Section 1: DEFINITIONS

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

The Agency shall mean the Redevelopment Agency of the City and County of San Francisco.

The Harbor shall mean the boat berthing facilities built and operated by the Agency easterly of the Embarcadero between Pier 40 and China Basin, also known as South Beach Harbor.

Harbor Master shall mean the Harbor Master of the South Beach Harbor.

License shall mean the Exclusive License To Use Berthing Space between the Agency and an Owner.

Owner shall mean an individual to whom a berth has been assigned in the Harbor pursuant to a License or a Temporary License.

Temporary License shall mean an exclusive license to use berthing space in the Harbor for a period of less than thirty (30) days.

Waiting List shall mean the list maintained by the Harbor Master of Owners who have applied for Licenses in the Harbor. Except as may result from the circumstances set forth in Section 3.E.2. hereof, the Waiting List shall rank Owners in the chronological order of receipt of their respective applications. Upon execution of a License, an Owner shall be removed from the Waiting List.

Section 2: HARBOR MASTER: AUTHORITY

The Harbor Master, acting under the orders and supervision of the Executive Director of the Agency, shall have full authority in the interpretation and enforcement of all Rules and Regulations pertaining to the Harbor, and all orders given by him in the performance of his duties must be obeyed. Every boat entering the Harbor shall immediately become subject to the authority and direction of the Harbor Master.

Section 3: MOORING

1. No boat shall be permitted to occupy berthing space in the Harbor other than pursuant to a License or to a Temporary License.
2. Applications for both Licenses and Temporary Licenses in the Harbor shall be made to the Harbor Master on the forms furnished by the Harbor Master. Within the areas in the Harbor set aside for each type of license, berth assignments will be made in the order in which an Owner appears on the Waiting List, based on the availability of berths for size of the boat to be accommodated.
3. Each boat shall be berthed in the space assigned of berths by the Harbor Master pursuant to the applicable License or Temporary License. No exchanges of berths between Owners will be permitted without the prior written approval of the Harbor Master.
4. Except as set forth in Subsection (1), below, a License may only be granted and subsequently renewed to an Owner who can provide evidence satisfactory to the Harbor Master that he or she is the legal owner of the boat that is sought to be berthed in the Harbor. Licenses are not transferable upon any sale, exchange or other transfer of any interest in a boat berthed in the Harbor, and any such sale, exchange or other transfer of any interest in a boat berthed in the Harbor pursuant to a license must be reported to the Harbor Master within 30 days of such conveyance.
   1. Licenses, in an aggregate amount not to exceed 15 in effect in the Harbor at any one time, may be granted to bona fide ship brokers who can provide evidence satisfactory to the Harbor Master that they have the legal right to possession of each boat that they seek to berth in the Harbor.
5. The sale of a boat berthed in the Harbor pursuant to a License shall result in that boat being removed from the assigned berth. The Owner may choose to terminate the License in accordance with its terms. In lieu thereof the following shall apply:
   1. The Owner may, with the written permission of the Harbor Master, retain the assigned berth for another boat owned by the Owner provided that such boat is within the size classification of the assigned berth; or
   2. If the Owner owns another boat which he or she desires to berth in the Harbor which is not within the size classification of the assigned berth, and if there is berthing space then available in the Harbor for boats of the space classification of such other boat, the Harbor Master shall agree to an amendment of the applicable License to substitute the new berth and the other boat at the appropriate monthly license fee. If there is not berthing space then available in the Harbor for boats of the size classification of the other boat, the Owner may terminate his or her License in accordance with its terms; and, upon the effective date of such termination and at the request of such Owner, the Harbor Master shall place the Owner in a priority position on the Waiting List; or
   3. Subject to the provisions of Subsection G., below, and to the Owner's performance of all terms and conditions of the License, including the timely payment of the monthly license fee, the Owner may leave the assigned berth vacant.
   4. Under no circumstances is the Owner's license transferable to the purchaser(s) of the Owner's boat.
6. An Owner who desires to temporarily vacate a berth he or she is using pursuant to a License for a period of six (6) months or less, may, subject to the prior written approval of the Harbor Master and upon such conditions as the Harbor Master may deem appropriate in the circumstances, allow said berth to be used by another person for the mooring of a boat within the size classification of the berth. The Owner's License shall continue in full force and effect and the Owner shall continue to be fully responsible for performance of all of the terms and conditions thereof. At the expiration of the approved temporary period of use of the assigned berth by the other person, the Owner shall immediately cause the other boat to be removed from the Harbor. The License of any Owner who fails to strictly comply with the provisions of this Subsection F. shall be terminated.
7. Unless such absence is approved in advance in writing by the Harbor Master, the License of an Owner who occupies his or her assigned berth with his or her own boat for an aggregate of less than six (6) months in any twelve (12) month period shall not be renewed.
8. The Harbor Master shall have the authority to remove from, or relocate within the Harbor, any boat berthed therein if such removal or relocation is required for the safety or protection of persons or property.
9. Notwithstanding any other provision of these Rules and Regulations, mooring of a boat which is of a greater size than the size classification of the applicable berth shall not be permitted. The Harbor Master is authorized to remove and/or secure any boat in the Harbor which is berthed in violation of these Rules and Regulations.

Section 4: MOORING CHARGES

1. Charges for all berths shall be in accordance with the schedule of license fees adopted by the Agency.
2. The first month's license fee plus a security, deposit equal to one month’s license fee shall be paid upon assignment of a berth pursuant to a License. At the time of termination of the License and the vacation of the assigned berth, such deposit shall be applied against any unpaid license fee or other charges owing to the Agency and the balance of the deposit shall be refunded to the Owner.
3. All fees for use of berthing space pursuant to a License are due and payable monthly in advance on the first day of each month.
4. The timeliness of an Owner's payment of monthly license fees pursuant to a License shall be considered by the Harbor Master in determining whether or not to renew a License.
5. The full amount of the applicable license fee shall be paid upon assignment of a berth pursuant to a Temporary License. The vacation of a berth occupied pursuant to a Temporary License prior to the expiration of the term set forth therein shall not entitle the person paying the fee to any rebate or refund.

Section 5: NON-PAYMENT OF CHARGES

1. No person shall remove or cause to be removed from the Harbor any boat in regard to which license fees or any other proper charges arc delinquent, without paying all such delinquent charges.
2. The Agency and the Harbor Master are authorized to do all things necessary to prevent the unauthorized removal of a boat to avoid payment of license fees or other charges, including moving, securing or otherwise fastening the vessel.
3. In accordance with the provisions of Division 3, Chapter 2, of the Harbors and Navigation Code of the State of California, license fees or other charges for service are liens upon a boat. When these are delinquent, an action may be brought against the Owner to enforce payment of the lien by the Agency, and the boat with all its appurtenances and furnishings may be attached as security for the satisfaction of any judgment that may be recovered in the action.
4. If the attachment is not discharged, a judgment is recovered, and an execution is issued thereon, the vessel and all of its appurtenances and furnishings shall be sold at public auction and the proceeds applied in accordance with the above provisions of the Harbors and Navigation Code.

Section 6: VACATION OF ASSIGNED FACILITIES

The Harbor Master shall be notified in writing of the exact date of vacation of a berth assigned pursuant to a License or to a Temporary License, and such vacation shall be in accordance with the terms of said License or Temporary License.

Section 7: DISPOSING OF REFUSE

1. No person shall throw, discharge or deposit from any vessel or from the shore or float or otherwise any refuse matter of any kind whatsoever into or upon the waters of the Harbor, or in, on or upon the banks, walls, or walkways of any waters within the boundaries of the Harbor or in adjacent areas.
2. No person shall dump or discharge oil, spirits, inflammable liquid or contaminated bilge water into the Harbor.
3. All garbage must be deposited in receptacles furnished for that purpose, or removed from the Harbor area.

Section 8: HAZARDOUS OBSTRUCTIONS PROHIBITED: BOARDING PLATFORMS

1. Floats, gangways, top of lockers and docks shall be kept clear at all times, of skiffs, tenders, miscellaneous gear, debris or other hazardous obstructions.
2. Any condition aboard or around any boat, float, or gang plank caused by the Owner, which, in the opinion of the Harbor Master constitutes a fire hazard, health menace, or danger to public safety, shall be corrected or removed immediately to the satisfaction of the Harbor Master. In the event of the refusal or neglect of the Owner to remedy forthwith the aforesaid condition when reported to him or her, the Harbor Master may do so at the expense of said Owner.
3. Boating platforms or ladders on floats shall be permitted, subject to the approval of the Harbor Master, provided that any platform used for boarding shall not be over eighteen (18) inches in width and three (3) feet high, and shall be of lightweight construction. The platform shall not be used as a storage locker.
4. No person shall build or place in or about the Harbor, any structures, such as walkways, gangplanks, finger floats, rubbing piles, dock boxes, etc. without prior written approval of the Harbor Master.
5. No Dock Boxes (Gear Lockers) are permitted other than those supplied by the Agency.

Section 9: USE OF WATER AND ELECTRICITY

1. A. Charges for water and electricity under normal usage are included in license fees.
2. Continuous use of water for siphoning is prohibited.
3. Excessive use of electricity for heating, cooling, and other purposes is prohibited. If the Harbor Master is of the opinion that there is excessive use of electricity by a bertholder, he may attach a meter to the outlet for measuring actual consumption. Electrical consumption in excess of the then current average usage as determined by the Harbor Master shall be charged to the Owner.

Section 10: MAINTENANCE OF FACILITIES

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

Section 11: EMERGENCY PUMPING

If, in the opinion of the Harbor Master, a boat is in danger of sinking due to the accumulation of water in it, he may pump out water from the boat and the cost of this emergency service shall be charged to the Owner.

Section 12: UNNECESSARY DISTURBANCE

1. Outboard motors attached to any boats must be equipped with U.S. Coast Guard approved mufflers.
2. The Owner of a boat is responsible for the conduct and action of its crew and guests and unnecessary noise, loud talking, playing of musical instruments and loud television, radio or stereo is prohibited from 11:00 P.M. to 7:00 A.M. Violation of this rule shall be a breach of the applicable License or Temporary License.

Section 13: VESSEL TRAFFIC WITHIN THE HARBOR

1. All boats approaching or within the Harbor must be operated in a safe and prudent manner and in no event shall the entrance to the Harbor be blocked by general boating activities or fishing.
2. The speed of any boat within the Harbor shall not exceed five (5) knots, except under emergency conditions.
3. The Harbor shall not be used for the movement of any boats except for the purpose of entering or leaving a berth and necessary maneuvering in connection therewith.

Section 14: SWIMMING IN HARBOR PROHIBITED

It shall be unlawful for any person to swim, bathe, or wade in any portion of the Harbor; provided, however, this section shall not prevent an Owner from working on his boat under water.

Section 15: LODGINGS

It shall be unlawful for any person to reside on any boat berthed in the Harbor. This prohibition against residing on boats shall not prevent the use of boats in the harbor for eating and sleeping purposes for a period not to exceed seventy-two (72) hours in any seven-day period provided, however, that the Owner shall so notify the Harbor Master in advance in writing. Such use shall be subject to the requirements and limitations of Section 16 following.

Section 16: SEWAGE AND SANITARY FACILITIES

1. It shall be unlawful for any person to discharge sewage in the waters of the Harbor.
2. No person shall operate or berth in the Harbor or berth in the Harbor any boat equipped with a toilet unless such toilet is sealed or otherwise rendered inoperable or designed so that no human excreta can be discharged into the waters of the Harbor.

Section 17: MINORS IN HARBOR

It shall be unlawful for any person under the age of sixteen (16) years to go, remain, or be upon any of the gangways, floats or boat in the Harbor, unless such person is accompanied by an adult, or unless such person has the written permission of the Owner of any boat located at the Harbor to go upon such boat.

Section 18: FISHING IN HARBOR PROHIBITED

1. Fishing and crabbing and cleaning of fish on gangplanks, boats and floats is prohibited within the Harbor.
2. All fish caught outside the Harbor must be disposed of within twenty four (24) hours from the time of catching. No person shall throw fish overboard at the dock or from a boat.

Section 19: DAMAGE TO PROPERTY

The Owner of a boat assumes all liability for loss and damage to his or her property of any kind while it is within the limits of the boundary of the Harbor. The Agency assumes no risk or liability on account of fire, theft, acts of God, or damage of any nature to boat or its contents.

Section 20: SOLICITATION, ADVERTISING, AND SIGNS

1. Solicitation of patronage in the Harbor, without a permit from the Harbor Master, is prohibited.
2. No person shall row, propel, navigate or maintain any boat or float in the Harbor for the purpose of advertising, without first having received a permit from the Harbor Master for such purposes.
3. No signs of any kind or description shall be posted on piles, gangplanks or floats without receiving prior approval from the Harbor Master.
4. D. No sign advertising commercial use of a boat shall be displayed on any boat, float, dock or other structure. Properly licensed commercial boats operating from the Harbor may have the boat's name and telephone number displayed on the boat in an area no larger than fourteen inches by thirty-six inches in two locations.
5. Other signs, such as “for sale” signs, on privately owned boats may not exceed three square feet.

Section 21: MAINTENANCE AND CARE IN BERTHING, ANCHORING OR MOORING BOATS

1. All boats shall be berthed and secured with proper care and equipment, and such berthing or equipment shall be maintained at all times in such condition as to meet with the approval of the Harbor Master.
2. In the event that boats are not so maintained, the Harbor Master may supply lines and fittings, or replace inadequate lines and fittings, or may care for the boat in such a manner as to prevent damages to it or docks. A charge for this service and for any lines, fittings and materials supplied shall be made, and payment shall be made at the end of each month. Any lines, fittings and materials used and supplied by the Harbor Master to protect boats are not returnable.
3. No person shall bring into, moor or berth within the Harbor any boat of any kind whatsoever which is so unseaworthy or in such badly deteriorated condition that it may cause damage to docks, floats or other boats or which may become a menace to navigation, except in cases of extreme emergency in which case the Owner will be liable for any damages caused by such boat.The Harbor Master shall be the sole judge as to the condition of the boat, for the purposes of this section.
4. In the event a boat or other craft is wrecked or sunk within the Harbor, it shall be the owner's responsibility to mark its position and provide for the raising and disposition of such boat or craft and assume all liability for damage to Agency property or other boats in the Harbor.
5. Small tenders and row boats are permitted to be moored, if kept by and for the use of the Owner and berthed within the limits of the berth assigned pursuant to a License or Temporary License.

Section 22: COMPLIANCE WITH FEDERAL, STATE, AND LOCAL RULES AND REGULATIONS

All persons using the Harbor shall comply with all rules and regulations adopted by the United States of America, State of California, and local agencies with regard to water safety requirements, land operation and maintenance of boats. The Harbor Master is authorized to enforce all said rules and regulations and to deny use of the facilities at the Harbor for violation of said rules and regulations.

Section 23: VIOLATION OF RULES AND REGULATIONS

1. An applicant for a berth assignment agrees by his/her signature on the application form, to comply with these Rules and Regulations.
2. The Harbor Master shall have the right to deny the use of the Harbor and to terminate the License or Temporary License and require removal of any boat of any Owner, who in the opinion of the Harbor Master, fails to comply with the Rules and Regulations for the operation of the Harbor.

Section 24: REGISTRATION AND NUMBERING: FURNISHING INFORMATION TO THE HARBOR MASTER

1. Every undocumented vessel entering the Harbor must be registered and numbered as provided by the laws of the State of California.
2. The owners of vessels entering the Harbor shall furnish all information relating to the vessel and the ownership thereof as may reasonably be required by the Harbor Master.

Section 25: ACCIDENT REPORTS

A duplicate copy of any report of any accident occurring in the Harbor involving any one or more boats shall immediately be filed with the Harbor Master.

Section 26: PETS

1. Dogs and other pets must be leashed or otherwise controlled while on docks, floats or other public areas.
2. Pet owners must remove their pet's excrement from docks, floats or other public areas.

Section 27: PARKING REGULATIONS

1. Parking permits will be issued to Owners or other authorized persons to park in designated parking areas while they are at the Harbor or using their boat during the term of the License.
2. Upon application of the Owner, up to two permits may be issued per License. A permit may be issued to the Owner, a co-owner or the spouse of either for use with a vehicle registered in that person's name. A permit may also be issued for use with multiple vehicles owned by such persons provided that the vehicles are all registered with the Harbor Master and identified on the permit.
3. Temporary permits may be issued to contractors, workers, guests, crew or visitors of Owner for limited time periods contingent upon the Harbor Master's assessment of space availability.
4. Replacement permits will be issued when, in the opinion of the Harbor Master, a good and valid reason exists. The previous permit will be invalidated when a replacement permit is issued.
5. Permits registered to a single vehicle are to be affixed to the left side of the rear bumper. Multiple vehicle permits are placards provided by the Harbor Master on which all vehicles registered under that permit are listed. The placard must be clearly visible from outside the vehicle and placed on the front dashboard.
6. Vehicles parked in designated parking areas without valid permits or otherwise in violation of these regulations will be subject to parking violation citation and/or removal of the vehicle and any charges or fines will be the responsibility of the vehicle owner.
7. The Harbor Master may limit the use of designated parking areas further if it is deemed necessary and may invalidate any permit upon the failure of the permittee to comply with these regulations.
8. Neither South Beach Harbor nor the Agency assume any responsibility for the safekeeping of vehicles, or any liability for theft or damage by third persons, by virtue of these parking regulations.

Section 28: COMMERCIAL CHARTER AND TOUR VESSELS

1. Definitions: Operator means the business operator holding a Commercial License to do business at South Beach Harbor
2. Reservations must be made in advance at the Harbor Office for specific vessel arrival and departure times. Reservations will be confirmed or denied at the time they are requested on a first come, first served basis and depending upon space available for the type of vessel being requested.
3. Charters, parties, seminars, meetings, receptions, or other events are not permitted at dock-side.
4. The vessel must be scheduled to arrive in the Harbor as soon before scheduled boarding as is practical and be scheduled to depart as soon after an expeditious boarding process can be completed. The same is required for debarking.
5. Vessels must arrive no sooner than 30 minutes prior to a reserved arrival time and depart no later than 30 minutes after a reserved departure time.
6. Vessels will not be permitted to arrive after 2400 hours.
7. Depending upon space being available, vessels arriving at the Harbor without advanced reservations may be accommodated or turned away at the discretion of the Harbormaster.
8. A vessel may tie up only in the berth or space designated by the Harbormaster.
9. Vessels must tie up at least 15 feet away from the waste pump-out stations except during a period in which that vessel is pumping waste, unless otherwise directed by the Harbormaster.
10. Service of alcoholic beverages is not permitted while the vessel is in the Harbor basin.
11. Public address or other sound amplification systems may not be used inside the Harbor basin except for purposes of announcements made by the vessel's crew pertaining to passenger safety.
12. The Operator's employees are responsible for the marshalling necessary to assist passengers embarking and debarking in a safe, orderly, and expeditious manner including their passage between the vessel and the shore.
13. The Operator is responsible to inform the vessel's crew and its other representatives dealing with the public about current shoreside parking regulations at the Harbor and communicate these in timely fashion to all passengers.
14. Passengers must be boarded and debarked without any delay for checking manifests, collecting fees, selling or distributing merchandise, taking photographs or other procedures which cause congestion on the floating piers.
15. Any trash or refuse taken off the vessel must be placed in one of the multi-cubic yard dumpsters available on shore. Nothing pertaining to the vessel or its equipment or anything taken off the vessel may be left at the Harbor upon the vessel's departure.