Harbor-Related Municipal Codes
Avalon Harbor is enjoyed by a variety of users in a variety of ways and can be very busy at times, especially in the summer season. The City of Avalon has several local ordinances and policies to promote and protect everyone's rights and ability to safely enjoy the beautiful waters of Avalon.
Below are excerpted areas of the Avalon Municipal Code regarding vessel requirements and restrictions while in Avalon Harbor. Title 10-2 of the Municipal Code outlines all Harbor Regulations.
Length as applied to vessels and boats shall mean the measurement set forth in the manufacturer's specification for such vessel or boat. Where the vessel has been modified, the Harbor Master shall determine the length of the vessel using any reasonable method. Detachable swim steps and bow pulpits shall not be included in determining length.
It shall be unlawful for any person to keep a vessel less than fourteen (14') feet in length on a mooring other than as permitted at the City transient dinghy docks.
The owner of a vessel fourteen feet zero (14'00") inches in length or under may keep such vessel at a mooring provided the vessel is tied off to a larger vessel and the larger vessel is registered for that mooring.
No vessel which is greater than fourteen feet zero (14'00") inches shall be secured to the City transient dinghy docks.
No vessel, the beam of which is or which was originally manufactured to be greater than seven feet zero (7'00") inches in width, shall be secured to the City transient dinghy docks.
No person shall secure or permit to be tied to a City transient dinghy dock any vessel whose outboard motor is in other than the down position or in such a position as to expose the propeller in a manner which may cause damage to other vessels.
All persons shall comply with signs erected at dinghy docks regarding time limits and safety regulations.
No person shall secure or permit to be secured a vessel at the City transient dinghy docks for a period in excess of seventy-two (72) consecutive hours. It shall be unlawful for any person, except as authorized by the Harbor Department, to remove from a vessel any tag or other marker affixed to a vessel by the Harbor Department in order to detect violations of this provision.
All vessel owners and/or operators holding a revocable mooring permit and/or operating a vessel pursuant to a waterside permit, and any person using a mooring as a guest or anchored in City waters for more than 15 consecutive days during the period from November 1 to March 30, or who departs City waters and returns to City waters and uses a mooring or anchors within City waters such that the total number of days moored or anchored in City waters is more than 15 days within any thirty-day period of time or more than 60 days during a calendar year, or is moored or anchored in City water for more than 30 consecutive days during the period from April 1 to October 31, shall provide proof of current and valid protection and indemnity (P & I) or watercraft liability insurance with limits of at least $500,000 which names the City of Avalon, its officials, employees, and volunteers as an additional insured. The minimum coverage may be changed upon the request of the City's coverage or insurance provider, in which case vessel owners and operators will secure such increased coverage upon notice from the City. Vessel owners or permittees shall provide immediate written notice if: 1) any of the required insurance policies are terminated; 2) the limits of any of the required polices are reduced; or 3) the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, owner or operator shall forthwith obtain and submit proof of substitute insurance. A provision allowing for cost recovery for salvage and pollution control shall be included in the P & I or watercraft liability insurance.
Shall mean any vessel as defined herein which is moored in City waters during the storm season (November 1st through March 30th) and during such time is required to pay a service charge for mooring use for 14 days or more consecutive days or for a total of 20 days in any thirty-day period.
All vessels moored or anchored in city waters shall be sound and properly maintained so as not to create or present a danger to public safety or cause damage to city property or other vessels or persons aboard such vessels. No materials shall be stored or permitted on the vessel which result in noxious odors. Halyards and other equipment shall be secured so as to prevent unnecessary noise. Decks must be kept clear of any clutter, rubbish, debris, or parts and/or equipment relating to the marine environment so as allow clear passage and access by emergency personnel.
All vessels anchoring or mooring in the waters of the City between sunset and sunrise shall conform to the rules and regulations of the United States regarding anchor lights in inland waters of the United States as set forth in the Navigation Laws of the United States.
Use of Moorings by Guests, Fees. Except as hereinafter provided, it shall be unlawful for any person to use a mooring other than his or her own except by permission of the Harbor Master and except after payment to the Harbor Master of a service charge in an amount specified by resolution of the City Council. The mooring assigned to a guest vessel is not guaranteed and such guest vessel may have to relocate on a daily basis as directed by the Harbor Master.
It shall be unlawful for any person to secure or permit to be tied to a dinghy dock, float or wharf or to moor or to cause to be moored in the Avalon Harbor a vessel of any kind whatsoever which is unseaworthy, in a deteriorated condition, which is likely to sink, or to damage docks, wharves, floats, or other vessels, or to become a menace to navigation. If the Harbor Master determines that a vessel is so unseaworthy so as to present an immediate danger of serious injury to persons using such vessel or to others, the Harbor Master shall have authority to promptly remove and store such vessel. Where a vessel is determined to be unseaworthy but does not present an immediate danger of serious injury to persons using such vessel or others, the Harbor Master shall provide at least twenty-four (24) hours written notice before removing such vessel. The notice of the violation and intent to remove shall be attached to the vessel in a conspicuous place so as to be easily observed by the person in charge of the vessel upon the return of that person, and so as to prevent the notice from being removed by wind. All costs of removal and storage shall be recoverable from the registered owner, operator, rentee, or lessee of such vessel.
All generators shall be secured and shall not be operated between the hours of 10 pm and 7 am. The foregoing restrictions shall not apply in cases of medical emergency.
All vessels shall keep their speed wakeless or under five knots, whichever is less, within the limits of the waters of the City.
Persons using moorings other than their own and those anchored in City waters shall not cause or permit a vessel which they control or for which they are responsible to be unattended. As used herein, unattended means that the vessel owner or the owner's agent is not aboard the vessel or fails to promptly respond when contacted by the Harbor Master to care for the vessel. Where the Harbor Department is able to reach the owner, it shall be the owner's responsibility to find another person if the owner is not able to promptly respond to the Harbor Department's directive. An owner may designate in writing with the Harbor Department no more than two agents and shall provide contact telephone numbers for each agent. In no event shall the Harbor Department or the City be responsible for damage to the vessel because of the failure to contact the owner or the agent in the event of weather or other conditions.
Except as specifically authorized pursuant to a Waterside Permit granted pursuant to this Title, no vessel or floating structure which is moored or anchored in city waters shall be physically connected to any utility lines, including but not limited to sewer, water, electricity, telephone or cable.
No person shall conduct any business or commercial enterprise in the Avalon Harbor or hold himself out as available to conduct any business or commercial enterprise which emanates from the Avalon Harbor, and including any business or commercial enterprise whose patrons use shore boats to be transported to the enterprise's vessel(s), unless a waterside permit has been obtained therefore in accordance with administrative procedures adopted by resolution and on forms to be approved by the City Manager.