director" means the Director of Boating and Waterways.
- California Harbors And Navigation Code Section 34
"Harbor" means a portion of the ocean or inland waters within the jurisdiction of this state either naturally or artificially protected so as to be...
- California Harbors And Navigation Code Section 35
"Channel" means any waterway now navigable in fact by vessels or artificially improved or created so as to be navigable by vessels, including the structures...
- California Harbors And Navigation Code Section 36
"Navigable waters" means waters which come under the jurisdiction of the United States Corps of Engineers and any other waters within the state with the...
- California Harbors And Navigation Code Section 38
The adoption, repeal, amendment, or modification of any rules and regulations pursuant to this division shall be made in accordance with Chapter 3.5 (commencing with...
- California Harbors And Navigation Code Section 39
Any construction or development authorized by this division that also constitutes a project within the definition of Section 10105 of the Public Contract Code, when...
- California Harbors And Navigation Code Section 40
Facilities in harbors and connecting waterways established under the provisions of this division shall be open to all on equal and reasonable terms; provided that...
- California Harbors And Navigation Code Section 50
The Department of Harbors and Watercraft and its successor, the Department of Navigation and Ocean Development, are continued in existence in the Resources Agency as...
- California Harbors And Navigation Code Section 50.1
Whenever the term "Division of Small Craft Harbors" or the term "Small Craft Harbors Commission" is used in any provision of law, it shall be...
- California Harbors And Navigation Code Section 50.2
The department shall be administered by an executive officer known as the Director of Boating and Waterways. The director shall be appointed by and hold...
- California Harbors And Navigation Code Section 50.4
The director, before entering upon his duties, shall execute and deliver to the state an official bond in the sum of twenty-five thousand dollars ($25,000)...
- California Harbors And Navigation Code Section 50.6
The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director...
- California Harbors And Navigation Code Section 50.8
The director, with the approval of the Governor, may arrange and classify the work of the department and consolidate, abolish, or create divisions thereof.
- California Harbors And Navigation Code Section 60
The Resources Agency shall represent the State of California and the Governor of California in relationships with the Chief of Engineers, United States Army, and...
- California Harbors And Navigation Code Section 60.2
The department may enter into agreements with the United States and with any county, city, district, or other political subdivision of this state in connection...
- California Harbors And Navigation Code Section 60.4
The department may enter into any contract of agreement with the United States Department of the Army or any other agency or instrumentality of the...
- California Harbors And Navigation Code Section 60.6
The department may enter into any contracts or agreements that may be necessary in carrying out the provisions of this division including agreements to hold...
- California Harbors And Navigation Code Section 60.8
The department may do any act or enter into any contract or agreement desirable in carrying out the purposes of this division.
- California Harbors And Navigation Code Section 61
The department may take such action as may be necessary to take advantage of any act of Congress heretofore or hereafter enacted which may be...
- California Harbors And Navigation Code Section 61.2
For the purposes of this division, the department may receive and accept for the state any gift, devise, grant or other conveyance of title to...
- California Harbors And Navigation Code Section 61.4
The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department...
- California Harbors And Navigation Code Section 61.6
The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration...
- California Harbors And Navigation Code Section 61.8
The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal,...
- California Harbors And Navigation Code Section 62
The department, with the approval of the Department of General Services, may transfer, sell or otherwise dispose of personal property under its jurisdiction, and may...
- California Harbors And Navigation Code Section 62.4
Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or...
- California Harbors And Navigation Code Section 62.6
The department, with the approval of the Department of General Services, may procure insurance on vessels owned or operated by the department against the usual...
- California Harbors And Navigation Code Section 62.8
For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform...
- California Harbors And Navigation Code Section 62.9
Upon request, the department shall make available to persons owning or operating small craft harbors, such information as is available to the commission concerning the...
- California Harbors And Navigation Code Section 63.2
The department may sell copies of all or any part of its records at a charge sufficient to pay at least the entire actual cost...
- California Harbors And Navigation Code Section 63.4
The director may recommend to the Legislature such action as may be necessary to provide the finances required of local agencies as a condition for...
- California Harbors And Navigation Code Section 63.6
(a) (1) On or before January 15 of each odd-numbered year, the director shall make a report to the commission, the Legislature, and the Governor...
- California Harbors And Navigation Code Section 63.9
In addition to other powers specified in this division and in Division 3 (commencing with Section 399), the department may do any of the following:...
- California Harbors And Navigation Code Section 64
(a) The Legislature hereby finds and declares that the growth of water hyacinth and Egeria densa in the Sacramento-San Joaquin Delta, its tributaries, and the...
- California Harbors And Navigation Code Section 64.7
(a) Each marina that is developed or improved with funds loaned by the department pursuant to Article 3 (commencing with Section 70) or Article 5...
- California Harbors And Navigation Code Section 65
The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are available...
- California Harbors And Navigation Code Section 65.1
To the extent that funds are available therefor, the department shall cooperate with all agencies of government, federal, state, and local, for the purposes of...
- California Harbors And Navigation Code Section 65.2
The department shall prepare plans for and construct such works as its studies and investigations indicate to be necessary for beach erosion control and stabilization...
- California Harbors And Navigation Code Section 65.3
When state funds are made available on a matching basis to be expended in connection with any federal project for beach erosion control or stabilization...
- California Harbors And Navigation Code Section 65.4
Any plans for construction of beach erosion control works which may in any way affect recreational beaches under the ownership or control of the Department...
- California Harbors And Navigation Code Section 65.5
Whenever a beach erosion control project has been authorized by Congress for federal financial participation in accordance with Public Law 727, 79th Congress, 2nd Session,...
- California Harbors And Navigation Code Section 65.6
Notwithstanding the provisions of Section 65.5, appropriations may be made by the state, from time to time by law, to pay for the costs of...
- California Harbors And Navigation Code Section 65.7
Small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers pursuant to Section 103 of the...
- California Harbors And Navigation Code Section 65.9
Whenever beach erosion control works are included in a small boat harbor development project, the report of the department required by Section 65.8 shall be...
- California Harbors And Navigation Code Section 66
The department, with the approval of the Director of Finance, and on terms satisfactory to the department may advance moneys appropriated for this purpose in...
- California Harbors And Navigation Code Section 66.1
Where the department is the construction agency, the city, county or other public agency acting in cooperation with the department in the construction of any...
- California Harbors And Navigation Code Section 67
The San Diego County Beach Erosion Control Project (Imperial Beach) is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan...
- California Harbors And Navigation Code Section 67.1
The San Diego (Sunset Cliffs), California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan...
- California Harbors And Navigation Code Section 67.2
The Orange County, California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth...
- California Harbors And Navigation Code Section 67.3
The Los Angeles County (Redondo Beach to Malaga Cove) Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance...
- California Harbors And Navigation Code Section 67.4
The department shall conduct the repair and restoration of the beach and shoreline located adjacent to the Pacific Ocean and in the City of Oceanside...
- California Harbors And Navigation Code Section 68
The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreational boating...
- California Harbors And Navigation Code Section 68.2
In conformance with the California Recreational Trails Act, the Legislature hereby finds and declares that there is a statewide and continuing interest in the public's...
- California Harbors And Navigation Code Section 69.5
This chapter shall be known, and may be cited, as the California Public Beach Restoration Act.
- California Harbors And Navigation Code Section 69.6
(a) The California Public Beach Restoration Program is hereby established, to be administered by the department for all of the following purposes: (1) The restoration,...
- California Harbors And Navigation Code Section 69.9
(a) The Public Beach Restoration Fund is hereby created in the State Treasury. The moneys in the fund shall be available for expenditure by the...
- California Harbors And Navigation Code Section 70
The department may prepare plans for, and acquire, construct, develop and improve, small craft harbors, facilities in connection therewith, and connecting waterways. Any small craft...
- California Harbors And Navigation Code Section 70.2
The department may prepare or contract for the preparation of plans for, acquire or contract for the acquisition of, construct or contract for the construction...
- California Harbors And Navigation Code Section 70.3
"Harbor of safe refuge" means a port, harbor, inlet, or other body of water normally sheltered from heavy seas by land and in which a...
- California Harbors And Navigation Code Section 70.4
No city, county, or district that has received, or is receiving, money under this division for the construction or improvement of a small craft harbor...
- California Harbors And Navigation Code Section 70.5
(a) The following are harbors of safe refuge: (1) Bodega Bay Harbor. (2) Channel Islands Harbor. (3) Crescent City Harbor. (4) Dana Point Harbor. (5)...
- California Harbors And Navigation Code Section 70.6
If the department acquires, constructs, develops, or improves a small craft harbor pursuant to Section 70 but receives no request for transfer of its operation...
- California Harbors And Navigation Code Section 70.8
The department may contract with any federal agency, any state agency, or a city, county, or district, in the planning, construction, development and improvement of...
- California Harbors And Navigation Code Section 71
The department may provide for the granting of concessions within the boundaries of harbors under the jurisdiction of the department in order to furnish the...
- California Harbors And Navigation Code Section 71.2
The department shall protect small craft harbors under its jurisdiction from damage and preserve the peace therein. The director and the employees of the department...
- California Harbors And Navigation Code Section 71.4
(a) The department, subject to the approval of the Legislature in accordance with Section 85.2, may make loans to cities, counties, or districts having power...
- California Harbors And Navigation Code Section 71.5
(a) The department shall encourage cities, counties, and districts that propose to apply for initial loan funding for new small craft harbor development projects pursuant...
- California Harbors And Navigation Code Section 71.6
A transfer pursuant to Section 70 or a loan pursuant to Section 71.4 shall not be made to a city, county, or district if it...
- California Harbors And Navigation Code Section 71.7
Notwithstanding any other provision of this chapter, Section 82, or any contract or agreement to the contrary, loan payments on the loan on behalf of...
- California Harbors And Navigation Code Section 71.8
(a) Any contract or agreement for a transfer pursuant to Section 70 or a loan pursuant to Section 71.4, for which gross revenues of a...
- California Harbors And Navigation Code Section 71.9
A city, county, or district may use any excess revenues from rates enacted pursuant to Section 71.4 or from other fees, rates, rents, or charges...
- California Harbors And Navigation Code Section 72
If the legislative body of a city, county, or district has acquired, constructed or improved small craft harbor facilities pursuant to an agreement or contract...
- California Harbors And Navigation Code Section 72.2
Notwithstanding other provisions of this chapter if the legislative body of a city, county, or district has acquired, constructed or improved small craft harbor facilities...
- California Harbors And Navigation Code Section 72.4
An agreement or contract for a transfer pursuant to former Section 5823 of the Public Resources Code or a loan pursuant to former Section 5827...
- California Harbors And Navigation Code Section 72.5
The department, subject to the approval of the Legislature in accordance with Section 85.2, may grant funds to a county, city, district, or other public...
- California Harbors And Navigation Code Section 72.6
Transfers pursuant to Section 70, loans pursuant to Section 71.4, and grants pursuant to Section 72.5 shall be made by the department with the advice...
- California Harbors And Navigation Code Section 72.7
(a) The department may grant funds to any public agency for the construction or procurement of floating restrooms and ancillary items. (b) The department may...
- California Harbors And Navigation Code Section 72.75
(a) The department may grant funds to any public agency for the construction or procurement of vessel pumpout or dump stations and ancillary items. (b)...
- California Harbors And Navigation Code Section 72.8
The department, subject to a line item appropriation by the Legislature for each proposed project, may grant funds to a county, city, district, or federal...
- California Harbors And Navigation Code Section 72.9
The department, subject to a line item appropriation by the Legislature for each proposed project, may acquire property to provide for waterway public access facilities...
- California Harbors And Navigation Code Section 75
The department has such powers and duties relating to vessels and vessel operators as are imposed upon the department by Chapter 5 (commencing with Section...
- California Harbors And Navigation Code Section 76
It is the intent of the Legislature that Harbors and Watercraft Revolving Fund moneys be used to implement the intent of Section 71.5 by providing...
- California Harbors And Navigation Code Section 76.1
"Private marina owner" means a profit-oriented business enterprise which owns and operates, or intends to develop and operate, a small boat recreational facility providing boat...
- California Harbors And Navigation Code Section 76.2
"Recreational marina" means a marina owned by a private marina owner which is used by the public primarily for recreational purposes.
- California Harbors And Navigation Code Section 76.3
(a) The department may make loans to private marina owners for construction costs, not including planning, design, and other similar expenses, to develop a recreational...
- California Harbors And Navigation Code Section 76.4
(a) An application for a loan under Section 76.3 shall be filed with the department and shall: (1) Include a feasibility study containing sufficient information...
- California Harbors And Navigation Code Section 76.5
In processing applications under this article, the department shall give priority to applications from private marina owners who have not received previous loans from the...
- California Harbors And Navigation Code Section 76.6
Loans made under this article shall include, but are not limited to, the following terms and conditions: (a) The annual rate of interest charged by...
- California Harbors And Navigation Code Section 76.7
(a) All loans made by the department to private marina owners shall be funded from the Harbors and Watercraft Revolving Fund. (b) All loans, including...
- California Harbors And Navigation Code Section 76.8
The department shall adopt regulations to implement or make this article more specific, including standards for the approval of loans, which shall include, but not...
- California Harbors And Navigation Code Section 77
(a) The department, subject to the approval of the Director of Finance, may borrow funds from the Harbors and Watercraft Revolving Fund when a borrower...
- California Harbors And Navigation Code Section 77.1
The department, upon whatever terms and conditions it deems proper, may sell or otherwise dispose of property serving as collateral for a defaulted loan made...
- California Harbors And Navigation Code Section 80
The Harbors and Watercraft Commission and its successor, the Navigation and Ocean Development Commission, are, continued in existence in the Department of Boating and Waterways...
- California Harbors And Navigation Code Section 80.2
The commission shall be composed of seven members appointed by the Governor, with the advice and consent of the Senate. The members shall have experience...
- California Harbors And Navigation Code Section 80.6
Members of the commission may receive a salary for their services in an amount of one hundred dollars ($100) for each day, up to a...
- California Harbors And Navigation Code Section 80.8
The members of the commission may be removed from office by the Governor for inefficiency, neglect of duty, misuse of office, or misfeasance in office,...
- California Harbors And Navigation Code Section 81
The commission shall, immediately after the effective date of this section, organize and elect from its members a chairman and a vice chairman who shall...
- California Harbors And Navigation Code Section 81.2
The commission shall adopt a seal.
- California Harbors And Navigation Code Section 81.4
No action shall be taken by the commission by less than a majority of its members.
- California Harbors And Navigation Code Section 81.6
The Department of General Services shall furnish suitable offices and equipment for the use of the commission.
- California Harbors And Navigation Code Section 81.8
The director shall act as the secretary of the commission.
- California Harbors And Navigation Code Section 82
The commission, in furtherance of the public interest and in accordance therewith, shall advise the department with respect to all matters within the jurisdiction of...
- California Harbors And Navigation Code Section 82.2
The commission shall cause studies and surveys to be made of the need for small craft harbors and connecting waterways throughout the state and the...
- California Harbors And Navigation Code Section 82.4
All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission.
- California Harbors And Navigation Code Section 82.6
All records of the commission shall be open to inspection by the public during regular office hours.
- California Harbors And Navigation Code Section 85
All moneys received by the department, including any moneys received by the department from the purchase or condemnation by any other person or agency of...
- California Harbors And Navigation Code Section 85.2
(a) All money in the Harbors and Watercraft Revolving Fund shall be available, upon appropriation by the Legislature, for expenditure by the department for boating...
- California Harbors And Navigation Code Section 86
(a) The local public agency shall certify to the department that for any small craft harbor or boating facility project which is, or has been,...
- California Harbors And Navigation Code Section 87
The department shall give consideration for funding the planning, construction, development, or improvement of small craft harbors to projects which are financially feasible and which...
- California Harbors And Navigation Code Section 88
A small craft harbor or boating facility funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 is not liable for any damages which...
- California Harbors And Navigation Code Section 90
The provisions of this Division, in so far as they are not in conflict with the admiralty and maritime jursidiction and laws of the United...
- California Harbors And Navigation Code Section 100
Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of...
- California Harbors And Navigation Code Section 101
The following streams and waters are declared navigable and are public ways: Albion River, to a point three miles from its mouth. Alviso Slough, sometimes...
- California Harbors And Navigation Code Section 102
The following streams and waters are also navigable and are public ways: Deer Creek, between its mouth and the house of Peter Lassen. Devil's Slough,...
- California Harbors And Navigation Code Section 103
The following streams and waters are also navigable and are public ways: Johnson's Creek, from its mouth at San Francisco Bay to Simpson's Landing. Keys...
- California Harbors And Navigation Code Section 104
The following streams and waters are also navigable and are public ways: Napa River, between its mouth and a point sixty feet below the westerly...
- California Harbors And Navigation Code Section 105
The following streams and waters are also navigable and are public ways: Sacramento River, between its mouth and a point 100 feet below Reid's Ferry,...
- California Harbors And Navigation Code Section 106
The following streams and waters are also navigable and are public ways: The north branch of Alameda Creek, from its mouth to Eden Landing. The...
- California Harbors And Navigation Code Section 107
The coast line of the State of California from the boundary line between it and Mexico on the south, to the boundary line between it...
- California Harbors And Navigation Code Section 110
As used in this chapter: (a) "Slow-leaching TBT-based marine antifouling paint" means a TBT-based marine antifouling paint, but not a coating, treatment, or compound, that...
- California Harbors And Navigation Code Section 111
Except as otherwise provided in this chapter, no person shall sell or use a TBT-based marine antifouling paint or coating in this state, and no...
- California Harbors And Navigation Code Section 112
Nothing in this chapter requires the removal of any TBT-based marine antifouling paint or coating from any vessel, fishing gear, or other item that was...
- California Harbors And Navigation Code Section 113
Slow-leaching TBT-based marine antifouling paint may be distributed, sold, and used in this state only if it meets one of the following criteria: (a) It...
- California Harbors And Navigation Code Section 114
Any violation of Section 111 or 112 is a misdemeanor.
- California Harbors And Navigation Code Section 115
This chapter shall become inoperative on the effective date of regulations adopted by the Department of Food and Agriculture which regulate TBT-based marine antifouling paints...
- California Harbors And Navigation Code Section 130
Every person who cuts or causes to be cut down any tree, so that it falls into any navigable waters, and who does not remove...
- California Harbors And Navigation Code Section 131
Every person who unlawfully obstructs the navigation of any navigable waters, is guilty of a misdemeanor.
- California Harbors And Navigation Code Section 132
Every person who, within the anchorage of any port, harbor, or cove of this State, into which vessels may enter for the purpose of receiving...
- California Harbors And Navigation Code 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...
- California Harbors And Navigation Code Section 134
Every person who throws, deposits, or permits another in his employ to throw or deposit, any sawdust, slabs, or refuse lumber, in any place where...
- California Harbors And Navigation Code Section 135
(a) It is unlawful to cause or permit any petroleum, chemical, or other hazardous substance to be transferred between a vessel and a shore facility...
- California Harbors And Navigation Code Section 151
Except where permitted pursuant to the provisions of Chapter 4 (commencing with Section 13200) of Division 7 of the Water Code, any person that intentionally...
- California Harbors And Navigation Code Section 153
Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the...
- California Harbors And Navigation Code Section 240
The provisions of this Division, in so far as they are not in conflict with the admiralty and maritime jurisdiction and laws of the United...
- California Harbors And Navigation Code Section 250
When steam vessels meet each shall turn to the right, so as to pass without interference.
- California Harbors And Navigation Code Section 251
When a passenger is to be landed from a steam vessel by means of a small boat, he shall not be permitted to get into...
- California Harbors And Navigation Code Section 252
No line used for the purpose of landing or receiving passengers may be attached in any way to the machinery of any steam vessel nor...
- California Harbors And Navigation Code Section 253
During the landing and receiving of a passenger, and the going and returning of the small boat for the purpose, the engine shall be stopped,...
- California Harbors And Navigation Code Section 254
There shall be kept in every small boat a good and suitable pair of oars. In the night-time a signal, by means of a horn...
- California Harbors And Navigation Code Section 255
A steam vessel going in the same direction as a steam vessel ahead of it shall not approach or pass within the distance of ten...
- California Harbors And Navigation Code Section 256
When any steam vessel is running in the night-time the master shall cause to be shown two conspicuous lights, one exposed near the bow and...
- California Harbors And Navigation Code Section 257
Every person in charge of a steam vessel who violates any of the provisions of the preceding seven sections, incurs a penalty of two hundred...
- California Harbors And Navigation Code Section 258
The person in charge of any vessel at anchor in the night-time in any of the harbors or ports within the jurisdiction of this state,...
- California Harbors And Navigation Code Section 259
Neither the master nor the owner of any vesel can recover damages for injuries to the vessel or to himself resulting from a collision growing...
- California Harbors And Navigation Code Section 260
Every raft of timber floated on the Sacramento or San Joaquin rivers at night which fails to show two red lights, one at each end,...
- California Harbors And Navigation Code Section 261
Every steam vessel navigating any waters of this State and carrying passengers, shall be equipped with boats as follows: (a) If of five hundred tons...
- California Harbors And Navigation Code Section 262
Every master or owner, and each of them, of any vessel not provided with boats as required by this chapter, incurs a penalty of not...
- California Harbors And Navigation Code Section 263
Every person in charge of a steam vessel navigating any of the waters of this State which is used for the conveyance of passengers, and...
- California Harbors And Navigation Code Section 264
Every captain or other person having charge of any steam vessel used for the conveyance of passengers, or of its boilers and engines, who, from...
- California Harbors And Navigation Code Section 265
The owners of every steam vessel are responsible for the good conduct of the master or other person in charge employed by them, and they...
- California Harbors And Navigation Code Section 266
The penalties established by this chapter may be recovered by the district attorney of any county bordering on the water where the offense was committed...
- California Harbors And Navigation Code Section 268
(a) Counties or cities may adopt restrictions concerning the navigation and operation of vessels and water skis, aquaplanes, or similar devices subject to the provisions...
- California Harbors And Navigation Code Section 280
The provisions of this article in addition to the provisions of other parts of this code which relate to navigation shall be observed by vessels...
- California Harbors And Navigation Code Section 281
Whenever any vessel, whether a steam vessel or sailing vessel, proceeding in one direction, meets another vessel, whether a steam vessel or sailing vessel, proceeding...
- California Harbors And Navigation Code Section 282
Sailing vessels, having the wind fair, shall give way to those on a wind. When both are going by the wind, the vessel on the...
- California Harbors And Navigation Code Section 283
A steam vessel navigating a narrow channel shall, whenever it is safe and practicable, keep to that side of the fairway or mid-channel which lies...
- California Harbors And Navigation Code Section 284
When steam vessels will inevitably or necessarily cross so near that by continuing their respective courses, there would be a risk of collision, each shall...
- California Harbors And Navigation Code Section 285
The rules of this article do not apply to any case for which a different rule is provided by the regulations concerning lights upon steam...
- California Harbors And Navigation Code Section 290
If a collision is occasioned by failure to observe any rule of Article 1 of this chapter, the owner of the vessel by which the...
- California Harbors And Navigation Code Section 291
Damage to person or property arising from the failure of a vessel to observe any rule of Article 1 of this chapter, shall be deemed...
- California Harbors And Navigation Code Section 292
Losses caused by collision are to be borne as follows: (a) If either party was exclusively in fault he shall bear his own loss, and...
- California Harbors And Navigation Code Section 293
Where damage arises out of, or is caused directly and proximately by, the acts of an owner or operator, without the interposition of any external...
- California Harbors And Navigation Code Section 294
(a) Any person responsible for natural gas, oil, drilling waste, or exploration, as defined in paragraph (4) of subdivision (g), shall be absolutely liable without...
- California Harbors And Navigation Code Section 300
Every person who wilfully and maliciously cuts, breaks, injures, sinks, or sets adrift any vessel of less than ten gross tons, which is the property...
- California Harbors And Navigation Code Section 301
Every person who wilfully and maliciously cuts, breaks, or injures any vessel of ten gross tons and upwards, which is the property of another, is...
- California Harbors And Navigation Code Section 302
Every person who wilfully and maliciously sinks or sets adrift any vessel of ten gross tons and upwards, which is the property of another, is...
- California Harbors And Navigation Code Section 303
A person who willfully and maliciously burns, injures, or destroys any part of, or the whole of, a pile or raft of wood, plank, boards,...
- California Harbors And Navigation Code Section 304
Every person in command or charge of any vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys it or any of...
- California Harbors And Navigation Code Section 305
Every person, other than those embraced within the last section who is guilty of any act specified in that section, is punishable by imprisonment in...
- California Harbors And Navigation Code Section 306
Every person who prepares, makes, or subscribes any false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another,...
- California Harbors And Navigation Code Section 307
Every person who moors any vessel to, or hangs on with a vessel to, or who wilfully removes, damages, or destroys, any buoy or beacon,...
- California Harbors And Navigation Code Section 308
Every person who moors any vessel of any kind, to any buoy or beacon placed in the waters of California by authority of the United...
- California Harbors And Navigation Code Section 399
The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this...
- California Harbors And Navigation Code Section 400
"Appurtenances" include all things belonging to the owners, which are on board a vessel, and which are connected with its proper use and the objects...
- California Harbors And Navigation Code Section 401
Vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign...
- California Harbors And Navigation Code Section 402
A vessel in a port of the country in which it is registered is called a domestic vessel, in another port it is called a...
- California Harbors And Navigation Code Section 403
If a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any...
- California Harbors And Navigation Code Section 404
If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and
- California Harbors And Navigation Code Section 405
The registry, enrollment, and license of vessels are regulated by acts of Congress.
- California Harbors And Navigation Code Section 406
Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any...
- California Harbors And Navigation Code Section 410
As used in this article, the following definitions apply: (a) "Customer" means any person who requests a repairperson to do work on a vessel which...
- California Harbors And Navigation Code Section 411
This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more.
- California Harbors And Navigation Code Section 412
Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson...
- California Harbors And Navigation Code Section 413
No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the following...
- California Harbors And Navigation Code Section 414
Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price...
- California Harbors And Navigation Code Section 415
All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied....
- California Harbors And Navigation Code Section 416
The invoice shall show the repairperson's business name and address. If the repairperson's telephone number is on the invoice, it shall be the telephone number...
- California Harbors And Navigation Code Section 417
Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials
- California Harbors And Navigation Code Section 418
(a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for...
- California Harbors And Navigation Code Section 420
A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or
- California Harbors And Navigation Code Section 421
The liability of a common carrier by sea is further regulated by acts of Congress.
- California Harbors And Navigation Code Section 422
Perils of the sea are: (a) Storms and waves. (b) Rocks, shoals, and rapids. (c) Other obstacles, though of human origin. (d) Changes of climate....
- California Harbors And Navigation Code Section 423
A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation...
- California Harbors And Navigation Code Section 424
The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the...
- California Harbors And Navigation Code Section 425
A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or...
- California Harbors And Navigation Code Section 426
So far as possible, a jettison shall begin with the most bulky and least valuable articles.
- California Harbors And Navigation Code Section 427
A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity,...
- California Harbors And Navigation Code Section 428
The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and...
- California Harbors And Navigation Code Section 429
The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate...
- California Harbors And Navigation Code Section 430
In estimating values for the purpose of a general average, the vessel and appurtenances shall be valued as at the end of the voyage, the...
- California Harbors And Navigation Code Section 431
The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it...
- California Harbors And Navigation Code Section 432
The law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily...
- California Harbors And Navigation Code Section 440
Pilots holding valid licenses for San Pedro Bay and its approaches and tributaries, their associations, employers, and others providing piloting services in San Pedro Bay...
- California Harbors And Navigation Code Section 441
The rates and charges for pilotage services do not include insurance covering the vessel or its owners, agents, charterers, or operators from the consequences of...
- California Harbors And Navigation Code Section 442
Upon reasonable notice from the owners, agents, charterers, or operators, a pilot shall provide insurance covering the vessel, its owners, agents, charterers, or operators from...
- California Harbors And Navigation Code Section 443
The election of the owners, agents, charterers, or operators to use a pilot through whom trip insurance could have been obtained shall constitute a binding...
- California Harbors And Navigation Code Section 444
It shall be understood and agreed, and shall be the essence of an agreement under which services of the pilot are tendered to and are...
- California Harbors And Navigation Code Section 445
(a) The Marine Exchange of Los Angeles-Long Beach Harbor, Inc., hereafter referred to as the marine exchange, a corporation organized under the Non-Profit Mutual Benefit...
- California Harbors And Navigation Code Section 445.5
"Covered vessel," as used in this article, means any of the following: (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in...
- California Harbors And Navigation Code Section 446
Prior to entering the VTS area, every covered vessel shall report to the marine exchange the vessel's name, call sign, location, course, speed, destination, estimated...
- California Harbors And Navigation Code Section 446.5
The Ports of Los Angeles and Long Beach may impose fees upon all covered vessels within the VTS area to pay the cost of operating...
- California Harbors And Navigation Code Section 447
The following vessels, while transiting the VTS area, shall comply with the requirements of Section 447.5: (a) Every power-driven vessel of 20 meters or more...
- California Harbors And Navigation Code Section 447.5
While transiting the VTS area, every vessel described in Sections 445.5 and 447 shall do all of the following: (a) Maintain continuous radio monitoring or...
- California Harbors And Navigation Code Section 448
The vessel traffic service shall be advisory in nature. Nothing in this article relieves, or is intended to relieve, any vessel, its owners, agents, charterers,...
- California Harbors And Navigation Code Section 448.5
(a) It shall be understood and agreed, and shall be the essence of the marine exchange's operation of the vessel traffic service, that the marine...
- California Harbors And Navigation Code Section 449
(a) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange...
- California Harbors And Navigation Code Section 449.3
The marine exchange shall cooperate fully with the administrator appointed pursuant to Section 8670.4 of the Government Code in the development and implementation of the...
- California Harbors And Navigation Code Section 449.5
(a) Upon request by the administrator, the marine exchange shall submit a complete description and operational status report of the vessel traffic service. After a...
- California Harbors And Navigation Code Section 450
Bottomry is a contract by which a vessel or its freightage is hypothecated as security for a loan, which is to be repaid only if...
- California Harbors And Navigation Code Section 451
The owner of a vessel may hypothecate it or its freightage, upon bottomry, for any lawful purpose, and at any time and place.
- California Harbors And Navigation Code Section 452
The master of a vessel may hypothecate it upon bottomry only for the purpose of procuring repairs or supplies which are necessary for accomplishing the...
- California Harbors And Navigation Code Section 453
The master of a vessel can hypothecate it upon bottomry only when he can not otherwise relieve the necessities of the vessel, and is unable...
- California Harbors And Navigation Code Section 454
The master of a vessel may hypothecate freightage upon bottomry, under the same circumstances as those which authorize an hypothecation of the vessel by him.
- California Harbors And Navigation Code Section 455
Upon a contract of bottomry, the parties may lawfully stipulate for a rate of interest higher than that allowed by the law upon other contracts....
- California Harbors And Navigation Code Section 456
A lender upon a contract of bottomry, made by the master of a vessel, as such, may enforce the contract, though the circumstances necessary to...
- California Harbors And Navigation Code Section 457
A stipulation in a contract of bottomry, imposing any liability for the loan independent of the maritime risks, is void.
- California Harbors And Navigation Code Section 458
If there is a total loss of the thing hypothecated, from a risk to which the loan was subject, the lender upon bottomry can recover...
- California Harbors And Navigation Code Section 459
Unless it is otherwise expressly agreed, a bottomry loan becomes due immediately upon the termination of the risk, although a term of credit is specified...
- California Harbors And Navigation Code Section 460
A bottomry lien is independent of possession, and is lost by omission to enforce it within a reasonable time.
- California Harbors And Navigation Code Section 461
A bottomry lien, if created out of a real or apparent necessity, in good faith, is preferred to every other lien or claim upon the...
- California Harbors And Navigation Code Section 462
Of two or more bottomry liens on the same subject, the latter in date has preference, if created out of necessity.
- California Harbors And Navigation Code Section 470
Respondentia is a contract by which all or part of a cargo is hypothecated as security for a loan, the repayment of which is dependent...
- California Harbors And Navigation Code Section 471
The owner of cargo may hypothecate it upon respondentia, at any time and place, and for any purpose.
- California Harbors And Navigation Code Section 472
The master of a vessel may hypothecate its cargo upon respondentia only if all of the following conditions exist: (a) He would be authorized to...
- California Harbors And Navigation Code Section 473
The owner of a vessel is bound to repay to the owner of its cargo all which the latter is compelled to pay in order...
- California Harbors And Navigation Code Section 474
The provisions of sections 455 to 462 of this code apply equally to loans on respondentia.
- California Harbors And Navigation Code Section 490
Debts amounting to at least fifty dollars ($50), contracted for the benefit of vessels, are liens in the cases provided in Section 491. Actions for...
- California Harbors And Navigation Code Section 491
All vessels are liable for: (a) Services rendered on board at the request of, or under contract with, their respective owners, masters, agents, or consignees....
- California Harbors And Navigation Code Section 492
The master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily incurred...
- California Harbors And Navigation Code Section 493
The mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior...
- California Harbors And Navigation Code Section 494
The cost of repairing or replacing any buoy or beacon which is maintained by authority of the United States Bureau of Lighthouses which may be...
- California Harbors And Navigation Code Section 495
In any action brought pursuant to the provisions of this chapter, the complaint shall designate the vessel by name, and shall be verified by the...
- California Harbors And Navigation Code Section 495.1
Notwithstanding Section 483.010 of the Code of Civil Procedure, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have...
- California Harbors And Navigation Code Section 495.3
The writ shall be directed to the sheriff of the county within which the vessel lies, or the marshal of the court, and direct him...
- California Harbors And Navigation Code Section 495.4
The sheriff or marshal to whom the writ is directed and delivered shall execute it without delay, and shall attach and keep in his or...
- California Harbors And Navigation Code Section 495.5
The owner, or the master agent, or consignee of the vessel, may, on behalf of the owner, appear and answer or plead to the action...
- California Harbors And Navigation Code Section 495.6
After the attachment is levied, the owner, or the master, agent, or consignee of the vessel, may, in behalf of the owner, have the attachment...
- California Harbors And Navigation Code Section 495.7
After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms...
- California Harbors And Navigation Code Section 495.8
If the attachment is not discharged, and a judgment is recovered in the action in favor of the plaintiff, and an execution is issued thereon,...
- California Harbors And Navigation Code Section 495.9
Any mariner, boatman, or other person employed in the service of the vessel attached, who may wish to assert his or her claim for wages...
- California Harbors And Navigation Code Section 496
If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in Section 495.9, is not contested...
- California Harbors And Navigation Code Section 497
The notice of sale published by the sheriff or marshal must contain a statement of the measurement and tonnage of the vessel and a general...
- California Harbors And Navigation Code Section 500
This article shall be known and may be cited as the "Boaters Lien Law".
- California Harbors And Navigation Code Section 501
As used in this article: (a) "Department" means the Department of Motor Vehicles or any successor agency thereto which registers vehicles. (b) "Mail" means first-class...
- California Harbors And Navigation Code Section 501.3
The time a notice or statement is given or sent, unless otherwise expressly provided, means the time a written notice to a person is deposited...
- California Harbors And Navigation Code Section 501.5
The possessory vessel lien procedures described by the provisions of this article shall supersede any local ordinance and shall provide the exclusive means of enforcing...
- California Harbors And Navigation Code Section 502
(a) Except as provided in Article 1.5 (commencing with Section 410) of Chapter 1 of Division 3, every person has a lien dependent upon possession...
- California Harbors And Navigation Code Section 503
(a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to the provisions of this...
- California Harbors And Navigation Code Section 504
(a) For vessels with a value determined to be one thousand five hundred dollars ($1,500) or less, the department shall promptly furnish the lienholder with...
- California Harbors And Navigation Code Section 505
(a) A registered or legal owner of a vessel may release any interest in the vessel after the lien has arisen. The release shall be...
- California Harbors And Navigation Code Section 505.5
(a) Whenever the lien upon any vessel is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the...
- California Harbors And Navigation Code Section 506
No lien sale shall be undertaken pursuant to Section 503 or 504 unless the vessel has been available for inspection at a location easily accessible...
- California Harbors And Navigation Code Section 506.5
Within 10 days after the sale of any vessel pursuant to the provisions of Section 503 or 504, the legal or registered owner may redeem...
- California Harbors And Navigation Code Section 507
(a) Except as provided in subdivision (b), at the time a lienholder applies to the department to conduct a sale under Section 504, the lienholder...
- California Harbors And Navigation Code Section 507.5
The proceeds of a vessel lien sale shall be disposed of as follows: (a) The amount necessary to discharge the lien and the actual cost...
- California Harbors And Navigation Code Section 508
A lien provided for in this article for repairs, labor, supplies, or materials for, or for storage or safekeeping of, a vessel may be assigned...
- California Harbors And Navigation Code Section 508.5
All forms required pursuant to this article shall be prescribed by the department. Language used in the notices and declarations shall be simple and nontechnical.
- California Harbors And Navigation Code Section 509
No lien shall attach to any personal property in or on the vessel except that which is carried on the vessel for lifesaving, safety, mooring,...
- California Harbors And Navigation Code Section 510
The sheriff of each county shall give all possible aid and assistance to vessels stranded on its coast, and to the persons on board. He...
- California Harbors And Navigation Code Section 511
Wrecked property may be kept or reclaimed at the time of the wreck by the owner, consignee, or other person entitled to possession; but if...
- California Harbors And Navigation Code Section 512
The sheriff of any county in which any wrecked property is found, when no person entitled to possession appears, shall take possession of it in...
- California Harbors And Navigation Code Section 513
If wrecked property is in a perishable state, the sheriff shall apply to the judge of the superior court, upon a verified petition, for an...
- California Harbors And Navigation Code Section 514
If, within 90 days after wrecked property is found, any person claims the property, or its proceeds, and establishes his or her claim by evidence...
- California Harbors And Navigation Code Section 515
Before making the order, the judge shall require from the claimant a bond to the people to be approved by the judge and filed with...
- California Harbors And Navigation Code Section 516
If the bond becomes forfeited, the judge of the superior court, upon the application, supported by proof of the person entitled to its benefit shall...
- California Harbors And Navigation Code Section 517
The rejection by the judge of any claim shall not preclude the claimant from maintaining an action against the officer for the recovery of the...
- California Harbors And Navigation Code Section 518
If, within 60 days after saving wrecked property, no claimant of the property appears, or, if within 60 days after a claim, the salvage and...
- California Harbors And Navigation Code Section 519
Public notice of every sale of wrecked property under the provisions of this article shall be published by the officer making the sale for at...
- California Harbors And Navigation Code Section 520
Every sheriff into whose possession any wrecked property comes, shall forthwith cause to be published for at least two weeks in succession, in one or...
- California Harbors And Navigation Code Section 521
The expense of publishing notices under the provisions of this article is a charge upon the property or proceeds to which it relates.
- California Harbors And Navigation Code Section 522
(a) Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated...
- California Harbors And Navigation Code Section 523
(a) Any peace officer, as described in Section 663, any employee or officer of the State Lands Commission designated by the State Lands Commission, or...
- California Harbors And Navigation Code Section 524
(a) Any peace officer, as described in Section 663, may store any vessel removed from private property when the vessel is found on, or attached...
- California Harbors And Navigation Code Section 525
(a) Except for urgent and immediate concern for the safety of those aboard a vessel, no person shall abandon a vessel upon a public waterway...
- California Harbors And Navigation Code Section 525.5
(a) On or before January 1, 2005, the department shall submit recommendations to the Legislature on strategies to prevent recreational vessels from being abandoned and...
- California Harbors And Navigation Code Section 526
(a) Notwithstanding any other provision of law, any wrecked property that is an unseaworthy derelict or hulk, or abandoned property as described in Section 522,...
- California Harbors And Navigation Code Section 527
It is the intent of the Legislature that a sum of not more than one million dollars ($1,000,000) be appropriated from the Harbors and Watercraft...
- California Harbors And Navigation Code Section 530
Sheriffs and all persons employed by them or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage...
- California Harbors And Navigation Code Section 531
Every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed, shall present to the claimant...
- California Harbors And Navigation Code Section 532
If, in any case, the amount of salvage and expenses is not settled by agreement, on the application of the owner or consignee of the...
- California Harbors And Navigation Code Section 533
The fees and expenses of the contest shall be paid by the person upon whose application it was had, and are a charge on the...
- California Harbors And Navigation Code Section 534
Any person, other than the master, mate, or a seaman of a wrecked vessel, who rescues it, or its appurtenances or cargo from danger, is...
- California Harbors And Navigation Code Section 570
Any person who keeps any wrecked property, or its proceeds, after the salvage and expenses have been agreed to or adjusted, and the amount paid...
- California Harbors And Navigation Code Section 571
Any person who takes away any goods from any stranded vessel, or any goods cast by the sea upon the land, or found in any...
- California Harbors And Navigation Code Section 600
As used in this chapter: (a) "Watercraft" means any boat, ship, barge, craft or floating thing designed for navigation in the water; and (b) "Nonresident"...
- California Harbors And Navigation Code Section 605
Where the nonresident has died prior to the commencement of a suit, action or proceeding brought pursuant to this chapter service of process shall be...
- California Harbors And Navigation Code Section 606
Proof of compliance with Section 604 shall be made in the event of service by mail by affidavit of the plaintiff or libelant or by...
- California Harbors And Navigation Code Section 607
The court in which the suit, action or proceeding is pending may order such continuances as may be necessary to afford the defendant or respondent...
- California Harbors And Navigation Code Section 608
In the event of service of process pursuant to this chapter upon a nonresident outside this State, the person so served shall have 60 days...
- California Harbors And Navigation Code Section 609
Nothing in this chapter shall be construed as affecting other methods of service of process upon nonresidents as now provided by existing laws.
- California Harbors And Navigation Code Section 630
The operator of every privately or publicly owned marina or small craft harbor, or facilities in connection therewith, furnishing electrical power to slips or berths...
- California Harbors And Navigation Code Section 650
It is the policy of this state to promote safety for persons and property in and connected with the use and equipment of vessels and...
- California Harbors And Navigation Code Section 650.1
(a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction...
- California Harbors And Navigation Code Section 651
As used in this chapter, unless the context clearly requires a different meaning: (a) "Alcohol" means any form or derivative of ethyl alcohol (ethanol). (b)...
- California Harbors And Navigation Code Section 651.1
As used in this chapter, unless the context clearly requires a different meaning, "bather" or "bathing" means a person floating, swimming, wading, or bodysurfing, with...
- California Harbors And Navigation Code Section 651.5
The Department of Motor Vehicles shall provide every person who originally registers, or who acquires the ownership certificate of, a vessel required to be numbered...
- California Harbors And Navigation Code Section 652
(a) The department may issue regulations: (1) Establishing minimum safety standards for boats and associated equipment. (2) Requiring the installation, carrying, or using of associated...
- California Harbors And Navigation Code Section 652.5
(a) The use of a distinctive blue light as prescribed by the department is reserved for law enforcement vessels and may be displayed during the...
- California Harbors And Navigation Code Section 654
(a) (1) For the purposes of this section, a "muffler" or "muffler system" is a sound suppression device or system that is designed and installed...
- California Harbors And Navigation Code Section 654.03
(a) A person may not manufacture for sale a motorized recreational vessel that is not equipped with a muffler or muffler system, as defined in...
- California Harbors And Navigation Code Section 654.05
(a) The owner of a motorized recreational vessel that is numbered pursuant to Section 9850 of the Vehicle Code, or that is documented by an...
- California Harbors And Navigation Code Section 654.06
No person shall sell or offer for sale at retail any internal combustion engine for use on any motorized recreational vessel which, when operated, exceeds...
- California Harbors And Navigation Code Section 654.1
Boating facilities constructed with funds derived from the state shall be required as a condition for the receipt of such funds to provide shoreside facilities...
- California Harbors And Navigation Code Section 654.3
(a) Each diesel powered vessel operating exclusively in California, engaged in the commercial transport of passengers with the capacity to transport 75 passengers or more,...
- California Harbors And Navigation Code Section 654.5
Any person who maliciously throws, hurls, or projects any object by manual, mechanical, or other means at a vessel or any occupant of a vessel...
- California Harbors And Navigation Code Section 655
(a) No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as...
- California Harbors And Navigation Code Section 655.05
(a) No person shall operate a vessel other than a recreational vessel for 24 hours if the person is found by a peace officer to...
- California Harbors And Navigation Code Section 655.1
(a) As used in this section, "mechanically propelled vessel" means any vessel actively propelled by machinery, whether or not the machinery is the principal source...
- California Harbors And Navigation Code Section 655.2
(a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty of a misdemeanor who uses it, or permits it...
- California Harbors And Navigation Code Section 655.3
The department may adopt regulations to establish and maintain for the use of vessels and the equipment on vessels on the waters of this state...
- California Harbors And Navigation Code Section 655.4
(a) No person shall serve as a crew member on any charter boat while under the influence of intoxicating liquor, any drug, or the combined...
- California Harbors And Navigation Code Section 655.5
(a) Whenever a person convicted of any violation of subdivision (b), (c), (d), (e), or (f) of Section 655 is found by the court to...
- California Harbors And Navigation Code Section 655.6
(a) It is an infraction for a person under the age of 21 years who has 0.01 percent or more, by weight, of alcohol in...
- California Harbors And Navigation Code Section 655.7
(a) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her...
- California Harbors And Navigation Code Section 656
(a) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can...
- California Harbors And Navigation Code Section 656.1
The operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident...
- California Harbors And Navigation Code Section 656.2
In addition to the requirements of Section 656.1, the operator of any vessel involved in an accident in the waters of this state who knows...
- California Harbors And Navigation Code Section 656.3
In addition to the requirements of Sections 656.1 and 656.2, the operator of any vessel involved in an accident in the waters of this state...
- California Harbors And Navigation Code Section 656.4
The department is authorized to develop a program of public information and research in the interest of reducing loss of life and property in the...
- California Harbors And Navigation Code Section 657
In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the...
- California Harbors And Navigation Code Section 658
(a) No person shall operate a vessel on any waters for towing a person or persons on water skis, an aquaplane, or a similar device...
- California Harbors And Navigation Code Section 658.3
(a) No person shall operate a motorboat, sailboat, or vessel that is 26 feet or less in length, unless every person on board who is...
- California Harbors And Navigation Code Section 658.5
(a) Except as provided in subdivision (b), no person under 16 years of age shall operate a vessel powered by a motor of greater than...
- California Harbors And Navigation Code Section 658.7
(a) Failure of the operator of a vessel involved in towing a skier to display or cause to be displayed a ski flag, as described...
- California Harbors And Navigation Code Section 659
The department may make rules and regulations for the uniform navigational marking of the waters of this state. Such rules and regulations shall not be...
- California Harbors And Navigation Code Section 660
(a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity...
- California Harbors And Navigation Code Section 660.2
(a) Upon request of the Director of Fish and Game, or his or her designee, the department shall restrict or prohibit, based on the request,...
- California Harbors And Navigation Code Section 661
(a) Every owner of an undocumented vessel numbered under this code is liable and responsible for the death of or injury to person or property...
- California Harbors And Navigation Code Section 662
A copy of the ordinances or local laws adopted pursuant to this chapter, and of any amendments thereto, shall be filed in the office of...
- California Harbors And Navigation Code Section 663
Every peace officer of this state or of any city, county, city and county, or other political subdivision of the state shall enforce this chapter...
- California Harbors And Navigation Code Section 663.1
Notwithstanding any other provision of law, a peace officer may, without a warrant, arrest a person who is involved in an accident in the waters...
- California Harbors And Navigation Code Section 663.5
Within the territorial limits of a county, city, or district, a harbor policeman regularly employed and paid as such by the county, city, or district...
- California Harbors And Navigation Code Section 663.6
Every vessel subject to this chapter, if under way and lawfully ordered to stop and lie to by a peace officer or harbor policeman authorized...
- California Harbors And Navigation Code Section 663.7
(a) Each county of the state is entitled to receive state financial aid for boating safety and enforcement programs on waters under its jurisdiction as...
- California Harbors And Navigation Code Section 664
(a) When any person is arrested for a violation of this chapter or any regulation adopted by the department pursuant to this chapter or any...
- California Harbors And Navigation Code Section 665
Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which...
- California Harbors And Navigation Code Section 666
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted...
- California Harbors And Navigation Code Section 667
In addition to any other court which may be a proper place of trial, any superior court location where cases of that type are tried,...
- California Harbors And Navigation Code Section 668
(a) Any person who violates subdivision (c) of Section 652, Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or any regulations adopted...
- California Harbors And Navigation Code Section 668.1
(a) Any person convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655, or of Section 655.2, 655.6, 655.7,...
- California Harbors And Navigation Code Section 668.2
The department may grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations, and colleges and universities for scholarship funding...
- California Harbors And Navigation Code Section 668.3
(a) For the purposes of Section 668.1, the department shall approve boating safety courses that it determines provides the course taker with information that effectively...
- California Harbors And Navigation Code Section 669
The regulations adopted by the department pursuant to this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1...
- California Harbors And Navigation Code Section 673
The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any...
- California Harbors And Navigation Code Section 674
Neither the owner of a boat livery nor his agent or employees shall permit any vessel to be delivered to a renter unless it shall...
- California Harbors And Navigation Code Section 680
This act shall be known as the Anthony Farr and Stacy Beckett Boating Safety Act of 2004, and may be cited as Anthony and Stacy's
- California Harbors And Navigation Code Section 681
(a) It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is teak surfing,...
- California Harbors And Navigation Code Section 682
All state-sponsored boating safety courses and all boating safety courses that require state approval by the Department of Boating and Waterways shall incorporate information about...
- California Harbors And Navigation Code Section 683
(a) When a new or used motorized vessel is sold in California, the two carbon monoxide poisoning warning stickers developed by the Department of Boating...
- California Harbors And Navigation Code Section 684
(a) The Department of Motor Vehicles shall insert the Department of Boating and Waterways' informational brochure and warning stickers about the dangers of carbon monoxide...
- California Harbors And Navigation Code Section 685
The Department of Boating and Waterways pursuant to subdivision (a) of Section 85.2 may use funds in the Harbors and Watercraft Revolving Fund, created pursuant...
- California Harbors And Navigation Code Section 700
This article shall be known and may be cited as the Yacht and Ship Brokers Act.
- California Harbors And Navigation Code Section 701
Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) "Broker" means a person who, except as otherwise excluded...
- California Harbors And Navigation Code Section 702
Except as otherwise provided by law, all records of the department relating to yacht brokers and yacht salesmen shall be open to inspection by the...
- California Harbors And Navigation Code Section 702.5
Any declaration, license, or other record electronically generated or transmitted pursuant to this article shall meet the requirements of a "record" under Title 2.5 (commencing...
- California Harbors And Navigation Code Section 703
(a) The director may, in accordance with the State Civil Service Act (commencing with Section 18500 of the Government Code), select, employ, and fix the...
- California Harbors And Navigation Code Section 704
In accordance with the provisions of Section 82 of this code, the commission shall advise the department with respect to all matters relating to the...
- California Harbors And Navigation Code Section 705
(a) The director may adopt a seal and such other device for use by the department as it may desire, which may be used to...
- California Harbors And Navigation Code Section 706
The Attorney General shall act as the attorney for the department in all actions and proceedings pursuant to this article and shall render to the...
- California Harbors And Navigation Code Section 707
(a) The department shall publish or cause to be published on or before July 1st of each year a directory of licensed brokers and salesmen...
- California Harbors And Navigation Code Section 708
(a) No person shall engage in the business of, act in the capacity of, advertise as, or assume to act as a broker or salesperson...
- California Harbors And Navigation Code Section 709
No licensed broker or licensed salesman shall practice any fraud or deceit or make any fraudulent or grossly negligent representation with respect to any act...
- California Harbors And Navigation Code Section 710
The definitions of "broker" and "salesperson," as set forth in Section 701, do not include the following: (a) A person who directly performs any act...
- California Harbors And Navigation Code Section 711
No person engaged in the business or acting in the capacity of a licensed broker or salesman within this state shall bring or maintain any...
- California Harbors And Navigation Code Section 712
(a) No licensed broker shall employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article...
- California Harbors And Navigation Code Section 713
Nothing contained in this article shall preclude a partnership from performing acts for which a broker's license is required, provided every partner through whom the...
- California Harbors And Navigation Code Section 714
A licensed broker who accepts funds from others in connection with any transaction subject to this article who does not, as soon as possible, place...
- California Harbors And Navigation Code Section 715
Within one month after the closing of a transaction in which title to a yacht is conveyed from a seller to a purchaser through a...
- California Harbors And Navigation Code Section 716
(a) No broker shall engage in any transaction for which a license is required under this article without first obtaining a signed written authorization to...
- California Harbors And Navigation Code Section 717
Application for a license as a broker shall be made on forms prescribed by the department and shall be signed by the applicant. The application...
- California Harbors And Navigation Code Section 718
Application for a license as a salesman shall be made on forms prescribed by the department and shall be signed by the applicant and by...
- California Harbors And Navigation Code Section 719
(a) A person shall be deemed qualified to submit an application for a broker's license if, as shown on the department's records, the person meets...
- California Harbors And Navigation Code Section 720
The department may require proof as it deems advisable concerning the honesty, truthfulness, and good reputation of the applicant for a broker's or salesperson's license...
- California Harbors And Navigation Code Section 721
(a) In addition to any proof of honesty, truthfulness, and good reputation required of any applicant for a broker's license, the department shall ascertain by...
- California Harbors And Navigation Code Section 722
The license first issued to a broker shall be for a period of one year. Such license may be renewed for periods of two years...
- California Harbors And Navigation Code Section 723
The license first issued to a salesman shall be for a period of one year. Such license may be renewed for periods of two years....
- California Harbors And Navigation Code Section 724
(a) An application on the form prescribed by the department for the renewal of a broker or salesman license shall be filed with the department...
- California Harbors And Navigation Code Section 725
Temporary licenses may be issued to salespersons under the following conditions: (a) The licenses shall be issued for a period not to exceed 60 days...
- California Harbors And Navigation Code Section 726
(a) A person who fails to renew his license within two years after its expiration may not renew it pursuant to Section 724. Such person...
- California Harbors And Navigation Code Section 727
The department may issue a certificate of convenience to the executor or administrator of the estate of a deceased broker, or if no executor or...
- California Harbors And Navigation Code Section 728
(a) Every license issued to a corporation entitles one officer thereof on behalf of the corporation to engage in the business of broker without the...
- California Harbors And Navigation Code Section 729
(a) Every license issued to a partnership entitles one partner thereof on behalf of the partnership to engage in the business of yacht broker without...
- California Harbors And Navigation Code Section 729.5
(a) Any limited liability company licensed by the department as a yacht broker on July 1, 2001, in order to continue to be licensed after...
- California Harbors And Navigation Code Section 730
(a) Before any broker's license shall be issued or renewed by the department for any applicant, the applicant shall procure, file, and maintain with the...
- California Harbors And Navigation Code Section 731
(a) A cash deposit given instead of the bond required by Section 730 shall be held by the department during the life of the license...
- California Harbors And Navigation Code Section 732
The department may deny an application or temporarily suspend or permanently revoke the license of a broker or a salesperson at any time if the...
- California Harbors And Navigation Code Section 733
The department may deny an application or may suspend or revoke the license of a yacht broker or yacht salesperson who, within four years immediately...
- California Harbors And Navigation Code Section 734
(a) The department shall not deny, suspend, or revoke a license granted under this article without a hearing, except the department may suspend a license...
- California Harbors And Navigation Code Section 735
(a) Every broker shall maintain a definite place of business in this state as his principal office and may establish other branch offices throughout the...
- California Harbors And Navigation Code Section 735.1
A licensed broker shall retain, for four years, copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed or obtained by...
- California Harbors And Navigation Code Section 735.2
The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic means on or after...
- California Harbors And Navigation Code Section 736
The department shall charge and collect the fees prescribed by this article in accordance with the following schedule: (a) Two hundred dollars ($200) for each...
- California Harbors And Navigation Code Section 737
(a) The proceedings and hearings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division...
- California Harbors And Navigation Code Section 738
(a) Each violation of any section or subdivision of any section of this article, excepting Section 709, is a misdemeanor punishable by a fine not...
- California Harbors And Navigation Code Section 739
Any person who violates any provision of this article, or any regulation adopted pursuant to this article, is liable for a penalty in an amount...
- California Harbors And Navigation Code Section 740
Any action taken in the enforcement of this article shall be commenced within three years of the department's discovery of the facts constituting the grounds...
- California Harbors And Navigation Code Section 754
(a) Every keeper of a storage facility shall keep a written record of every vessel subject to registration with the Department of Motor Vehicles which...
- California Harbors And Navigation Code Section 760
As used in this article, "for-hire vessel" includes any vessel propelled by machinery carrying more than three passengers for hire, except the following: (a) A...
- California Harbors And Navigation Code Section 761
No for-hire vessel, while carrying passengers for hire, shall be operated or navigated on the waters of this state except by a person who holds...
- California Harbors And Navigation Code Section 762
An applicant for an operator's license shall submit his written verified application to the department. The application shall be in such form and contain such...
- California Harbors And Navigation Code Section 764
Upon application for an operator's license, the department shall require an examination of the applicant. The department shall adopt rules and regulations establishing the requirements...
- California Harbors And Navigation Code Section 765
The examination may include a test of the applicant's knowledge of safety rules, an actual demonstration of his ability to exercise ordinary and reasonable control...
- California Harbors And Navigation Code Section 766
Upon completion of the examination, the department may, with or without hearing, issue the operator's license or issue it for the partial exercise only of...
- California Harbors And Navigation Code Section 767
An operator's license issued by the department pursuant to the provisions of this article shall be valid for five years from the date of issuance...
- California Harbors And Navigation Code Section 768
(a) The department may suspend or revoke any license issued pursuant to this article on a finding that the licensee has violated any of the...
- California Harbors And Navigation Code Section 769
The department shall be responsible for administering the licensing of operators of for-hire vessels and for enforcing the provisions of this article, and in this...
- California Harbors And Navigation Code Section 770
The department may make rules and regulations to carry out the provisions of this article.
- California Harbors And Navigation Code Section 771
It is unlawful and constitutes a misdemeanor for any person to violate, or to fail to comply with, any provision of this article after April...
- California Harbors And Navigation Code Section 772
The authority and power granted to the department in this article shall not be construed to conflict with or diminish in any manner the jurisdiction...
- California Harbors And Navigation Code Section 773
The Legislature finds and declares that the charter boat industry operates in the public interest by providing jobs, nutritious food, education, recreation, and joy for...
- California Harbors And Navigation Code Section 773.1
This article shall be known and may be cited as the Charter Boat Safety Act of 1983.
- California Harbors And Navigation Code Section 773.2
As used in this article, the following definitions shall apply: (a) "For-hire vessel" means a for-hire vessel as defined in Section 4661 of the Public...
- California Harbors And Navigation Code Section 773.3
No person shall take or offer to take seven or more passengers on a charter boat unless the vessel is licensed by the United States...
- California Harbors And Navigation Code Section 773.4
(a) No operator or charterer shall prevent any person from complying with, or direct any person to violate, any provision of this article, or direct...
- California Harbors And Navigation Code Section 773.5
The operator of a charter boat, or the operator's employee or agent, shall require each passenger to don a life preserver under any of the...
- California Harbors And Navigation Code Section 773.6
An operator, or the operator's employee or agent, who directs the passengers to the life preservers while announcing that the passengers are required for their...
- California Harbors And Navigation Code Section 773.7
The operator, or the operator's employee or agent, of a charter boat, prior to getting underway, shall orient each passenger concerning emergency procedures. A public...
- California Harbors And Navigation Code Section 773.8
(a) A charterer or operator who organizes charter boat trips shall inform each adult passenger as soon as practicable after the passenger contracts or pays...
- California Harbors And Navigation Code Section 774
(a) Every charterer and every charter boat operator shall include in all advertising for any charter trips in the coastal zone, as defined in Section...
- California Harbors And Navigation Code Section 774.1
No operator of a for-hire vessel shall leave or enter Morro Bay after being directed by the harbormaster of the harbor not to do so...
- California Harbors And Navigation Code Section 774.2
The operation of Section 655, 773.5, 773.7, or 774.1 or subdivision (b) of Section 773.8 shall be suspended if the Coast Guard or other appropriate...
- California Harbors And Navigation Code Section 774.3
(a) Except as provided in Section 774, violation of any provision of this article is a misdemeanor punishable by imprisonment for not more than six...
- California Harbors And Navigation Code Section 774.4
(a) This article does not impose any mandatory duties upon any public entity to monitor sea or weather conditions or to warn or prevent vessels...
- California Harbors And Navigation Code Section 775
(a) The Legislature hereby finds and declares all of the following: (1) Marine sanitation devices should be regulated pursuant to uniform standards and procedures, and...
- California Harbors And Navigation Code Section 775.5
The definitions in this section govern the construction of this chapter: (a) "Vessel terminal" means any private or public shoreside installation on any waters of...
- California Harbors And Navigation Code Section 776
(a) Every vessel terminal shall, as required by the regional board for the protection of the quality of the waters of this state, be equipped...
- California Harbors And Navigation Code Section 777
(a) Vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices, floating restrooms, and onshore toilets shall be operated and maintained...
- California Harbors And Navigation Code Section 778
The state board shall adopt standards for the location, construction, operation, and maintenance of vessel pumpout facilities.
- California Harbors And Navigation Code Section 779
Every peace officer of the state and of any city, county, or other public agency, all state and local public health officers, and all boating...
- California Harbors And Navigation Code Section 780
(a) No person shall disconnect, bypass, or operate a marine sanitation device so as to discharge sewage into the waters of this state, unless the...
- California Harbors And Navigation Code Section 781
The Attorney General, at the request of the department, the state board, any regional board, or any aggreived person, shall petition the superior court for...
- California Harbors And Navigation Code Section 782
(a) Excepting laws regulating the discharge of sewage into or upon the navigable waters of any lake, reservoir, or freshwater impoundment of this state, and...
- California Harbors And Navigation Code Section 783
Nothing in this chapter precludes the regulation of houseboats, as defined in Section 13901 of the Water Code, under other provisions of law by the...
- California Harbors And Navigation Code Section 784
Nothing in this chapter is intended to affect the operation of Section 117505 of the Health and Safety Code. The state board and any regional...
- California Harbors And Navigation Code Section 785
Nothing in this chapter shall prevent the state board from taking any action pursuant to subdivision (f) of Section 312 of the Federal Water Pollution...
- California Harbors And Navigation Code Section 786
(a) Any loan made pursuant to Section 71.4 or 76.3, and any lease or concession contract entered into pursuant to Section 72, shall be subject...
- California Harbors And Navigation Code Section 790
The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this...
- California Harbors And Navigation Code Section 800
The master of a vessel is appoi |