Harbors and Navigation Code — Part 2 | HNC — United States — California law | Esheria

Harbors and Navigation Code

Part 2 of 7 · provisions 201–400

This section says the act is called the Harbors and Navigation Code.

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Navigable waters and sufficiently large streams are public ways for navigation and transport. Floodwaters temporarily above the normal high-water mark outside a watercourse’s banks are excluded, and this section does not allow trespass. This section declares several named streams, waters, and parts of waterways to be navigable public ways. This section lists certain streams and waters as navigable public ways. This section lists several streams and waters as navigable public ways. This section lists specific streams and waters that are navigable public ways.

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Provisions of Harbors and Navigation Code

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  1. 21.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    This section defines “vessel” to include a broad range of watercraft and structures used for transportation.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 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 the transportation of merchandise or persons. (Enacted by Stats. 1937, Ch. 368.)
  2. 22.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    This section defines “steam vessel” as any vessel propelled by machinery.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 22. “Steam vessel” means any vessel which is propelled by machinery. (Enacted by Stats. 1937, Ch. 368.)
  3. 23.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    “Wharf” includes a pier, quay, or landing.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 23. “Wharf” includes pier, quay, or landing. (Enacted by Stats. 1937, Ch. 368.)
  4. 24.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    This section defines “goods” to include wares or merchandise.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 24. “Goods” includes wares or merchandise. (Enacted by Stats. 1937, Ch. 368.)
  5. 240.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Scope of Division [240- 240.] ( Heading of Chapter 1 amended by Stats. 1981, Ch. 714. )

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    This Division applies to navigation on navigable waters of the United States and of this state, except where it conflicts with U.S. admiralty and maritime jurisdiction and laws.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Scope of Division [240- 240.] ( Heading of Chapter 1 amended by Stats. 1981, Ch. 714. ) ## 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 States, apply to navigation on the navigable waters of the United States, as well as to navigation on the navigable waters of this state. (Enacted by Stats. 1937, Ch. 368.)
  6. 25.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    If part of this code is invalid, the rest still applies.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 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 application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1937, Ch. 368.)
  7. 250.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    When steam vessels meet, each must turn to the right to pass without interference.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 250. When steam vessels meet each shall turn to the right, so as to pass without interference. (Enacted by Stats. 1937, Ch. 368.)
  8. 251.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A passenger may not get into a small boat from a steam vessel until the boat is completely afloat and fully clear of the vessel except for the painter.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 it until it is completely afloat and wholly disengaged from the steam vessel except by the painter. (Enacted by Stats. 1937, Ch. 368.)
  9. 252.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A line used to land or receive passengers must not be attached to a steam vessel’s machinery, and the small boat used for that purpose must not be hauled in by that machinery.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 may the small boat used for such purpose be hauled in by means of such machinery. (Enacted by Stats. 1937, Ch. 368.)
  10. 253.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    During passenger landing and receiving, and while the small boat is going to or returning for that purpose, the engine must be stopped, except when needed to keep the steam vessel properly directed and safely positioned.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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, and may not be put in motion, except to give sufficient force to keep the steam vessel in a proper direction and safe position. (Enacted by Stats. 1937, Ch. 368.)
  11. 254.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A small boat must keep a good and suitable pair of oars, and at night it must give a horn or trumpet signal to the steam vessel when ready to leave shore after landing or receiving passengers.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 or trumpet, shall be given to the steam vessel from the small boat, when having landed or received its passengers, it is ready to leave the shore. (Enacted by Stats. 1937, Ch. 368.)
  12. 255.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    Steam vessels traveling in the same direction must stay at least ten yards from the vessel ahead, and the lead vessel must not be navigated so as to unnecessarily bring the following vessel within ten yards.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 yards; and the steam vessel ahead shall not be so navigated as unnecessarily to bring it within ten yards of the steam vessel following. (Enacted by Stats. 1937, Ch. 368.)
  13. 256.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    When a steam vessel is operating at night, the master must ensure two conspicuous lights are displayed: one near the bow and one near the stern, with the stern light at least twenty feet above the deck.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 the other near the stern, the latter to be at least twenty feet above the deck. (Enacted by Stats. 1937, Ch. 368.)
  14. 257.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A person in charge of a steam vessel who violates certain earlier navigation sections incurs a $250 penalty for each offense.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 and fifty dollars for each offense. (Enacted by Stats. 1937, Ch. 368.)
  15. 258.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A person in charge of a vessel anchored at night in the state’s harbors or ports must show a conspicuous light in the rigging at least 20 feet above the deck and another from the taffrail.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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, who fails to cause a conspicuous light to be shown in the rigging at least twenty feet above the deck, and another light to be shown from the taffrail, incurs a penalty of fifty dollars for every neglect. (Enacted by Stats. 1937, Ch. 368.)
  16. 259.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    The master or owner of a vessel cannot recover damages for collision-related injuries if the collision resulted from failing to comply with the previous six sections.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 out of a failure to comply with the provisions of the preceding six sections. (Enacted by Stats. 1937, Ch. 368.)
  17. 260.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    Nighttime timber rafts on the Sacramento or San Joaquin rivers must display two red lights, one at each end and at least ten feet above the upper logs or plank, or a $50 penalty applies for each neglect.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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, and at least ten feet above the upper logs or plank, incurs a penalty of fifty dollars for each neglect. (Enacted by Stats. 1937, Ch. 368.)
  18. 261.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    Passenger steam vessels operating in state waters must carry the specified boats and keep them ready for immediate launch.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 measurement, one first-class life-boat and one row-boat, twenty-five feet long by seven wide, each capable of carrying fifty persons; and at least one other good row-boat. (b) If of two hundred and fifty and less than five hundred tons measurement, at least two ordinary row-boats. (c) If of less than two hundred and fifty tons burden, at least one small row-boat. The boats shall be so attached that they can be launched at any time for immediate use. (Enacted by Stats. 1937, Ch. 368.)
  19. 262.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A vessel’s master or owner can be fined up to $250 if the vessel is not provided with boats required by this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 exceeding two hundred and fifty dollars. (Enacted by Stats. 1937, Ch. 368.)
  20. 263.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A person in charge of a passenger steam vessel or its steam-generating equipment who creates unsafe or undue steam to increase speed or beat another vessel incurs a $500 penalty.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 every person in charge of the boiler or other apparatus for the generation of steam who, for the purpose of increasing speed or excelling any other vessel in speed, permits to be created an undue or an unsafe quantity of steam, incurs a penalty of five hundred dollars. (Enacted by Stats. 1937, Ch. 368.)
  21. 264.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A person in charge of a steam passenger vessel or its boilers and engines must not create or allow excess steam that bursts the boiler or related machinery and endangers human life; doing so is a felony.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 264. (a) A captain or other person having charge of any steam vessel used for the conveyance of passengers, or of its boilers and engines, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected with the boiler, by which bursting or breaking human life is endangered, is guilty of a felony. (b) Notwithstanding any other provision of law, a person found guilty of a felony violation of this section shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two or three years, or both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 135. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  22. 265.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    Owners of every steam vessel are responsible for the conduct of the master or other person in charge they employ, and they are jointly and severally liable as sureties for penalties under this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 are jointly and severally liable as sureties for any penalty established by this chapter. (Enacted by Stats. 1937, Ch. 368.)
  23. 266.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    This section says certain chapter penalties may be recovered by the district attorney of a county bordering on the water, after notice is given first.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 or the penalty incurred, to whom notice is first given, and when recovered shall be equally divided between the county unapportioned elementary school fund and the indigent-sick fund of the county. Any judgment pursuant to this section is a lien on the vessel against whose owners or master it is recovered. (Enacted by Stats. 1937, Ch. 368.)
  24. 268.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    Counties or cities may restrict vessel and water-ski navigation and may permit certain races or marine events, subject to Section 660 and approval conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Penalties [250 - 268] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 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 of subdivision (a) of Section 660, and may grant permits to bona fide yacht clubs, water ski clubs, or civic organizations to conduct vessel or water ski races or other marine events over courses established, marked, and patrolled by authority of the United States Coast Guard, city harbormaster, or other officer having authority over the waters on which such race or other marine event is proposed to be conducted and on such days and between such hours as may be approved thereby. These provisions shall not apply to marine events authorized by United States Coast Guard permit. (b) The provisions of this section shall apply to all waters which are in fact navigable regardless of whether they are declared navigable by this code. (Amended by Stats. 1973, Ch. 345.)
  25. 280.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    When vessels meet, they must observe this article and other navigation-related provisions of the code.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 when they meet. (Enacted by Stats. 1937, Ch. 368.)
  26. 281.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    When two vessels meet head-on or nearly so, each must give right rudder so they pass port-to-port.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 in the opposite direction, so that if both were to continue their respective courses they would pass so near as to involve the risk of a collision, each shall give right rudder, so as to pass on the port side of each other. This rule applies to all steam vessels and all sailing vessels whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger. It is subject to a due regard to the dangers of navigation, and, as regards sailing vessels on the starboard tack close-hauled, it is subject also to the keeping of such sailing vessels under command. (Enacted by Stats. 1937, Ch. 368.)
  27. 282.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    This rule tells sailing and steam vessels how to yield and pass when meeting under sail conditions, generally on the port side.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 starboard tack shall keep its wind, and the one on the port tack shall bear up strongly, so as to pass each other on the port side. When both vessels which have the wind large or abeam meet, they shall pass each other in the same way on the port side. To effect the two last-mentioned movements each shall give right rudder. Steam vessels shall be regarded as vessels navigating with a fair wind, and shall give way to sailing vessels on a wind of either tack. (Enacted by Stats. 1937, Ch. 368.)
  28. 283.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Steam vessels in a narrow channel must keep to the starboard side when it is safe and practicable, and must leave other vessels on the port side when passing.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 on its starboard side, and a steam vessel when passing another in such a channel, shall always leave the other upon the port side. (Enacted by Stats. 1937, Ch. 368.)
  29. 284.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    When two steam vessels are about to cross so closely that collision is likely, each must give right rudder and pass on the port side of the other.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 give right rudder, so as always to pass on the port side of the other. (Enacted by Stats. 1937, Ch. 368.)
  30. 285.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    This section says its navigation rules do not apply where another rule governs steam-vessel lights or pilots of steam vessels approaching within whistle or other audible-signal range under U.S. law.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Navigation Rules [280 - 285] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 vessels, or for the government of pilots of steam vessels approaching each other within the sound of the steam-whistle or other audible signal, prescribed by or under authority of the laws of the United States. (Enacted by Stats. 1937, Ch. 368.)
  31. 290.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    If a collision happens because a vessel failed to follow an Article 1 rule, the vessel’s owner cannot recover compensation for damage to that vessel unless breaking the rule was necessary in the circumstances.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 rule is infringed can not recover compensation for damages sustained by the vessel unless the circumstances of the case made a departure from the rule necessary. (Enacted by Stats. 1937, Ch. 368.)
  32. 291.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    If a vessel fails to follow an Article 1 rule and someone is harmed or property is damaged, the loss is treated as the wilful default of the person in charge of the deck, unless a departure from the rule was necessary.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 to have been occasioned by the wilful default of the person in charge of the deck at the time, unless the circumstances of the case made a departure from the rule necessary. (Enacted by Stats. 1937, Ch. 368.)
  33. 292.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    Collision losses are allocated by fault: a party solely at fault bears its own loss and compensates the other; if neither is at fault, the loss follows where it falls; if both are at fault, the loss is shared equally unless fault is greatly unequal, in which case it is apportioned fairly.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 he shall compensate the other for any loss he has sustained. (b) If neither was in fault, the loss shall be borne by him upon whom it falls. (c) If both were in fault, the loss shall be equally divided, unless it appears that there was a great disparity in fault, in which case the loss shall be equitably apportioned. (d) If it can not be ascertained where the fault lies, the loss shall be equally divided. (Enacted by Stats. 1937, Ch. 368.)
  34. 293.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    Owners or operators of certain vessels are absolutely liable, without regard to fault, for qualifying damage caused by discharges or leaks of petroleum, fuel oil, or hazardous substances into the state’s navigable waters.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 or independent agency which could not reasonably be foreseen, any owner or operator of any vessel engaged in the commercial transportation, storage in a vessel, or transfer of petroleum, fuel oil, or hazardous substances shall be absolutely liable without regard to fault for any property damage incurred by the state or by any county, city or district, or by any person, within the state, and for any damage or injury to the natural resources of the state, including, but not limited to, marine and wildlife resources, caused by the discharge or leakage of petroleum, fuel oil, or hazardous substances from such vessel into or upon the navigable waters of the state. As used in this section, “owner or operator” means any person owning or operating, or chartering by demise, such vessel; “person” means an individual, firm, corporation, limited liability company, association, or partnership; and “navigable waters of the state” means all portions of the sea within the territorial jurisdiction of the state and all inland waters navigable in fact. As used in this section, “hazardous substance” means any substance designated as such pursuant to paragraph (2) of subdivision (b) of Section 1321 of Title 33 of the United States Code. This section shall be known and may be cited as the Miller Anti-Pollution Act of 1971. (Amended by Stats. 1994, Ch. 1010, Sec. 147. Effective January 1, 1995.)
  35. 294.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    This section makes certain responsible persons absolutely liable for damages from oil, natural gas, drilling waste, or offshore exploration affecting marine waters, subject to listed exceptions.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Losses [280 - 294] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability [290 - 294] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 regard to fault for any damages incurred by any injured party which arise out of, or are caused by, the discharge or leaking of natural gas, oil, or drilling waste into or onto marine waters, or by any exploration in or upon marine waters, from any of the following sources: (1) Any offshore well or undersea site at which there is exploration for or extraction or recovery of natural gas or oil. (2) Any offshore facility, oil rig, or oil platform at which there is exploration for, or extraction, recovery, processing, or storage of, natural gas or oil. (3) Any vessel offshore in which natural gas, oil, or drilling waste is transported, processed, or stored. (4) Any pipeline located offshore in which natural gas, oil, or drilling waste is transported. (b) A responsible person is not liable to an injured party under this section for any of the following: (1) Damages, other than costs of removal incurred by the state or a local government, caused solely by any act of war, hostilities, civil war, or insurrection or by an unanticipated grave natural disaster or other act of God of an exceptional, inevitable, and irresistible character, which could not have been prevented or avoided by the exercise of due care or foresight. (2) Damages caused solely by the negligence or intentional malfeasance of that injured party. (3) Damages caused solely by the criminal act of a third party other than the defendant or an agent or employee of the defendant. (4) Natural seepage not caused by a responsible party. (5) Discharge or leaking of oil or natural gas from a private pleasure boat or vessel. (6) Damages which arise out of, or are caused by, a discharge which is authorized by a state or federal permit. (c) Upon motion and sufficient showing by a person deemed to be responsible under this section, the court shall join to the action any other person who may be responsible under this section. (d) In determining whether a party is a responsible person under this section, the court shall consider the results of any chemical or other scientific tests conducted to determine whether oil or other substances produced, discharged, or controlled by the defendant matches the oil or other substance which caused the damage to the injured party. The defendant shall have the burden of producing the results of tests of samples of the substance which caused the injury and of substances for which the defendant is responsible, unless it is not possible to conduct the tests because of unavailability of samples to test or because the substance is not one for which reliable tests have been developed. At the request of any party, any other party shall provide samples of oil or other substances within its possession or control for testing. (e) The court may award reasonable costs of the suit, attorneys’ fees, and the costs of any necessary expert witnesses, to any prevailing plaintiff. The court may award reasonable costs of the suit and attorneys’ fees to any prevailing defendant if the court finds that the plaintiff commenced or prosecuted the suit under this section in bad faith or solely for purposes of harassing the defendant. (f) This section does not prohibit any person from bringing an action for damages caused by natural gas, oil, or drilling waste, or by exploration, under any other provision or principle of law, including, but not limited to, common law. However, damages shall not be awarded pursuant to this section to an injured party for any loss or injury for which the party is or has been awarded damages under any other provision or principle of law. Subdivision (b) does not create any defense not otherwise available regarding any action brought under any other provision or principle of law, including, but not limited to, common law. (g) As used in this section, the following definitions apply: (1) “Damages” are damages for any of the following: (A) Injury or harm to real or personal property. (B) Business loss, including loss of income. (C) Costs of cleanup, removal, or treatment of natural gas, oil, or drilling waste. (D) Cost of wildlife rehabilitation. (E) When the injured party is the state, or a city, county, or district, in addition to any injury described in subparagraphs (A) to (D), inclusive, damages include all of the following: (i) Injury to natural resources or wildlife, and loss of use and enjoyment of public beaches and other public resources or facilities, within the jurisdiction of the state, city, county, or district. (ii) Costs incurred to monitor the cleanup of the natural gas, oil, or drilling waste. (iii) Loss of taxes. (iv) Costs to assess damages to natural resources, wildlife, or habitat. (2) “Injured party” means any person who suffers damages from natural gas, oil, or drilling waste, which is discharged or leaks into marine waters, or from offshore exploration. The state, or a city, county, or district, may be an injured party. (3) “Natural gas” includes natural gas, liquified natural gas, and natural gas byproducts. “Natural gas” does not include natural gas carried in a vessel for use as fuel in that vessel. (4) “Exploration” means boring and soil sampling. (5) “Oil” and “drilling wastes” include, but are not limited to, petroleum, refined or processed petroleum, petroleum byproducts, oil sludge, oil refuse, oil mixed with wastes, and chemicals or other materials used in the exploration, recovery, or processing of oil. “Oil” does not include oil carried in a vessel for use as fuel in that vessel. (6) “Person” means an individual, proprietorship, firm, partnership, joint venture, corporation, limited liability company, or other business entity, or an association or other organization. (7) “Responsible person” means any of the following: (A) The owner or transporter of natural gas, oil, or drilling waste which causes an injury covered by this section. (B) The owner, operator, or lessee of, or person who charters by demise, any offshore well, undersea site, facility, oil rig, oil platform, vessel, or pipeline which is the source of natural gas, oil, drilling waste, or is the source or location of exploration which causes an injury covered by this section. “Responsible party” does not include the United States, the state, or any public agency. (h) Liability under this section shall be joint and several. However, this section does not bar a cause of action that a responsible party has or would have, by reason of subrogation or otherwise, against any person. (i) Section 3291 of the Civil Code applies to actions brought under this section. (j) This section does not apply to claims for damages for personal injury or wrongful death, and does not limit the right of any person to bring an action for personal injury or wrongful death under any provision or theory of law. (Amended by Stats. 1994, Ch. 1010, Sec. 148. Effective January 1, 1995.)
  36. 3.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    People already holding offices under repealed acts keep those offices on their former tenure if the code continues those offices.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 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 continued by this code, continue to hold them according to their former tenure. (Enacted by Stats. 1937, Ch. 368.)
  37. 30.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This chapter’s general provisions and definitions govern how this division is interpreted, unless the context requires otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 30. Unless the context otherwise requires, the general provisions and definitions in this chapter govern the construction of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  38. 30.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    In the Harbors and Navigation Code, “Business, Transportation and Housing Agency” means the Transportation Agency, and “Secretary of Business, Transportation and Housing” means the Secretary of Transportation.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 30.5. Whenever the term “Business, Transportation and Housing Agency” appears within the Harbors and Navigation Code, it shall refer to the Transportation Agency, and whenever the term “Secretary of Business, Transportation and Housing” appears within the Harbors and Navigation Code, it shall refer to the Secretary of Transportation. (Added by Stats. 2013, Ch. 352, Sec. 320. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  39. 300.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

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    A person must not willfully and maliciously damage, sink, or set adrift another person’s vessel under ten gross tons; doing so is a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 300. A person who willfully and maliciously cuts, breaks, injures, sinks, or sets adrift a vessel of less than ten gross tons that is the property of another is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 610, Sec. 19. (SB 717) Effective January 1, 2010.)
  40. 301.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person who willfully and maliciously cuts, breaks, or injures another’s vessel of 10 gross tons or more commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 301. A person who willfully and maliciously cuts, breaks, or injures a vessel of ten gross tons and upwards that is the property of another is guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 610, Sec. 20. (SB 717) Effective January 1, 2010.)
  41. 302.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person who willfully and maliciously sinks or sets adrift another person’s vessel of ten gross tons or more commits a felony.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 302. A person who willfully and maliciously sinks or sets adrift a vessel of ten gross tons and upwards that is the property of another is guilty of a felony. (Amended by Stats. 2009, Ch. 610, Sec. 21. (SB 717) Effective January 1, 2010.)
  42. 303.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

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    A person who willfully and maliciously damages or releases another person’s wood or lumber raft commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 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, or other lumber, or cuts loose or sets adrift the raft or part of the raft, that is the property of another, is guilty of a misdemeanor. (Amended by Stats. 2006, Ch. 538, Sec. 342. Effective January 1, 2007.)
  43. 304.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

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    A person in charge of a vessel who willfully wrecks, sinks, injures, destroys, or permits damage to the vessel or its cargo in California, with intent to prejudice or defraud someone, commits a felony.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 304. A person in command or charge of a vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys it or any of its cargo, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud a person, is guilty of a felony. (Amended by Stats. 2009, Ch. 610, Sec. 22. (SB 717) Effective January 1, 2010.)
  44. 305.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person not covered by Section 304 who commits an act listed there is guilty of a felony.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 305. A person, other than one described in Section 304 who is guilty of any act specified in that section is guilty of a felony. (Amended by Stats. 2009, Ch. 610, Sec. 23. (SB 717) Effective January 1, 2010.)
  45. 306.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person commits a felony if they prepare, make, or sign a false or fraudulent shipping manifest, invoice, bill of lading, ship’s register, or protest with intent to defraud another.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 306. A person who prepares, makes, or subscribes a false or fraudulent manifest, invoice, bill of lading, ship’s register, or protest, with intent to defraud another, is guilty of a felony. (Amended by Stats. 2009, Ch. 610, Sec. 24. (SB 717) Effective January 1, 2010.)
  46. 307.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person must not moor or hang a vessel on a buoy or beacon, except a designated mooring buoy, and must not willfully damage or remove a buoy or beacon placed by competent authority.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 307. (a) A person who moors a vessel to, or hangs on with a vessel to, a buoy or beacon, except a designated mooring buoy, is guilty of an infraction, punishable by a fine of not more than one hundred dollars ($100). (b) A person who willfully removes, damages, or destroys a buoy or beacon, placed by competent authority in any navigable waters of this state, is guilty of a misdemeanor. (Amended by Stats. 2014, Ch. 67, Sec. 1. (SB 1162) Effective January 1, 2015.)
  47. 308.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person must not moor or attach a vessel to protected buoys or beacons, or damage or remove them, except for a designated mooring buoy. Violations are misdemeanors.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 308. A person who moors a vessel of any kind, to a buoy or beacon, except a designated mooring buoy, placed in the waters of the state by authority of the United States Coast Guard, or who in any manner hangs on to the same, with a vessel, or who willfully removes, damages, or destroys any such buoy or beacon, or any part of the buoy or beacon, or who cuts down, removes, damages, or destroys a beacon erected on land in this state by that authority, is, for every offense, guilty of a misdemeanor. (Amended by Stats. 2009, Ch. 610, Sec. 26. (SB 717) Effective January 1, 2010.)
  48. 309.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person convicted of a misdemeanor violation under this chapter may be fined up to $1,000, jailed up to six months in county jail, or both.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 309. A person found guilty of a misdemeanor violation as provided in this chapter shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (Added by Stats. 2009, Ch. 610, Sec. 27. (SB 717) Effective January 1, 2010.)
  49. 310.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. )

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    A person convicted of a felony violation in this chapter is subject to a fine of up to $5,000, imprisonment of 16 months, two or three years, or both.

    ## Harbors and Navigation Code - HNC ## DIVISION 2. NAVIGATION [240 - 310] ( Division 2 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Offenses [300 - 310] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## 310. Notwithstanding any other provision of law, a person found guilty of a felony violation as provided in this chapter shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two or three years, or both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 136. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  50. 32.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section defines “Department” or “Division” as the Division of Boating and Waterways in the Department of Parks and Recreation.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 32. “Department” or “Division” means the Division of Boating and Waterways in the Department of Parks and Recreation. (Amended by Stats. 2013, Ch. 352, Sec. 322. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  51. 33.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section defines “Director” and “deputy director” as the Deputy Director of Boating and Waterways.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 33. “Director” or “deputy director” means the Deputy Director of Boating and Waterways. (Amended by Stats. 2013, Ch. 352, Sec. 323. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  52. 34.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section defines “harbor.”

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 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 a place of safety for vessels, including the artificially protective works, the public lands ashore and the structures and facilities provided within the enclosed body of water and ashore for the mooring and servicing of vessels and the servicing of their crews and passengers. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  53. 35.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    “Channel” means a waterway navigable by vessels, including improved or created waterways and related navigation structures and facilities.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 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 and facilities created to facilitate navigation. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  54. 36.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    “Navigable waters” are defined as certain waters under U.S. Corps of Engineers jurisdiction and other waters within the state, except privately owned waters.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 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 exception of those privately owned. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  55. 38.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    Rules and regulations under this division must be adopted, repealed, amended, or modified according to the Government Code procedure referenced here.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 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 Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 454, Sec. 89.)
  56. 39.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    State-performed construction or development covered by this division and qualifying as a Public Contract Code project is subject to the State Contract Act.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 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 performed by the state, shall be subject to the State Contract Act. (Amended by Stats. 2001, Ch. 597, Sec. 7. Effective January 1, 2002.)
  57. 3900.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    This section says this part may be cited as the Harbor Development Bond Law of 1958.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3900. This part may be cited as the Harbor Development Bond Law of 1958. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  58. 3901.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    This section defines several terms used in the chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3901. As used in this chapter the following words shall have the following meanings: (a) “Committee” means the Harbor Improvement Bond Committee. (b) “Authority” means the San Francisco Port Authority, as the same is constituted by Part 1 (commencing at Section 1690) of Division 6 of the Harbors and Navigation Code, or any successor thereof. (c) “Commission” means the Harbors and Watercraft Commission, as the same is constituted by Division 1 (commencing with Section 30) of this code, or any successor thereof. (d) “San Francisco Harbor Improvement Fund” means the fund now existing in the State Treasury and created by Section 1706. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  59. 3902.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    This section creates four named funds in the State Treasury for use under this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3902. The following funds are created in the State Treasury for the purposes of this part: (a) Harbor Bond Sinking Fund. (b) Fifth San Francisco Seawall Fund. (c) Small Craft Harbor Bond Fund. (d) Small Craft Harbor Improvement Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  60. 3903.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The Harbor Improvement Bond Committee exists in state government, is made up of three named officials, and its chairman directs meeting times and places.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3903. There is in the State Government the Harbor Improvement Bond Committee. The committee shall consist of the State Controller, the State Treasurer, and the Director of Finance. The Director of Finance shall be the chairman of the committee. A majority of the members of the committee shall be empowered to act for the committee. The committee shall hold meetings at such times and places as the chairman shall direct or upon the written request of any two members of the board. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  61. 3904.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Committee members may not receive extra pay for services performed under this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3904. The members of the committee shall not receive additional compensation for their services under this part. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  62. 3905.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The Harbor Improvement Bond Committee may create state debt or liabilities to fund harbor construction, improvement, and development, but only within the limits set by this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3905. For the purpose of creating funds to provide for the construction, improvement and development of harbors in this State as provided in this part, the Harbor Improvement Bond Committee is authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the manner and to the extent hereinafter provided, but not otherwise, nor in excess thereof. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  63. 3906.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer must prepare the required bonds after the committee adopts a resolution, and the total par value of bonds issued under this part cannot exceed $60 million.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3906. After adoption of any resolution by the committee, provided for in Section 3907, the State Treasurer shall arrange for the preparation of the requisite number of suitable bonds in accordance with the specifications contained in such resolution. The aggregate par value of all bonds issued under this part shall not exceed the sum of sixty million dollars ($60,000,000). The authorization to issue bonds as herein set forth shall be a continuing authorization until all of said bonds shall have been issued and sold, but no bonds shall be issued or sold pursuant to this part subsequent to July 1, 1999. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  64. 3907.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The committee must review a certified bond-resolution request and, if it approves, authorize the State Treasurer to prepare and sell bonds on specified terms.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3907. Whenever the authority pursuant to Section 3940 or the commission pursuant to Section 3950 determines by resolution that a bond issue under this part is necessary or desirable in order to make any of the expenditures authorized by this part, and so certifies to the committee, then the said committee shall approve or disapprove said resolution, and if it approves said resolution, the committee shall adopt a resolution authorizing and directing the State Treasurer to arrange for the preparation of the requisite number of suitable bonds and shall specify as to such bonds then to be sold: (a) The aggregate number, aggregate par value, demoninations and the date of the bonds to be then sold. The bonds may be issued in series or divisions of the total authorized issue. Such demoninations shall be in the sum of one thousand dollars ($1,000), or multiples thereof. The date appearing on the bonds or series or division shall be deemed to be the date of issuance of such series or division for all purposes of this part, irrespective of the actual date of delivery of such bonds of such series or division and the payment of the purchase price thereof. (b) The dates of maturity, and the amount and numercial sequence of the bonds maturing at each date of maturity, which amounts need not be equal, but which dates shall be at annual or semiannual intervals, and the first of which dates of maturity shall be not more than five years, and the last of which dates of maturity shall be not more than 50 years, after the date of the bonds or any series or division thereof. (c) Whether or not the bonds are to be subject to redemption at the option of the authority or the commission, as the case may be, prior to maturity, and, if so, the provisions for such redemption, the manner of the call thereof, and the price or prices at which the bonds shall be subject to redemption. (d) The annual rate, or rates, of interest which the bonds to be issued shall bear, which rate, or rates, at the discretion of the committee, may be determined by the bidder at the time of sale of said bonds, not to exceed 6 percent per annum. Such interest may be payable at such periods as may be fixed by the committee. (e) The technical form and language of the bonds and interest coupons. (f) Whether or not the right is reserved to make delivery in the form of temporary or interim bonds, certificates, or receipts, exchangeable for definitive bonds when executed and available for delivery, and if such right is reserved the denominations and form of such temporary securities. (g) Whether or not the bonds are to be subject to registration, the demoninations of registered bonds and the provisions, if any, for the interexchange of bonds of different denominations, the issuance of new bonds of different denominations in lieu of, or in exchange for, bonds of a like aggregate principal amount but of different denominations and the form and all of the terms and conditions of such registration and of such exchange. If such registration is provided for, all of the provisions of this part with reference to the payment of bonds and interest coupons shall be subject to the terms and conditions of such registration with respect to the payment of registered bonds and the interest thereon. (h) All other terms and conditions of the bonds and of the execution, issuance and sale thereof, which shall be consistent with all of the provisions of this part. (i) The committee may authorize the State Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the State Treasurer. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  65. 3908.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Bonds issued under this part have aggregate par value caps: $50 million for bonds issued at the instance of the authority, and $10 million for bonds issued at the instance of the commission.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3908. The aggregate par value of all bonds issued under this part at the instance of the authority shall not exceed fifty million dollars ($50,000,000) and the aggregate par value of all bonds issued under this part at the instance of the commission shall not exceed ten million dollars ($10,000,000). (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  66. 3909.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Bonds issued under this part must carry specified facsimile signatures, endorsements, and the Great Seal, and must include a clause that interest stops at maturity.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3909. All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and shall be endorsed by the State Treasurer by facsimile signature and the bonds shall be signed, countersigned and endorsed by the officers who shall be in office on the date of the adoption of the resolution of the committee, and each of the bonds shall bear a facsimile of the Great Seal of the State of California. Interest coupons attached to each bond shall bear the facsimile signature of the State Treasurer who shall be in office on the date of the adoption of the resolution of the committee. The bonds and coupons so signed, countersigned, endorsed and sealed, when sold and delivered, shall be and constitute a valid and binding obligation upon the State of California, although the sale or delivery thereof be made at a date or dates upon which the officers having signed, countersigned and endorsed the bonds, or any or either of such officers, shall have ceased to be the incumbents of the offices held by them at the time of signing, countersigning, or endorsing such bonds. Each bond issued under this part shall contain a clause or clauses stating that interest shall cease to accrue thereon from and after the date of maturity thereof, and referring to the resolution of the committee, by virtue of which the bond is issued. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  67. 3910.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    State officers responsible for collecting revenue must take the steps needed to collect an additional annual amount for bond principal and interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3910. All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof. There is hereby appropriated from any available moneys in the account established in the Harbor Bond Sinking Fund pursuant to subdivision (a) of Section 3918.5, or if such moneys are insufficient, then from the General Fund of the State of California, such sum annually as will be necessary to pay the principal of and interest on the bonds issued and sold at the instance of the authority pursuant to the provisions of this part, as such principal and interest become due and payable. There is hereby appropriated from any available moneys in the account established in the Harbor Bond Sinking Fund pursuant to subdivision (b) of Section 3918.5, or if such moneys are insufficient then from the General Fund of the State of California, such sum annually as will be necessary to pay the principal of and interest on the bonds issued and sold at the instance of the commission pursuant to the provisions of this part, as such principal and interest become due and payable. Any sums withdrawn from the General Fund for the payment of principal of or interest on the bonds shall be returned to the General Fund as soon as moneys are available for that purpose in the Harbor Bond Sinking Fund account for the benefit of which the appropriation had been made from the General Fund, together with interest thereon at the same rate as, at the time of appropriation, is earned by short term current investments through the pooled money investment account, such earnings to be determined by the Controller. There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the State, as shall be required to pay the principal and interest on said bonds as herein provided, and it is hereby made the duty of all officers charged by law with any duty in regard to the collections of said revenue, to do and perform each and every act which shall be necessary to collect such additional sum. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  68. 3911.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The committee must set bond maturity dates and amounts by reference to expected Harbor Bond Sinking Fund revenues, as far as practicable.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3911. In determining the dates of maturity of the bonds, and the amount thereof to mature at each date of maturity, the committee shall be guided, so far as it may deem to be practicable, by the amounts of the revenue estimated to accrue to the Harbor Bond Sinking Fund. The committee shall fix and determine the dates and amounts of such maturities in such manner that, together with the dates and amounts of interest payments on the bonds, they shall coincide, as nearly as it may deem to be practicable, with the dates and amounts of such estimated revenue. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  69. 3912.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    This section lets bond interest rates vary within the same issue, series, or division, and requires the committee to set the rates before sale; if bonds are sold on bidder-named rates, the State Treasurer must set the rates to match the successful bid.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3912. The rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue, series or division and shall be the rate or rates fixed and determined by the committee in a resolution adopted prior to the sale of the bonds or as specified in the bid accepted by the State Treasurer if the bonds are sold on the basis of the bidder naming the interest rate or rates, in which event the State Treasurer shall fix such rate or rates in conformity with the bid of the successful bidder. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  70. 3913.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The bonds’ principal and interest must be paid in lawful U.S. money at the State Treasurer’s office or at an authorized state fiscal agent’s office.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3913. Both principal of and interest on the bonds shall be payable in lawful money of the United States, at the Office of the State Treasurer, or at the office of any duly authorized fiscal agent of the State. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  71. 3914.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Each bond must include a reference to this part, and if it can be called or redeemed before maturity, it must also say so.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3914. Each bond shall contain a reference to this part and if subject to call or redemption prior to maturity, a recital to that effect. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  72. 3915.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer must sell the bonds to the highest bidder for cash, using public auction or sealed bids, and may reject or continue the sale in some cases.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3915. The bonds authorized to be issued under this part shall be sold by the State Treasurer to the highest bidder for cash, either at public auction or upon sealed bids as the committee may by resolution determine. Highest bidder shall be the bidder whose bid will result in the lowest net interest cost on account of said bonds. If the State Treasurer determines that the bids received are not satisfactory as to price or responsibility of the bidders, the State Treasurer may reject all bids received. The Treasurer may from time to time, by public announcement at the place and time fixed for the sale, continue such sale, as to the whole of the bonds offered, or any part thereof offered, at such time and place as he may select. If the bonds are offered for sale upon sealed bids, then each bid shall be in writing and signed by the bidder and sealed, and shall be accompanied by the deposit of a certified check or cashier’s check for one-half of one percent (0.5%) of the par value of the bonds so offered for sale, but not exceeding one hundred thousand dollars ($100,000), drawn on a bank or trust company authorized to transact and transacting business in the State of California, payable to the Treasurer of the State of California, such deposit not to bear interest. The deposit of each unsuccessful bidder shall be returned to him immediately upon the nonacceptance of his bid, and the deposit of the successful bidder shall immediately upon the acceptance of his bid become and be the property of the State of California and be placed in the State Treasury to the credit of the Fifth San Francisco Seawall Fund with respect to bonds issued at the instance of the authority and to the credit of the Small Craft Harbor Bond Fund with respect to bonds issued at the instance of the commission, and shall be credited to the successful purchaser upon the purchase price of the bonds bid for in case such purchase price is paid in full by him within the time mutually agreed upon between the successful bidder and the Treasurer. If the purchase price is not so paid, the successful bidder shall have no right in and to the bonds or by reason of such bid, or to the recovery of the deposit accompanying the bid, or to any allowance or credit by reason of such deposit unless it shall appear that the bonds would not be validly issued if delivered to the purchaser in the form and manner proposed. In case the purchase price is not so paid, the bonds so sold but not paid for shall be resold by the State Treasurer upon notice as provided in case of original sale. Temporary or interim bonds, certificates, or receipts of any denomination whatever and with or without coupons attached thereto, to be signed by the State Treasurer, may be issued and delivered until the definitive bonds are executed and available for delivery. Signature of the State Treasurer may be by facsimile or signature stamp. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  73. 3916.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer must publish notice of bond sales in newspapers in San Francisco, Sacramento, and Los Angeles for two weeks before the sale, and may give additional notice if advisable.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3916. Due notice of the time and place of sale of all bonds shall be given by the State Treasurer by publication in one newspaper published in the City and County of San Francisco and also by publication in one newspaper published in the City of Sacramento and by publication in one newspaper published in the City of Los Angeles once a week during two weeks prior to such sale. In addition to the notice last above provided for, the State Treasurer may give such further notice as he may deem advisable. All money secured from the sale of bonds issued at the instance of the authority, other than such amount as may have been paid as premium or accrued interest thereon, and excluding any amount paid pursuant to Section 3916.5, shall be placed in the State Treasury to the credit of the Fifth San Francisco Seawall Fund. All money secured from the sale of bonds issued at the instance of the commission, other than such amount as may have been paid as premium or accrued interest thereon, and excluding any amount paid pursuant to Section 3916.5 shall be placed in the State Treasury to the credit of the Small Craft Harbor Bond Fund. Any premium or accrued interest received on the sale of bonds issued and sold at the instance of the authority shall be deposited in the account established in the Harbor Bond Sinking Fund pursuant to subdivision (a) of Section 3918.5, and any premium or accrued interest received on the sale of bonds issued and sold at the instance of the commission shall be deposited in the account established in the Harbor Bond Sinking Fund pursuant to subdivision (b) of Section 3918.5. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  74. 3916.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    $75,000 is appropriated from the General Fund as a revolving fund to pay specified bond-related expenses.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3916.5. The sum of seventy-five thousand dollars ($75,000) is hereby appropriated out of the General Fund to be used as a revolving fund to pay the expenses incurred by the State Treasurer in having the bonds prepared and in advertising their sale or their prior redemption, for expenses incurred by the committee, and for legal services. Whenever bonds are sold at the instance of the authority out of the first money realized from their sale, there shall be redeposited in the revolving fund such sums as have been expended for the above purposes with respect to such bonds, which may be used for the same purpose and repaid in the same manner whenever additional sales are made. Whenever bonds are sold at the instance of the commission, out of the first money realized from their sale, there shall be redeposited in the revolving fund such sums as have been expended for the above purposes with respect to such bonds, which may be used for the same purpose and repaid in the same manner whenever additional sales are made. Whenever all the bonds authorized by this part have been sold, the amount of the appropriation made by this section shall revert to the unappropriated surplus in the General Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  75. 3917.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The committee may issue, sell, or exchange refunding bonds to redeem or retire committee bonds, if the original bond terms allow redemption or retirement.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3917. The committee may provide for the issuance, sale or exchange of refunding bonds out of the bonds issued under this part for the purpose of redeeming or retiring any bond issued by the committee if, under the terms of that issue, the bonds issued thereunder may be redeemed or retired. Any bonds issued hereunder may be redeemed or retired if the resolution under which the bonds are issued so permits. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  76. 3918.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The Harbor Bond Sinking Fund is funded by transfers from specified harbor improvement funds, as ordered by the authority or the commission, to pay bond principal and interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3918. For the payment of the principal and interest of the bonds the Harbor Bond Sinking Fund shall consist of the following: (a) Payments from any available moneys in the San Francisco Harbor Improvement Fund, from time to time on order of the authority, of amounts equaling, in the aggregate: (1) That required under this part to be expended from the Harbor Bond Sinking Fund and the General Fund, to pay the principal and interest on all bonds issued at the instance of the authority; (2) Plus interest as required to be paid to the General Fund under Section 3910 on any amounts paid from the General Fund by reason of insufficient payments having been made from the San Francisco Harbor Improvement Fund to pay, when due, the principal and interest on any bonds issued at the instance of the authority; (3) Less the amount equal to any interest that accrues from the investment of money in the Harbor Bond Sinking Fund which has been paid into that fund from the San Francisco Harbor Improvement Fund. (b) Payments from any available moneys in the Small Craft Harbor Improvement Fund from time to time, on order of the commission, of amounts equaling, in the aggregate: (1) That required under this part to be expended from the Harbor Bond Sinking Fund and the General Fund, to pay the principal and interest on all bonds issued at the instance of the commission; (2) Plus interest required to be paid to the General Fund under Section 3910 on any amounts paid from the General Fund by reason of insufficient payments having been made from the Small Craft Harbor Improvement Fund to pay, when due, the principal and interest on any bonds issued at the instance of the commission. (3) Less the amount equal to any interest that accrues from the investment of money in the Harbor Bond Sinking Fund which has been paid into that fund from the Small Craft Harbor Improvement Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  77. 3918.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Separate accounts must be set up in the Harbor Bond Sinking Fund for specified improvement funds, and the money in each account may be used only for stated Section 3918 purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3918.5. (a) A separate account shall be established in the Harbor Bond Sinking Fund, in which shall be deposited all money paid into such fund from the San Francisco Harbor Improvement Fund. The money deposited to such account shall be expended only for the purposes described in subsections (1) and (2) of subdivision (a) of Section 3918. (b) A separate account shall be established in the Harbor Bond Sinking Fund, in which shall be deposited all money paid into such fund from the Small Craft Harbor Improvement Fund. The money deposited in such account shall be expended only for the purposes described in subsections (1) and (2) of subdivision (b) of Section 3918. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  78. 3919.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer must invest Harbor Bond Sinking Fund money in specified bonds, keep enough cash on hand to pay state bond principal and interest when due, and deposit investment interest as directed.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3919. The State Treasurer shall on Controller’s warrants duly drawn for that purpose, invest the moneys in the Harbor Bond Sinking Fund in the purchase of the bonds of the United States, or of the State of California, including any bonds authorized, issued and theretofore sold under authority of this part or of the several counties, municipalities, school districts, or other public agencies of the State of California, which bonds shall be kept in a proper receptacle, appropriately labeled; but he shall keep on hand a sufficient amount of money in the sinking fund with which to pay the principal and interest on such of the state bonds as the same become due. The State Treasurer may only purchase such bonds authorized and issued under authority of this part with moneys in the sinking fund as have been theretofore sold. Interest accruing upon investment made from moneys in the Harbor Bond Sinking Fund shall be deposited in the respective accounts thereof from which the money invested was derived unless otherwise required under any resolution providing for the issuance of revenue bonds to be credited to the San Francisco Harbor Improvement Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  79. 3919.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The authority may invest surplus money from the Fifth San Francisco Seawall Fund in specified bonds or other public obligations, and may also invest in bank certificates of deposit if the required finance approval is obtained.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3919.3. The authority is authorized with the approval of the Department of Finance, to invest any surplus moneys in the Fifth San Francisco Seawall Fund in bonds or other obligations of the United States, or of the several counties, municipalities, school districts, or other public agencies of the State of California, and to sell such bonds or obligations, or any of them, at the governing market rates, upon approval of the Department of Finance; or the authority may, with the approval of the Director of Finance, invest money in such fund, in interest-bearing certificates of deposit of state banks having a paid-up capital of five hundred thousand dollars ($500,000) or more; provided, the total amount of money so deposited with any one bank shall not exceed a sum equal to 50 percent of the paid-up capital of such bank; provided, however, nothing herein contained shall inhibit the depositing in banks in accordance with Chapter 4 (commencing at Section 16500), Part 2, Division 4, Title 2 of the Government Code, of money of any of the funds subject to the control of the authority or appropriated for their use. Interest accruing upon the deposit of money of the fund shall be paid into and credited to the San Francisco Harbor Improvement Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  80. 3920.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    If the committee thinks a legal opinion will help sell the bonds or raise their price, it may authorize the State Treasurer or the Department of Finance to get one, other than one from the Attorney General. Legal fees are paid from bond-sale proceeds or other available funds.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3920. Whenever the committee deems that it will increase the salability or the price of the bonds to obtain, prior to or after sale, a legal opinion, other than that of the Attorney General, as to the validity of the bonds, the committee may authorize the State Treasurer or the Department of Finance, or both, to obtain such a legal opinion. Payment for such legal services shall be made from the proceeds of the sale of the bonds, or any other funds available to the authority with respect to bonds authorized pursuant to Section 3940 or the commission with respect to bonds authorized pursuant to Section 3950. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  81. 3921.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer must pay bond principal and coupons on the relevant due dates, or as soon after surrender as they are presented, including through a state fiscal agent or agents.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3921. The State Treasurer directly or through a state fiscal agent, or agents, shall, on the respective dates of maturity of all bonds, or on the date fixed for the prior redemption of any thereof which may be duly called for redemption, and on the respective due dates of all coupons pertaining to any of said bonds, other than coupons canceled because of the redemption of any of said bonds prior to maturity, or as soon thereafter as said bonds or coupons respectively are surrendered to him, or to such state fiscal agent, or agents, pay the same. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  82. 3922.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer or fiscal agent must mark paid bonds or coupons, keep a record of payment, and cancel certain unsold bonds and coupons at maturity or due date.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3922. Upon the payment of any such bond or coupon, the State Treasurer, or such state fiscal agent, or agents, shall perforate the same with a suitable device in a manner to indicate such payment and a record of such payment shall be made thereof. The State Treasurer, or such state fiscal agent, or agents, shall also on the respective dates of maturity of any such bonds which have been executed but which remain unsold, cancel the same by perforation with a suitable device in a manner to indicate such cancellation and the date thereof, and on the respective due dates of all coupons attached to any such bond remaining unsold, shall detach all such coupons the due date of which has been reached, and cancel them in the same manner as provided for the cancellation of bonds remaining unsold. After proceedings set forth in Section 3907 new bonds conforming to the directions of the committee may be prepared and executed in lieu of any bonds so canceled, and may be sold and issued in the same manner as provided for other bonds in this part. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  83. 3923.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer, and state fiscal agents with the Treasurer’s approval, may destroy or cremate bonds and related coupons that have already been paid or canceled.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3923. The State Treasurer, or such state fiscal agent, or agents, with the approval of the State Treasurer, may destroy or cremate any or all bonds and any or all coupons pertaining thereto which have been previously paid or canceled as provided herein in accordance with the provisions of Government Code Section 16772. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  84. 3924.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Treasurer must pay the interest on the bonds when it is due, using the money provided for in this part and on duly drawn Controller’s warrants.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3924. It shall be the duty of the State Treasurer to pay the interest of said bonds, when the same falls due, out of the moneys provided for in this part, on Controller’s warrants duly drawn for that purpose. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  85. 3925.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Bonds issued and sold under this part are treated as called in at maturity, and the State Treasurer must pay matured bonds when they are surrendered, using duly drawn Controller’s warrants.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3925. All bonds issued under this part and sold shall be deemed to have been called in at their respective dates of maturity and the State Treasurer shall, on the respective dates of maturity of said bonds, or as soon thereafter as said matured bonds are surrendered to him, pay the same upon Controller’s warrants duly drawn for that purpose. The provisions of this section shall be applicable also to the interest coupons pertaining to the bonds authorized by this part to be issued. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  86. 3926.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    If the committee finds certain outstanding bonds should be redeemed and enough money will be available, it may direct the State Treasurer to call and redeem them.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3926. Whenever the committee shall determine that any bonds then outstanding, and which by their terms are subject to redemption prior to maturity, should be redeemed, and that money sufficient for such redemption will be available at the time proposed for such redemption, it may, by resolution, direct the State Treasurer to call and redeem any such bonds, at a time specified in such resolution, and the State Treasurer shall thereupon give notice of such proposed redemption and redeem the bonds in accordance with the provisions for redemption provided for in the resolution of the committee adopted under Section 3907 pursuant to which the bonds were issued. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  87. 3927.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The State Controller and State Treasurer must keep full records of their proceedings and send an abstract of those proceedings to the Governor. The relevant books and papers must be open to inspection by specified persons.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3927. The State Controller and the State Treasurer shall keep full and particular account and record of all their proceedings under this part, and they shall transmit to the Governor an abstract of all such proceedings thereunder. All books and papers pertaining to the matter provided for in this part shall at all times be open to the inspection of any party interested, or the Governor, or the Attorney General, or a committee of either house of the Legislature, or a joint committee of both, or any citizen of the State. (Amended by Stats. 2001, Ch. 745, Sec. 124. Effective October 12, 2001.)
  88. 3928.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    After the relevant bonds and interest are fully paid and canceled, any money left in the Harbor Bond Sinking Fund must be transferred to the specified harbor improvement fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 1. General Provisions [3900 - 3928] ( Chapter 1 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3928. All money remaining in the account of the Harbor Bond Sinking Fund, established pursuant to subdivision (a) of Section 3918.5, after the principal of and interest upon all bonds issued under this part at the instance of the authority have been paid in full and after all such bonds and interest coupons therefrom have been canceled, shall be paid into the San Francisco Harbor Improvement Fund to be expended in accordance with law. All money remaining in the account of the Harbor Bond Sinking Fund, established pursuant to subdivision (b) of Section 3918.5, after the principal of and interest upon all bonds issued under this part at the instance of the commission have been paid in full and after all such bonds and interest coupons therefrom have been canceled, shall be paid into the Small Craft Harbor Improvement Fund to be expended in accordance with law. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  89. 3940.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 2. San Francisco Harbor [3940 - 3942] ( Chapter 2 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    If the authority decides by resolution that bond financing is necessary or desirable for specified San Francisco Harbor improvements or to redeem outstanding prior bonds, it must certify that to the committee. The funds raised may not exceed $50 million in the aggregate.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 2. San Francisco Harbor [3940 - 3942] ( Chapter 2 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3940. Whenever the authority determines by resolution that it is necessary or desirable to obtain funds through the sale of bonds as provided for in this part to provide for the improvement of San Francisco Harbor and its facilities, including wharves, piers, seawalls, railroads, spurs, streets, and appurtenances to any of the foregoing, and personal or real property used in connection therewith, and any necessary dredging and filling in connection therewith by the authority, and to redeem bonds authorized prior to the enactment of this part and outstanding, the authority shall so certify to the committee. Funds so secured shall not exceed, in the aggregate, fifty million dollars ($50,000,000). (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  90. 3941.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 2. San Francisco Harbor [3940 - 3942] ( Chapter 2 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

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    The authority may make the improvements or purchases listed in Section 3940 and spend money from the Fifth San Francisco Seawall Fund, as authorized by law.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 2. San Francisco Harbor [3940 - 3942] ( Chapter 2 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3941. The authority may make improvements or purchases specified in Section 3940 and expend from the Fifth San Francisco Seawall Fund, in the manner authorized by law, any and all funds therein, derived from the sale of bonds as provided in this part. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  91. 3942.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 2. San Francisco Harbor [3940 - 3942] ( Chapter 2 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The authority must make payments from the San Francisco Harbor Improvement Fund to the Harbor Bond Sinking Fund as required by Section 3918.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 2. San Francisco Harbor [3940 - 3942] ( Chapter 2 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3942. The authority shall make payments from the San Francisco Harbor Improvement Fund to the Harbor Bond Sinking Fund as required under Section 3918. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  92. 3950.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    If the commission resolves that bond financing is necessary or desirable, it must certify that to the committee. The bonds may fund loans for small craft harbor projects, and the funds secured cannot exceed $10 million in the aggregate.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3950. Whenever the commission determines by resolution that it is necessary or desirable to obtain funds through the sale of bonds as provided for in this part to provide loans to cities, cities and counties, counties, and districts having power to acquire, construct, and operate small craft harbors, for the planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection therewith, and connecting waterways, in accordance with the provisions of the Division 1 (commencing with Section 30) of this code, the commission shall so certify to the committee. Funds so secured shall not exceed, in the aggregate, ten million dollars ($10,000,000). (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  93. 3951.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The commission may spend money from the Small Craft Harbor Bond Fund for the purposes listed in Section 3950, using the legally authorized manner.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3951. The commission may expend from the Small Craft Harbor Bond Fund in the manner authorized by law any and all funds therein derived from the sale of bonds as provided in this part for the purposes specified in Section 3950. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  94. 3952.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    Money the commission receives as repayment of loan principal and interest under this part must be paid into the State Treasury for the Small Craft Harbor Improvement Fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3952. All money received by the commission in repayment of the principal and interest of any loan made from funds secured under this part shall be paid into the State Treasury to the credit of the Small Craft Harbor Improvement Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  95. 3953.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. )

    Verify source ↗

    The commission must make payments from the Small Craft Harbor Improvement Fund to the Harbor Bond Sinking Fund as required by Section 3918.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 4. HARBOR DEVELOPMENT BOND LAW OF 1958 [3900 - 3953] ( Part 4 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## CHAPTER 3. Small Craft Harbors [3950 - 3953] ( Chapter 3 added by Stats. 1958, 1st Ex. Sess., Ch. 103. ) ## 3953. The commission shall make payments from the Small Craft Harbor Improvement Fund to the Harbor Bond Sinking Fund as required under Section 3918. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
  96. 3980.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 6. Emergency Response and Evacuation [3980- 3980.] ( Part 6 added by Stats. 2006, Ch. 859, Sec. 1. )

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    Emergency-preparedness agencies must work with harbor agencies in their jurisdiction to integrate harbor emergency, response, and evacuation procedures with agency activities.

    ## Harbors and Navigation Code - HNC ## DIVISION 6. HARBORS AND PORTS [1690 - 3980] ( Division 6 enacted by Stats. 1937, Ch. 368. ) ## PART 6. Emergency Response and Evacuation [3980- 3980.] ( Part 6 added by Stats. 2006, Ch. 859, Sec. 1. ) ## 3980. Local, regional, and statewide agencies responsible for emergency preparation and response activities shall work with all harbor agencies, as defined in Section 1694, within their jurisdiction, to ensure integration of the harbor agencies’ respective emergency preparation, response, and evacuation procedures with the agencies’ activities. (Added by Stats. 2006, Ch. 859, Sec. 1. Effective January 1, 2007.)
  97. 399.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section limits the Division’s reach: it does not apply beyond the state’s legislative power, except where federal law or the U.S. Constitution allows it.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 state, except in so far as they may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress. (Enacted by Stats. 1937, Ch. 368.)
  98. 4.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    Actions or proceedings started before the code takes effect, and rights already accrued, are not affected; however, procedure taken should conform to the code as far as possible.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 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 conform to the provisions of this code as far as possible. (Enacted by Stats. 1937, Ch. 368.)
  99. 40.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    Harbor facilities established under this division must be open to everyone on equal and reasonable terms.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 1. General Provisions and Definitions [30 - 40] ( Chapter 1 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 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 the department may authorize construction of separate facilities and reasonable allocations within the same harbor for separate use by commercial and recreational vessels, and project funding may not be denied solely on the basis that such separate facilities and allocations for such separate use within the same harbor is required by a regulatory agency so long as such requirement is determined by the director, after consultation with the affected regulatory agencies, to be reasonable. (Amended by Stats. 1978, Ch. 673.)
  100. 400.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section defines “appurtenances” for vessels.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 of the voyage and adventure in which it is engaged. (Enacted by Stats. 1937, Ch. 368.)
  101. 4000.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

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    A county board of supervisors may, with Public Utilities Commission approval, authorize construction of a wharf, chute, or pier on certain waterfront lands and allow tolls for 20 years.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4000. The board of supervisors of any county may, upon approval of the Public Utilities Commission, grant authority to any person to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situated in or bounding the county, with a license to take tolls for its use for the term of 20 years. (Amended by Stats. 1983, Ch. 142, Sec. 63.)
  102. 4001.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

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    County supervisors may, with required approval, authorize construction of a recreational or boating wharf on certain seashore lands and allow tolls for up to twenty years.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4001. The board of supervisors of each county may upon approval of the Department of Finance through the Chief of the Division of State Lands, grant authority to any city, county or person, to construct a wharf for recreational, pleasure or boating purposes, on any lands bordering the seashore other than lands referred to in section 4000, situated in or bounding the county, with a license to take tolls for its use for a term of twenty years. (Enacted by Stats. 1937, Ch. 368.)
  103. 4002.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

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    An applicant must publish notice and file a written petition to apply for this authority.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4002. Application for such authority is made by publishing notice as required in the next section, and by filing a petition in writing, containing: (a) The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation. (b) A map of the waters, and the name and location thereof, and of the adjoining lands. (c) A plan of the wharf or chute proposed to be constructed, and of the land within three hundred feet thereof. (d) The names of the owners of the lands, and the quantity sought to be used, and whether the right to use it has been or is to be acquired by the applicant. (e) The distance it is proposed to extend the wharf or chute into the waters. (f) The estimated cost of the construction of the wharf or chute. (g) The time when the application will be made. (Enacted by Stats. 1937, Ch. 368.)
  104. 4003.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    An applicant must publish notice in newspapers for the affected counties, or use an adjoining-county newspaper plus posted notices if no county newspaper exists.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4003. Each applicant shall publish a notice in at least one newspaper in each county which the wharf or chute touches, and in which it is located or which it will touch or in which it will be located. If there is no newspaper located in the county, then publication shall be made in a newspaper published in an adjoining county and notices shall be posted in three public places in the proper counties for four successive weeks. The notices shall specify the proposed location of the wharf or chute and shall also state the time and place at which the application will be made. (Enacted by Stats. 1937, Ch. 368.)
  105. 4004.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

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    If land for a wharf or chute is not owned by the applicant, or a right of way has not been obtained by agreement, the applicant must include the facts and land description in the petition, and the county sheriff must serve the notice of application on the owner at least 10 days before the hearing.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4004. When any lands sought to be appropriated and used for a wharf or chute are not owned by the applicant or if a right of way and use has not been obtained by agreement, these facts and the particular description of the land shall be set forth in the petition of the applicant, and a copy of the notice of application shall be served on the owner by the sheriff of the county, at least ten days prior to the day set for the hearing. The sheriff’s official return is conclusive evidence of service. (Enacted by Stats. 1937, Ch. 368.)
  106. 4005.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section tells the sheriff how to serve notice of application depending on the owner’s status and availability of an occupant or agent.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4005. If the owner of the land is a nonresident of the county, the sheriff may make service by leaving a copy of the notice of application with the occupant, or agent of the owner. If there is no occupant, or agent of the owner, the sheriff may place a copy in the post office addressed to the owner 30 days prior to the day set for the hearing. If the owner is a minor, has a mental health disorder, lacks mental capacity, or is a decedent, notice shall be served on the owner’s guardian, administrator, or other legal representative. (Amended by Stats. 2019, Ch. 9, Sec. 2. (AB 46) Effective January 1, 2020.)
  107. 4006.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must hear proof of notice and objections, and may grant the applicant permission to build a wharf or chute and collect tolls for up to 20 years.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4006. On the day named in the notice, or to which the hearing is adjourned, the board shall hear proof of the publication and service of notice. If the proof is satisfactory, the board shall hear the allegations of the petition and any objections to the granting of the application, and proofs in support of each. If from the proofs it appears that the public good or convenience will be promoted thereby, the board may grant to the applicant the right to erect or construct a wharf or chute as prayed for, and to take tolls for its use for the term of twenty years. (Enacted by Stats. 1937, Ch. 368.)
  108. 4007.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The grant gives the grantee or applicant a 50-foot right of way and necessary use over specified state lands for wharf or chute purposes for 20 years.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4007. The grant conveys to the grantee or applicant the right of way and all necessary use, for the purposes of the wharf or chute, of any of the overflowed, submerged, or tidelands belonging to the State, and a right of way over any swamp, overflowed, marsh, or tidelands lying between the wharf or chute and high or dry land, fifty feet in width, for twenty years. The grant shall particularly describe the extent of the property subject to the right of way. (Enacted by Stats. 1937, Ch. 368.)
  109. 4008.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The grant includes a right to keep the land and water beside the wharf or chute clear and unobstructed for vessel landing, loading, and unloading.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4008. The grant carries with it the right to have unencumbered and unobstructed the land and water on each side of the wharf or chute from high-water mark to navigable water, for a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose. (Enacted by Stats. 1937, Ch. 368.)
  110. 4009.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A grantee may not construct a wharf or chute, or take tolls on it, until the needed right-of-way and other incidental land uses have been obtained from the owner.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4009. After authority to construct a wharf or chute has been granted, until the grantee has procured from the owner the right-of-way and other necessary incidental uses of any lands necessary for the wharf or chute, there is no authority to construct a wharf or chute or to take tolls thereon. (Amended by Stats. 1975, Ch. 1240.)
  111. 401.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section classifies vessels as engaged in foreign navigation, domestic navigation, or fisheries.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 country; and in domestic navigation, when passing from place to place within the United States. (Enacted by Stats. 1937, Ch. 368.)
  112. 4010.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Wharves or chutes may not be wider than 75 feet; they may extend to navigable water, and some wharves on navigable waters may extend along the shore up to 1,000 feet if navigation is not obstructed.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4010. The wharf or chute shall not be of a greater width than seventy-five feet, and it may extend to navigable water. A wharf constructed upon any of the navigable rivers, straits, sloughs, and inlets in this State may extend along the shores for a distance not exceeding one thousand feet if it does not obstruct the free navigation of the water on which it is situated. This section does not apply to the water fronts of incorporated cities or towns. (Enacted by Stats. 1937, Ch. 368.)
  113. 4011.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    An applicant must file and record certain grant documents with the county recorder and pay the related recorder, clerk, sheriff, and other officer fees.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4011. The orders granting authority, and agreements, contracts, deeds, and decrees of courts granting the right of way and other use of lands, shall be filed and recorded in the office of the recorder of the county in which the wharf or chute is situated, and constitutes the franchise of the applicant. The fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, shall be paid by the applicant. (Enacted by Stats. 1937, Ch. 368.)
  114. 4012.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must set wharfage or toll rates each year and then give the owner a copy and post the rates on the wharf or chute.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4012. The board shall annually fix the rate of tolls or wharfage for the use of the wharf or chute, to produce an income of not less than fifteen nor more than twenty-five per cent per annum on the fair cash value of the wharf or chute, and on the cost of its repair and maintenance, exclusive of the amount paid for the license required by this chapter. The value, and the cost of repair and maintenance shall be fixed by the board when fixing the rates of tolls or wharfage, by hearing evidence and examining the assessment rolls of the county. When fixed, the rates shall be furnished the owner, and a printed or written copy conspicuously posted on the wharf or chute. (Enacted by Stats. 1937, Ch. 368.)
  115. 4013.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a wharf or chute is completed and its tolls or wharfage are fixed, the owner is entitled to a one-year license to take tolls.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4013. When the wharf or chute is completed and the tolls or wharfage fixed, the owner is entitled to a license to take tolls for the term of one year. The license shall be issued by the county auditor on the payment of such license tax as the board may fix, which tax, except for the first year, shall not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year. The fee shall be paid to the county treasury for general road purposes. (Enacted by Stats. 1937, Ch. 368.)
  116. 4014.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    An owner or keeper of a wharf or chute that charges toll or wharfage must pay a $25 forfeiture and is liable for resulting damage if the wharf or chute is not kept in good repair or is unsafe.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4014. An owner or keeper of a wharf or chute who takes toll or wharfage for its use forfeits the sum of twenty-five dollars, and is liable for all damage occasioned, if he fails to keep it in good repair, or if it is unsafe or dangerous. The penalty may be recovered by order of the board which granted the authority, for the use of the general road fund of the county. (Enacted by Stats. 1937, Ch. 368.)
  117. 4015.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Authority under this chapter cannot be granted if it would interfere with vested rights or State grants, and permission to build a wharf or chute ends after two years unless the work is completed sooner.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4015. Authority shall not be granted under this chapter which will interfere with vested rights, or interfere with or infringe grants made by State authority. Authority to construct a wharf or chute does not continue for a longer period than two years, unless it is completed within that time. (Enacted by Stats. 1937, Ch. 368.)
  118. 4016.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Some state lands and certain lands inside incorporated cities or towns are excluded from this chapter. Outside San Francisco, municipal authorities may grant authority to build wharves or chutes under the same framework used for boards of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4016. The lands of the State situated in the city of San Francisco, and those otherwise disposed of or situated within the limits of any incorporated town or city of this State, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves or chutes as is herein provided for the boards of supervisors. (Enacted by Stats. 1937, Ch. 368.)
  119. 4017.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A county board of supervisors may authorize a railroad corporation to build and use a wharf for terminal purposes, collect tolls, and do so on specified conditions and limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Private Wharves and Piers [4000 - 4017] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 4017. A board of supervisors of a county may grant any railroad corporation authority to construct a wharf on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough or arm of the sea situated in or bounding the county, with a license to take tolls for its use for the term of the corporate existence of the railroad corporation, not exceeding fifty years, whenever the board finds the use of the wharf or pier is necessary to the exercise of the franchise of the railroad corporation for terminal purposes. The authority may be granted without offering it for sale. Nothing contained in this chapter shall be construed to limit the powers of a board to grant the right to railroad corporations to build and construct for terminal purposes on and in front of any land owned by it a wharf of the width necessary for the carrying on of the business of such railroad at such terminal. The wharf may extend to the length that may be desirable, not exceeding one thousand feet, if it does not prevent navigation. There is excluded from the operation of this section any and all territory and property under the jurisdiction or control of any incorporated city or town or any board of State harbor commissioners. All of the provisions of this chapter not in conflict with anything in this section contained are applicable to all proceedings under this section. (Enacted by Stats. 1937, Ch. 368.)
  120. 402.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section defines when a vessel is a domestic vessel and when it is a foreign vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 foreign vessel. (Enacted by Stats. 1937, Ch. 368.)
  121. 403.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If co-owned vessel owners disagree about use or repair, a court of competent jurisdiction may decide the dispute.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 court of competent jurisdiction. (Enacted by Stats. 1937, Ch. 368.)
  122. 404.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a vessel owner gives someone else possession and navigation of the vessel, that other person is responsible for repairs and supplies, not the owner.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 supplies. (Enacted by Stats. 1937, Ch. 368.)
  123. 4040.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    In qualifying counties, the board of supervisors may appoint a harbor commission if it receives a qualifying petition from freeholder-electors.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4040. In any county of this State in which there exists any harbor, bay, inlet, or other arm of the sea, the board of supervisors, upon receiving a petition signed by persons who are both freeholders and electors in such county, equal in number to at least fifteen per cent of the vote cast in the county for the office of Governor at the last preceding election, asking that the matter of issuing bonds of the county for the purpose of improving, developing or protecting the harbor, naming it by the name by which it is commonly called, be submitted to the electors of the county, may appoint a harbor commission for the county, which shall perform the duties and exercise the powers specified in this chapter. (Enacted by Stats. 1937, Ch. 368.)
  124. 4041.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The harbor commission must have five members, and each commissioner must meet county residency, elector, and freeholder requirements at the time of appointment.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4041. The harbor commission shall consist of five members, each of whom, at the time of his appointment, is and has been for two years a bona fide resident, elector, and freeholder of the county. The commissioners shall be appointed to serve for the term of four years, and until their successors are appointed and qualified, and any vacancy shall be filled by appointment by the board of supervisors. (Enacted by Stats. 1937, Ch. 368.)
  125. 4042.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each commissioner must take the oath, file a bond, and qualify within 20 days after notice of appointment. Once a majority has qualified, the commissioners must meet and elect a chairperson.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4042. (a) Each commissioner shall, within 20 days after receiving notice of appointment, qualify by taking and subscribing the constitutional oath of office, and by executing and filing with the clerk of the county in which the commissioner is appointed, a bond in a sum to be fixed by the board of supervisors, which bond, when approved by the superior court of the county, shall be recorded in the office of the county recorder, as other official bonds are recorded, at any time subsequent to 20 days after the appointment. (b) The commissioners, or a majority of them having qualified, shall meet at a convenient place in the county and organize by electing a chairperson. (Amended by Stats. 2003, Ch. 149, Sec. 65. Effective January 1, 2004.)
  126. 4043.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each commission member is entitled to $5 per day for time actually and necessarily spent doing duties under this chapter, plus necessary travel expenses.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4043. Each member of the commission shall receive five dollars for each day actually and necessarily spent in the discharge of his duties under this chapter, together with his necessary traveling expenses to be allowed and paid monthly by the board upon verified demands presented by each commissioner. (Enacted by Stats. 1937, Ch. 368.)
  127. 4044.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If an appointed harbor commission stops existing, the board may create a new harbor commission without another petition.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4044. When a harbor commission appointed under the provisions of this chapter ceases to exist another harbor commission may thereafter be created by the board without requiring an additional petition, and the harbor commission when so created may exercise all of the powers and is governed by the provisions of this chapter to the same extent as the commission first appointed. (Enacted by Stats. 1937, Ch. 368.)
  128. 4045.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The harbor commission ends under specified conditions, unless the board of supervisors orders it to continue.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4045. If, after a careful survey, investigation and examination, the commission reports to the board of supervisors that the improvement, development or protection of the harbor is not practicable, or would involve too great an expense, and if the report is approved by the board, the harbor commission shall cease to exist. If the proposition for the issuance of the bonds of the county for the improvement, development, or protection of the harbor, when submitted to the electors, fails to carry by the requisite number of votes, or when any proposed improvement, development or protection of the harbor is completed, and that fact is established by a finding of the board, the harbor commission shall cease to exist, unless the board shall, by an order entered upon its minutes continue the commission in existence for the purpose of carrying out any additional improvement, development or protection of the harbor, bay, inlet, or other arm of the sea. (Enacted by Stats. 1937, Ch. 368.)
  129. 4046.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the improvement work is finished and the board keeps or creates a commission, the commission must examine the harbor area, prepare detailed plans and specifications, and report practicability and estimated cost to the board.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4046. When any improvement, development or protection of a bay, inlet, or other arm of the sea, commenced under this chapter is accomplished, and if the board continues the commission in existence, or if it thereafter creates another commission, the commission shall proceed to examine the harbor, bay, inlet or other arm of the sea in connection with the proposed further or additional improvement, development or protection and it shall provide detail plans and specifications therefor and report to the board the practicability and estimated cost. The board shall then proceed as if the report was an original one. (Enacted by Stats. 1937, Ch. 368.)
  130. 4047.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The commission may hire and pay a clerk, assistants, engineers, experts, and, if needed, an attorney, but hiring the clerk and assistants needs approval from the board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4047. The commission may, with the approval of the board of supervisors, appoint and fix the compensation of a clerk, and his necessary office assistants, and it may also employ and appoint an engineer or engineers and other experts, and, if in its judgment it is necessary, employ an attorney. All employees and appointees shall hold office at the pleasure of the commission. (Enacted by Stats. 1937, Ch. 368.)
  131. 4048.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the commission ceases to exist, it must make a final report to the board and file its books, records, and papers with the board.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4048. Whenever the commission ceases to exist, it shall make a final report to the board and file all books, records and papers appurtenant to the commission and to all work done by it with the board, and, if the report is approved by the board, the commission is discharged from duty and its bonds from that date exonerated. (Enacted by Stats. 1937, Ch. 368.)
  132. 4049.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This chapter does not apply to certain harbors and tidal areas that are operated by the State or a municipality, or where the State has granted tidal or salt-marsh lands to a municipality.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Harbor Commission [4040 - 4049] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4049. This chapter does not apply to any harbor, bay, inlet, or other arm of the sea, or any portion thereof, maintained or operated by the State or any municipality or to any harbor, bay, inlet, or other arm of the sea, in which the State, since the present State constitution was adopted, has ceded or granted to any municipality the whole or any portion of the salt-marsh or tidelands. (Enacted by Stats. 1937, Ch. 368.)
  133. 405.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Vessel registry, enrollment, and licensing are regulated by acts of Congress.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 405. The registry, enrollment, and license of vessels are regulated by acts of Congress. (Enacted by Stats. 1937, Ch. 368.)
  134. 406.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Rights and obligations under Chapter 2 are subordinate to any superseding federal law.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General Provisions and Definitions [399 - 406] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 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 superseding federal law. (Added by Stats. 1970, Ch. 1341.)
  135. 4060.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The commission must, with diligence, survey harbor sites, gather and preserve data, examine harbor conditions, and determine the best improvement plan and its cost.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4060. With all diligence, the commission shall: (a) Proceed to cause proper surveys to be made of any harbor intended to be improved, developed or protected. (b) Collect, compile and preserve all proper data and information concerning the harbor, and the necessity, advantage and benefit to be derived by its improvement, development or protection. (c) Carefully investigate and examine the condition of the harbor. (d) Ascertain the best, most feasible and practical plan and system of improvement, development or protection to be used and employed, and its cost. (Enacted by Stats. 1937, Ch. 368.)
  136. 4061.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the harbor commission concludes harbor work is not practicable or too expensive, it must file its report; if the board approves that report, the commission ends. If it concludes the harbor can be improved, it must prepare detailed plans, estimate costs and bond needs, and file a full report with the board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4061. If the commission, after a careful survey, investigation and examination, finds and reports to the board that the improvement, development or protection of the harbor is not practicable, or that it would involve too great an expense, its report shall be filed, and if it is approved by the board, the harbor commission shall cease to exist. If the commission finds that the harbor can be improved, developed or protected, and that the public will be benefited by its improvement, development or protection, and the cost will not be disproportionate to the benefits to be derived, it shall provide detailed plans and specifications for the best and most feasible plan of improvement, development or protection of the harbor. It shall estimate the cost and the amount necessary to be raised by the issuance and sale of bonds to do the work, and it shall make a complete, full and comprehensive report of its investigation and examination and file it with the board of supervisors. (Enacted by Stats. 1937, Ch. 368.)
  137. 4062.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must set a hearing date for the report within 20 to 30 days after filing, publish notice in county newspapers, and hear and decide the report on the fixed day.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4062. The board shall then fix a date for hearing the report which is not more than thirty nor less than twenty days after the filing, and it shall cause notice of the fact that the report has been filed, and of the date fixed for the hearing to be published by at least two publications in one or more newspapers published in the county. On the day fixed the board shall hear the report, and it may adjourn the hearing from time to time not exceeding four weeks in all. It shall finally pass upon it, or may refer the report back to the commission for further examination and investigation, or for correction or amendment. (Enacted by Stats. 1937, Ch. 368.)
  138. 4063.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If the board finally approves the plans, specifications, and report, it must adopt a resolution and include specified details in that resolution.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4063. If the plans and specifications and report are finally approved by the board, it shall adopt a resolution to that effect. The resolution shall set forth: (a) The harbor to be improved, developed or protected, designating it by the name by which it is commonly called. (b) The plan or system of improvement, development or protection to be employed. (c) The estimated cost, and the amount to be raised by the sale of bonds to carry out the plan or system of improvement, development or protection. (Enacted by Stats. 1937, Ch. 368.)
  139. 4064.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must promptly call an election on whether county bonds should be issued and sold.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4064. The board shall without delay call an election to determine whether the bonds of the county shall be issued and sold in the amount estimated by the commission in its report and set forth in the resolution of the board adopting it. (Enacted by Stats. 1937, Ch. 368.)
  140. 4065.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The bond election, bond issuance, bond sale, and bond payment must follow the county bond laws.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4065. The election shall be conducted, and the bonds issued and sold and paid for, pursuant to the law concerning the issuance, sale and payment of county bonds, and all proceedings had in regard to the bonds shall be in accordance with these laws. (Enacted by Stats. 1937, Ch. 368.)
  141. 4066.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    An election to submit harbor bond issuance and sale questions must be a special election, and only bond-issuance propositions may be placed on it.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4066. Every election held for the purpose of submitting the question of the issuance and sale of bonds, authorized by this chapter, shall be a special election and no question other than propositions relating to the issuance and sale of bonds for one or more purposes may be submitted. (Enacted by Stats. 1937, Ch. 368.)
  142. 4067.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    For the special election, the board may create bond election precincts and must appoint only one inspector, two judges, and one clerk for each precinct.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4067. For the holding of the special election the board may form bond election precincts by adopting the precincts established for general election purposes, or by consolidating such precincts inside of incorporated cities and towns, to a number not exceeding six in each bond election precinct. It shall appoint only one inspector, two judges and one clerk for each bond election precinct. (Enacted by Stats. 1937, Ch. 368.)
  143. 4068.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    For harbor improvement bonds, it is enough to state the bond purpose and name the harbor commonly used; prior defects or irregularities in the election process do not invalidate the bonds.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Bond Election [4060 - 4068] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4068. It is sufficient to set forth the purpose for which the bonds are to be issued and sold, to state that they are for the improvement, development or protection of ____ harbor, naming the harbor by the name by which it is commonly called. Any defect or irregularity in the proceedings prior to the calling of the election does not affect the validity of the bonds. (Enacted by Stats. 1937, Ch. 368.)
  144. 4080.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Improvement and Construction [4080 - 4086] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If bond funds are in the county treasury, the commission must carry out the harbor improvement, development, or protection work. The board of supervisors may sell only enough authorized bonds to provide funds as needed.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Improvement and Construction [4080 - 4086] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 4080. Whenever funds necessary for any improvement, development, or protection for which bonds have been voted, are in the county treasury, the commission shall carry into effect the improvement, development, or protection of the harbor. The board of supervisors may sell only that portion of the authorized bonds that will provide funds as they are needed to carry on the work. (Added by Stats. 1986, Ch. 195, Sec. 5.)
  145. 4081.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Improvement and Construction [4080 - 4086] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The commission controls and manages harbor improvement, development, protection, and related work, labor, and services.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Improvement and Construction [4080 - 4086] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 4081. The improvement, development, or protection of any harbor, and all work, labor, or service employed therein, shall be under the control and management of the commission. (Added by Stats. 1986, Ch. 195, Sec. 6.)
  146. 4086.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Improvement and Construction [4080 - 4086] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may require commissioners to provide reports about work progress, harbor conditions, and other information the board considers necessary.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Improvement and Construction [4080 - 4086] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 4086. The board may at any time require from the commissioners a report of the progress of any work and of the condition of the harbor being improved, developed or protected, and such other information as the board may deem necessary. (Enacted by Stats. 1937, Ch. 368.)
  147. 410.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    This section defines “customer,” “repairperson,” and “vessel” for the article on vessel repair.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 is in the possession of that person. (b) “Repairperson” means any person engaged in the business of repairing vessels. (c) “Vessel” means any vessel which is subject to registration with the Department of Motor Vehicles and which is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  148. 4100.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Harbor improvement bond proceeds must go into the county treasury special harbor fund and be used only for the purpose the bonds or donations were designated for.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 4100. All bonds sold for any purpose contemplated by this chapter shall be sold for not less than their par value and accrued interest. The proceeds shall be deposited in the treasury of the county and placed to the credit of a special fund designated, ____ harbor fund, created by order of the commission for that purpose, and the proceeds of the sale of the bonds shall be used solely and exclusively for the purpose for which they were issued. The commission may receive donations and place them to the credit of the fund. These shall be used only for the purpose for which they were donated. Money shall not be paid out of the fund except upon warrant of the county auditor, issued upon the written order of the commission, and duly allowed and approved by the board. (Enacted by Stats. 1937, Ch. 368.)
  149. 4101.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Before bonds are voted, the board may incur, audit, approve, and pay county demands, debts, or obligations, up to $5,000 in total.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 4101. Prior to the voting of bonds, the board may in all work under this chapter, incur, permit to accrue, audit, approve and pay any demand, debt or obligation against the county in a sum not to exceed five thousand dollars in the aggregate. (Enacted by Stats. 1937, Ch. 368.)
  150. 4102.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may allow an additional $5,000 expenditure if the commission shows necessity and the board approves by a four-fifths vote, but no more than $1,000 may be appropriated at one time.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 4102. Upon a showing of necessity by the commission, the board may, by a four-fifths vote, permit the expenditure of an additional five thousand dollars. More than one thousand dollars shall not be appropriated at any one time. (Enacted by Stats. 1937, Ch. 368.)
  151. 4103.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    County money is paid from the general fund until the harbor fund has enough money to reimburse the general fund, and then later payments come from the harbor fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 4103. All money shall be paid out of the general fund of the county until there is money in the harbor fund sufficient to reimburse the general fund of the county, when it shall be reimbursed, and thereafter all sums shall be paid out of the harbor fund. (Enacted by Stats. 1937, Ch. 368.)
  152. 4104.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may use harbor fund money, or place it at the State or Federal Government’s disposal, for harbor improvement, development, or protection, but only on the commission’s recommendation.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 4104. The board, on recommendation of the commission, may use any and all moneys in the harbor fund in conjunction with the State or Federal Government, in any harbor improvement, development or protection undertaken by the State or Federal Government, or it may place all or any moneys in such fund at the disposal of the State or Federal Government for use in the improvement, development or protection of the harbor. (Enacted by Stats. 1937, Ch. 368.)
  153. 4105.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The commission must twice a year prepare, verify under oath, and file with the board a detailed statement of its harbor fund proceedings.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Funds [4100 - 4105] ( Article 4 enacted by Stats. 1937, Ch. 368. ) ## 4105. The commission shall, once in each six months, make out and verify under oath, and file with the board, a detailed statement of its proceedings, showing: (a) The amount of money in the harbor fund at the time of the last report. (b) The amounts of all donations since received and the purpose for which the donations were made. (c) The amount since expended, and the purpose for which it was expended. (d) The balance remaining on hand in the fund. (Enacted by Stats. 1937, Ch. 368.)
  154. 411.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    This article applies only to vessel work with an estimated cost of $100 or more.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 411. This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  155. 412.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    A repairperson cannot claim a lien on a vessel for compensation for services unless the repairperson has complied with this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 has complied with this article. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  156. 4120.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 5. Control of Harbor [4120 - 4122] ( Article 5 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    After the harbor improvement is completed and the commission ends, control of the improved harbor passes to the county board of supervisors, and the county must pay future maintenance costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 5. Control of Harbor [4120 - 4122] ( Article 5 enacted by Stats. 1937, Ch. 368. ) ## 4120. Whenever the improvement, development or protection of any such harbor, bay, inlet or other arm of the sea is completed and the commission created under this chapter ceases to exist, then the management and control of the harbor in so far as it has been improved, developed or protected under this chapter passes to, and vests in the board of supervisors of the county. The future cost and expense of the maintenance of the harbor is a charge upon the county. (Enacted by Stats. 1937, Ch. 368.)
  157. 4121.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 5. Control of Harbor [4120 - 4122] ( Article 5 enacted by Stats. 1937, Ch. 368. )

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    The board of supervisors may appoint, pay, and define the duties of officers, agents, and employees needed to control the harbor, and may make and enforce necessary regulations.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 5. Control of Harbor [4120 - 4122] ( Article 5 enacted by Stats. 1937, Ch. 368. ) ## 4121. The board of supervisors in which the control and management of any harbor, bay, inlet or other arm of the sea is vested, as provided in this chapter, may appoint, define the duties of, and pay, all officers, agents and employees, necessary for the complete control of the harbor, and it may make and enforce all necessary and proper regulations for that purpose. (Enacted by Stats. 1937, Ch. 368.)
  158. 4122.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 5. Control of Harbor [4120 - 4122] ( Article 5 enacted by Stats. 1937, Ch. 368. )

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    Certain county boards of supervisors may set and collect harbor-related fees.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 5. Control of Harbor [4120 - 4122] ( Article 5 enacted by Stats. 1937, Ch. 368. ) ## 4122. The board of supervisors of any county in which the control and management of any harbor, bay, inlet or other arm of the sea has vested, as provided for in this chapter, may establish and collect all anchorage, wharfage, dock and warehouse fees, which shall be paid in to a proper fund for the maintenance of the harbor and for its further development, maintenance and protection. (Enacted by Stats. 1937, Ch. 368.)
  159. 413.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    A repairperson may not start compensated work on a vessel without customer authorization and required written estimates, notices, and approvals.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 requirements: (a) The repairperson shall give to the customer either of the following: (1) A written estimated price for labor and parts for a specific job. (2) A written estimate of the maximum cost for a specific job which does not differentiate between labor and parts, but which shall not be exceeded by the actual cost of the job, including labor and parts. No work shall be done or parts supplied in excess of, or different from, the original written estimate without the separate oral or written consent of the customer. If the consent is oral, the repairperson shall make a notation on the work order and on the invoice of the date, time, name of person authorizing the additional work or change in work, and the telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost. (b) If it is necessary to disassemble a vessel or its component in order to prepare a written estimated price for required work, the repairperson shall first give the customer a written estimated price for the disassembly and reassembly. The estimate shall also include the cost of parts and necessary labor to replace items such as gaskets, seals, and O rings that are normally destroyed by disassembling the component. If the disassembling might prevent the restoration of the component to its former condition, the repairperson shall write that information on the work order containing the estimate before the work order is signed by the customer. The repairperson shall inform the customer orally, and conspicuously in writing on the work order, of the maximum time it will take the repairperson to reassemble the vessel or its component if the customer elects not to proceed with the work. The repairperson shall not charge the customer for more time than the specified maximum time if the customer elects not to proceed with the work. After the disassembling has been performed, the repairperson shall prepare a written estimated price for labor and parts necessary for the requested work. Before performing the requested work, the repairperson shall obtain the customer’s authorization to either perform the work or to reassemble the vessel or its components. (c) When the customer is unable to deliver the vessel to the repairperson during business hours, and the customer has requested the repairperson to take possession of the vessel for the purpose of performing work on the vessel or estimating the cost of the work, the repairperson shall not undertake work on the vessel for compensation unless the repairperson has done all of the following: (1) The repairperson has prepared a work order stating the written estimated price for labor and parts necessary to perform the work. (2) By telephone or otherwise, the customer has been given all of the information on the work order, and the customer has approved the work order. (3) The customer has given oral or written authorization to the repairperson to make the repairs pursuant to the work order. If the authorization is oral, the repairperson shall make, on both the work order and the invoice, a notation of the name of the customer, the date, the time, and the telephone number called, if any. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  160. 4130.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    This section defines “harbor” for this article as a bay, inlet, or other arm of the sea where Pacific Ocean tides ebb and flow, subject to any Section 4049 exclusions.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4130. “Harbor,” as used in this article, includes any bay, inlet, or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, except such as are excluded from the application of this chapter by the provisions of Section 4049 of this code. (Added by Stats. 1945, Ch. 1500.)
  161. 4131.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    A county may improve, develop, protect, and maintain harbors within its boundaries, following this article and the Public Contract Code.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4131. Any county may improve, develop, protect, and maintain one or more or all of the harbors within its boundaries, upon the conditions, in accordance with the procedure, and in the manner provided in this article and in the Public Contract Code. (Added by Stats. 1986, Ch. 195, Sec. 7.)
  162. 4132.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    If a qualifying petition is received, the county board of supervisors may appoint a harbor commission.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4132. Upon receiving a petition signed by persons who are both freeholders and electors in the county, equal in number to at least 15 per cent of the vote cast for the office of Governor at the last preceding election at which a Governor was elected, proposing that the matter of the improvement, development, protection and maintenance of one or more such harbors, naming them, be submitted to the electors of the county, the board of supervisors may appoint a harbor commission for the county in accordance with the provisions of Article 1 of this chapter, which provisions are incorporated herein to the extent that they are not inconsistent herewith. (Added by Stats. 1945, Ch. 1500.)
  163. 4133.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    The harbor commission must promptly survey the harbor or harbors to be improved, developed, or protected, prepare plans and cost estimates, and report its recommendations to the board of supervisors.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4133. With all diligence, the harbor commission shall proceed with surveys of the harbor or harbors intended to be improved, developed, or protected, the preparation of plans therefor and estimates of cost thereof, and shall report to the board of supervisors thereon, with its recommendations concerning the necessity, advantage, and benefit to be derived by the improvement, development, or protection of such harbor or harbors; all as provided in Article 2 of this chapter, which provisions are incorporated herein to the extent that they are not inconsistent herewith. (Added by Stats. 1945, Ch. 1500.)
  164. 4134.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    After receiving the Harbor Commission’s report and recommendations, the board of supervisors must assess whether the proposed harbor projects are feasible.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4134. Upon receiving the report and recommendations of the Harbor Commission, the board of supervisors shall consider and determine the feasibility of the project or projects submitted, may call upon the commission for further surveys and reports and shall determine (1) what harbor or harbors, and by what specific project or projects, or parts thereof, it will be in the interest of the county to improve, develop, or protect, (2) for which thereof, if any, moneys should be provided by the issuance of bonds of the county and the amount of bonds required to be issued and sold therefor, and (3) for which thereof, if any, moneys should be raised by the levy of a special tax at a specified rate over a specified number of years not exceeding 20 years. (Added by Stats. 1945, Ch. 1500.)
  165. 4135.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    The county may incur bonded indebtedness for the stated purpose, but only under the conditions and procedures required by applicable law.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4135. For such a purpose, the county may incur a bonded indebtedness, upon the conditions, in the manner and in accordance with the procedure prescribed by applicable provisions of law, including Sections 4088, 4088a and 4089 of the Political Code and Article 2 of this chapter. (Added by Stats. 1945, Ch. 1500.)
  166. 4136.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    A county tax for this purpose can be levied only after the proposal is submitted to county electors and approved by the required vote.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4136. Any tax for such a purpose may be levied only if a proposal therefor (specifying the purpose, the rate of tax, and the number of years for which the tax is to be levied) is submitted to the qualified electors of the county, at a general or special election, and is approved by a majority of the electors voting thereon. No such tax may be levied if it operates to increase the maximum rate of taxation otherwise prescribed for the county unless the proposal therefor is approved by two-thirds of the electors voting thereon. Any such proposal for a tax levy shall be submitted to the electors of the county, and the election thereon held, in conformity, as nearly as may be practicable, with the provisions of law applicable to the submission to the electors of a proposition for the issuance of bonds of the county and the conduct of an election thereon. (Added by Stats. 1945, Ch. 1500.)
  167. 4137.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    Harbor improvement, development, or protection work must be carried out under the harbor commission’s control and management.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4137. The work of improving, developing, or protecting the harbor, whether the moneys therefor are the proceeds of the sale of bonds of the county or of a tax levy, shall be done under the control and management of the harbor commission pursuant to applicable provisions of law, including the provisions of the Public Contract Code and the preceding articles of this chapter, which latter provisions are incorporated herein to the extent that they are not inconsistent herewith. (Added by Stats. 1986, Ch. 195, Sec. 8.)
  168. 4138.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    When a harbor improvement is finished and the board of supervisors makes the required finding, the board gets management and control of that harbor.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4138. When the improvement, development, or protection of a particular harbor is completed, and the board of supervisors so find and determine, the management and control of that harbor vests in the board of supervisors. Thereafter the costs of maintaining the harbor is a county charge. (Added by Stats. 1945, Ch. 1500.)
  169. 4139.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    The board of supervisors may grant harbor-related franchises, permits, and leases, set wharfage and other charges, and move surplus harbor revenues to county funds under specified conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4139. In managing and controlling a harbor, the board of supervisors has authority, upon such terms and conditions as the board shall prescribe, to grant franchises, permits and leases for the use of lands and facilities belonging to the county, and to prescribe the rate or rates of wharfage and other charges which are appropriate for the use of any of the facilities owned or services furnished or provided by the county. All revenues derived from such franchises, permits, leases, and charges, are available solely for payment of the cost of maintaining harbors that are under the control and management of the board of supervisors, except that the board may from time to time, out of any surplus of such revenues, transfer to the appropriate funds of the county such sums as in its judgment may be available for payment of principal and interest of county bonds issued pursuant to the provisions of this article. (Added by Stats. 1945, Ch. 1500.)
  170. 414.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    A repairperson who gives a good-faith original estimate is not required to finish the job at the quoted or written estimated price if extra unforeseen work is needed and the customer will not agree to pay for that extra work.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that additional work. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  171. 4140.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. )

    Verify source ↗

    The county may levy a harbor maintenance tax, but the rate cannot exceed $0.15 per $100 of assessed property value unless voters approve a higher rate for that year.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Improvement Bonds [4040 - 4140] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 6. County Harbor Improvement [4130 - 4140] ( Article 6 added by Stats. 1945, Ch. 1500. ) ## 4140. In any year a tax may be levied for the maintenance of the harbor or harbors in the county at a rate calculated to raise a sum of money equal to the amount of the excess, if any, of the amount of the estimated cost of such maintenance over the estimated amount of revenues (derived from such franchises, permits, leases, and charges) that are or will become available to defray such cost. The rate of such tax shall not in any year exceed fifteen cents ($0.15) per one hundred dollars ($100) of the assessed valuation of all taxable property within the county, unless a proposal for a specified higher rate for a particular year is submitted to the qualified electors of the county at a general or special election and is approved by a majority of the electors voting thereon. (Added by Stats. 1945, Ch. 1500.)
  172. 415.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    A repairperson must prepare a detailed invoice for all work and parts, give one copy to the customer, and keep one copy.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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. Work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt, or reconditioned parts, the invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the repairperson. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  173. 4150.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    County boards of supervisors may locate and open a towpath along a navigable stream, if public convenience for commerce requires it.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4150. The board of supervisors of each county may, when public convenience for the purpose of commerce requires it, cause to be located and opened a towpath, not exceeding ten feet in width, along the banks of any navigable stream within the county. (Enacted by Stats. 1937, Ch. 368.)
  174. 4151.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    To locate and open a towpath, the same proceedings must be followed as those required in the counties of this state for locating and opening public highways.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4151. In order to locate and open a towpath, the same proceedings shall be taken as are required by law to be taken in the respective counties of this State for the purpose of locating and opening public highways. (Enacted by Stats. 1937, Ch. 368.)
  175. 4152.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The landowner keeps free use and enjoyment of land with a towpath, but that use is subject to the public’s right to use it for commerce.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4152. The owner of any land over which a towpath is located and opened shall not be deprived of the water frontage. He has the free use and enjoyment of his land, subject only to the right of the public to use it for the purposes of commerce. (Enacted by Stats. 1937, Ch. 368.)
  176. 4153.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors may regulate towpaths, provide gates, and protect the property the towpath crosses; fences on either side of a towpath are not required.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Towpaths [4150 - 4153] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 4153. It is not necessary to construct or maintain fences on either side of any towpath, but the board of supervisors may make all necessary regulations for the government and management of towpaths, and may provide for the erection of gates and for the full and complete protection of the property through which the towpath passes. (Enacted by Stats. 1937, Ch. 368.)
  177. 416.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    Invoices for vessel repair must show the repairperson’s business name and address. If a telephone number is included, it must match the number used in advertising and the listed directory or telephone company record number.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairperson’s firm name and address in the telephone directory, or on the telephone company records if the number is assigned to the repairperson subsequent to the publication of the telephone directory. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  178. 4160.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Miscellaneous [4160- 4160.] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    County boards of supervisors may adopt quarantine-related provisions and take related public health actions for counties with a port or harbor when no other quarantine regulations are already provided.

    ## Harbors and Navigation Code - HNC ## DIVISION 7. COUNTY PROVISIONS [4000 - 4160] ( Division 7 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. General Powers of Counties [4150 - 4160] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Miscellaneous [4160- 4160.] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 4160. The board of supervisors of any county in which there is a port of entry or harbor, for which there is not otherwise provided quarantine regulations, may by an ordinance adopt the whole or any part of the provisions of Article 2 of Chapter 10 of Part 1 of Divison VI, of this code, appoint a board of health, or health officer, locate quarantine grounds when necessary, and provide for the enforcement of quarantine regulations. (Enacted by Stats. 1937, Ch. 368.)
  179. 417.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    A repairperson may work on a vessel on a time-and-materials basis if the customer authorizes that specific job.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 basis. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  180. 418.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. )

    Verify source ↗

    This section says the article does not apply to certain emergency vessel repair situations, and it excludes situations or accidents caused by the repairperson’s negligence or conduct.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1.5. Vessel Repair [410 - 418] ( Article 1.5 added by Stats. 1986, Ch. 305, Sec. 1. ) ## 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 which consent cannot expeditiously be obtained. (b) This section does not include any situation or accident caused to the vessel by the negligence or conduct of the repairperson or the repairperson’s agent. (Added by Stats. 1986, Ch. 305, Sec. 1.)
  181. 420.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A marine carrier is liable like an inland carrier, except for loss or injury caused by sea perils or fire.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 fire. (Enacted by Stats. 1937, Ch. 368.)
  182. 421.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The liability of a common carrier by sea is further regulated by acts of Congress.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 421. The liability of a common carrier by sea is further regulated by acts of Congress. (Enacted by Stats. 1937, Ch. 368.)
  183. 422.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section lists what counts as “perils of the sea.”

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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. (e) The confinement necessary at sea. (f) Animals peculiar to the sea. (g) All other dangers peculiar to the sea. (Enacted by Stats. 1937, Ch. 368.)
  184. 423.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A marine carrier must not stow freight on deck during a voyage unless that is usual, and must not make improper deviations, delays, or other unnecessary acts that would avoid the usual freight insurance.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight. (Enacted by Stats. 1937, Ch. 368.)
  185. 424.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The vessel owner must pay the cargo owner the market value of cargo sold to cover necessary repairs and supplies, when the ship arrives at its destination port.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 ship at the port of her destination, of that portion of her cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel. (Enacted by Stats. 1937, Ch. 368.)
  186. 425.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A carrier by water may jettison cargo or vessel appurtenances when extreme peril makes it necessary to protect the vessel or cargo.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 otherwise sacrifice, any or all of the cargo or appurtenances of the vessel. Throwing property overboard for such purpose is called jettison, and the loss incurred is called a general average loss. (Enacted by Stats. 1937, Ch. 368.)
  187. 426.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    When cargo is jettisoned, it should begin with the most bulky and least valuable articles, so far as possible.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 426. So far as possible, a jettison shall begin with the most bulky and least valuable articles. (Enacted by Stats. 1937, Ch. 368.)
  188. 427.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A jettison may be made only with the vessel master’s authority, unless the master is disabled or there is an overruling necessity.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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, when it may be made by any other person. (Enacted by Stats. 1937, Ch. 368.)
  189. 428.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a jettison is lawfully made, the resulting loss must be shared proportionally by the benefited vessel interests and the owner of the sacrificed item.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed. (Enacted by Stats. 1937, Ch. 368.)
  190. 429.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    General average losses are to be allocated by an adjustment, and each separate owner is charged according to the value of their share compared with the whole.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 interest shall be charged with that proportion of the value of the thing lost which the value of his part of the property affected bears to the value of the whole. But an adjustment made at the end of the voyage, if valid there, is valid everywhere. (Enacted by Stats. 1937, Ch. 368.)
  191. 430.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    For general average calculations, this section sets how to value the vessel, freightage, and cargo.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 freightage at one-half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution. (Enacted by Stats. 1937, Ch. 368.)
  192. 431.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The owner of deck-stowed things is entitled to general average contribution if it is usual to stow those things on deck for that voyage.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 is usual to stow such things on deck upon such a voyage. (Enacted by Stats. 1937, Ch. 368.)
  193. 432.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The rule on jettison and general average also applies to other voluntary sacrifices of property on a vessel, and to necessary expenses incurred to preserve the vessel and cargo from extraordinary perils.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Liability, Generally [420 - 432] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 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 incurred, for the preservation of the vessel and cargo from extraordinary perils. (Enacted by Stats. 1937, Ch. 368.)
  194. 440.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. )

    Verify source ↗

    Certain licensed pilots, their associations, employers, and others providing piloting services in San Pedro Bay may limit liability through contracts or tariffs that substantially match this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. ) ## 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 are authorized to limit liability for the rendering and performance of those services by contracts or tariffs containing substantially the terms and provisions set forth in this article. (Added by Stats. 1983, Ch. 785, Sec. 2.)
  195. 441.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. )

    Verify source ↗

    Pilotage service rates and charges do not include insurance covering the vessel or related parties against negligence by the pilot or the pilot’s employer.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. ) ## 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 negligence of the pilot supplying the pilotage services, the pilot’s employer, or other employees of the pilot’s employer. (Added by Stats. 1983, Ch. 785, Sec. 2.)
  196. 442.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. )

    Verify source ↗

    A pilot must provide insurance, on reasonable notice, covering the vessel and specified parties against negligence by the pilot, the pilot’s employer, or the employer’s employees.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. ) ## 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 the consequences of negligence of the pilot supplying the pilotage services, the pilot’s employer, or other employees of the pilot’s employer on a trip insurance basis with limits of coverage established by agreement between the pilot and the party requesting the insurance, the premium of which will be assessed in addition to the rates and charges for the pilotage services. (Added by Stats. 1983, Ch. 785, Sec. 2.)
  197. 443.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. )

    Verify source ↗

    If owners, agents, charterers, or operators choose a pilot through whom trip insurance could have been obtained, that choice becomes a binding and irrevocable agreement to the terms in Section 444.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. ) ## 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 and irrevocable agreement on the part of the owners, agents, charterers, and operators to the terms and conditions set forth in Section 444. (Added by Stats. 1983, Ch. 785, Sec. 2.)
  198. 444.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. )

    Verify source ↗

    This section makes pilotage terms part of the agreement: the vessel and related parties must not sue the pilot or the pilot’s employer for covered losses, and they must indemnify and hold them harmless, except for willful misconduct or gross negligence.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay [440 - 444] ( Article 3 added by Stats. 1983, Ch. 785, Sec. 2. ) ## 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 accepted by owners, agents, charterers, or operators, as follows: (a) The vessel requesting pilotage services and its owners, agents, charterers, and operators covenant and agree not to assert a claim against the pilot, the pilot’s employer, or other employees of the pilot’s employer for damages, including any rights over, arising out of, or connected with, directly or indirectly, any damage, loss, or expense sustained by the vessel, its owners, agents, charterers, operators, or crew, and by any third parties, even though resulting in whole or in part from acts, omissions, or negligence of the pilot, the pilot’s employer, or other employees of the pilot’s employer. The vessel and its owners, agents, charterers, and operators further covenant and agree, subject to any limitation of liability to which they are entitled by reason of any contract, bill of lading, statute, or other provision of law in force, to indemnify and hold harmless the pilot, the pilot’s employer, and other employees of the pilot’s employer with respect to liability arising from any and all claims, suits, or actions, by whomsoever asserted, resulting in whole or in part from acts, omissions, or negligence of the pilot, the pilot’s employer, or other employees of the pilot’s employer. These covenants and agreements do not apply to liability and rights that may arise from the willful misconduct or gross negligence of the pilot, the pilot’s employer, or other employees of the pilot’s employer. (b) If any vessel on whose behalf pilotage services are requested is not owned by the person or entity ordering the services, that person or entity warrants its authority to bind the vessel and its owners, charterers, and operators to all the provisions contained in subdivision (a), and that person and entity agree to indemnify and hold harmless the pilot, the pilot’s employer, and other employees of the pilot’s employer with respect to all losses, damages, and expenses that may be suffered or incurred in consequence of the person or entity not having that authority. (c) Pilotage services are voluntarily requested and are voluntarily rendered in reliance upon the terms specified in subdivisions (a) and (b). (d) This article does not affect the rights of third parties against a vessel, its master, owners, agents, charterers, or operators, or a pilot, the pilot’s employer, or other employees of a pilot’s employer. (e) This article does not preclude any pilot or pilot’s employer from entering into contracts with the owners, agents, charterers, or operators of a vessel that contain additional pilotage terms and conditions. (Amended by Stats. 2006, Ch. 538, Sec. 343. Effective January 1, 2007.)
  199. 445.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

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    The Marine Exchange of Los Angeles-Long Beach Harbor, Inc. may operate a vessel traffic service for the listed bay and channel waters, but only in cooperation with and under the supervision of the United States Coast Guard.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 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 Corporation Law, Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code, may operate a vessel traffic service, in cooperation with, and subject to the supervision of, the United States Coast Guard, for the waters of San Pedro Bay, San Pedro Channel, and Santa Monica Bay, within a radius of 25 nautical miles of the Point Fermin Light. These waters shall be known in this article as the “VTS area.” (b) This article applies only to the VTS area. (Amended by Stats. 1996, Ch. 362, Sec. 4. Effective January 1, 1997.)
  200. 445.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. )

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    This section defines “covered vessel” and “towing vessel” for this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Vessels Generally [399 - 449.5] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Vessel Traffic Service [445 - 449.5] ( Article 4 added by Stats. 1991, Ch. 969, Sec. 2. ) ## 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 length, while navigating. (b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating. “Towing vessel,” as used in this article, means any commercial vessel engaged in towing another vessel astern or alongside or by pushing it ahead. (c) Every vessel issued a certificate to carry 50 or more passengers for hire, when engaged in trade. (Repealed and added by Stats. 1996, Ch. 362, Sec. 6. Effective January 1, 1997.)

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