Harbors and Navigation Code — Part 5 | HNC — United States — California law | Esheria

Harbors and Navigation Code

Part 5 of 7 · provisions 801–1,000

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. 651.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    The Department of Motor Vehicles must give a copy of safe vessel operation guidelines to certain vessel registrants and owners.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 651.5. The Department of Motor Vehicles shall provide every person who originally registers, or who acquires the ownership certificate of, a vessel required to be numbered pursuant to Division 3.5 (commencing with Section 9840) of the Vehicle Code with a copy of guidelines for safe vessel operation prepared by the Department of Boating and Waterways. (Amended by Stats. 1988, Ch. 216, Sec. 3. Effective June 29, 1988.)
  2. 652.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    The department may set boat safety and equipment regulations, and certain officers may order unsafe vessels to stop operating. People and public agencies may not use or allow use of a vessel that fails those equipment or safety standards.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 652. (a) The department may issue regulations to do all of the following: (1) Establish minimum safety standards for boats and associated equipment. (2) Require the installation, carrying, or using of associated equipment. (3) Prohibit the installation, carrying, or using of associated equipment that does not conform with safety standards established pursuant to this chapter. (b) The regulations shall conform with the federal navigation laws or with the navigation rules promulgated by the United States Coast Guard, or any successor thereto. (c) A person or public agency shall not use or give permission for the use of a vessel that does not carry the equipment or meet the standards established pursuant to this chapter. (d) A peace officer or harbor police officer authorized to enforce this chapter may order the termination of the operation of a vessel that is found to be unsafe for operation pursuant to Section 6550.5 of Title 14 of the California Code of Regulations. A violation of an order under this subdivision is a misdemeanor. (e) A person found guilty of a misdemeanor violation of subdivision (d), or of any regulation adopted by the department pursuant to this section, shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail not to exceed six months, or both that fine and imprisonment. (Amended by Stats. 2010, Ch. 328, Sec. 107. (SB 1330) Effective January 1, 2011.)
  3. 652.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Blue lights are reserved for public safety vessels, and other vessels must slow and give way when one is operating with a siren or blue light.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 652.5. (a) The use of a distinctive blue light as prescribed by the department is reserved for public safety vessels and may be displayed during the day or night whenever the vessel may be engaged in direct law enforcement activities, including, but not limited to, those activities specified in subdivision (a) of Section 663.7, or public safety activities conducted by a fire department or a fire protection district, where identification of a public safety vessel is desirable or where necessary for safety reasons. (b) That light when used shall be in addition to prescribed lights and day signals required by law. (c) The display of these blue lights on vessels for other purposes is prohibited. (d) A vessel approaching, overtaking, being approached, or being overtaken by a moving public safety vessel operating with a siren or an illuminated blue light, or a vessel approaching a stationary public safety vessel displaying an illuminated blue light, shall immediately slow to a speed sufficient to maintain steerage only, shall alter its course, within its ability, so as not to inhibit or interfere with the operation of the public safety vessel, and shall proceed, unless otherwise directed by the operator of the public safety vessel, at the reduced speed until beyond the area of operation of the public safety vessel. (e) The operator of a cable ferry shall take whatever reasonable action is necessary to provide a clear course for a public safety vessel operating with a siren or an illuminated blue light, or both. (f) For purposes of this section, “public safety vessel” means a law enforcement, a fire department, or a fire protection district vessel. (Amended by Stats. 2017, Ch. 103, Sec. 1. (AB 78) Effective January 1, 2018.)
  4. 654.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Motorized recreational vessels in specified waters must have a muffler or muffler system in good working condition, operating constantly, and installed to comply with Section 654.05, unless a listed permit-based exception applies.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654. (a) (1) For the purposes of this section, a “muffler” or “muffler system” is a sound suppression device or system that is designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and prevents excessive or unusual noise. (2) For the purposes of this section, an underwater through-the-propeller-hub exhaust outlet system is a muffler system. (b) A motorized recreational vessel that is operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state shall be equipped at all times with a muffler or a muffler system that is all of the following: (1) In good working condition. (2) In constant operation. (3) Installed in a manner that effectively brings the vessel into compliance with Section 654.05. (c) This section does not apply to motorized recreational vessels competing under a local public entity or United States Coast Guard permit in a regatta, in a boat race, while on trial runs, or while on official trials for speed records during the time and in the designated area authorized by the permit. In addition, this section does not apply to motorized recreational vessels preparing for a race or regatta if authorized by a permit issued by the local entity having jurisdiction over the area where the preparations occur. (d) This section shall become operative on January 1, 2005. (Repealed (in Sec. 1) and added by Stats. 2003, Ch. 496, Sec. 2. Effective January 1, 2004. Section operative January 1, 2005, by its own provisions.)
  5. 654.03.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    This section bars selling or operating certain motorized recreational vessels unless they meet the muffler requirement, and it creates a racing-vessel exception with documentation rules.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654.03. (a) A person may not manufacture for sale a motorized recreational vessel that is not equipped with a muffler or muffler system, as defined in subdivision (a) of Section 654, that brings the vessel into compliance with paragraph (2) of subdivision (a) of Section 654.05, except as authorized under subdivision (b). (b) A person may manufacture for sale a motorized recreational vessel that is not equipped as required under subdivision (a) if the vessel is designed, manufactured, and sold for the sole purpose of competing in racing events. (c) A person may not sell a vessel that is exempted under subdivision (b) unless there is compliance with both of the following: (1) The sales agreement includes a statement that the vessel is designed, manufactured, and sold for the sole purpose of competing in racing events and may not be operated in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state, except under the conditions described in subdivision (c) of Section 654. (2) The statement described in paragraph (1) is signed by both the buyer and the seller. (d) Both the buyer and the seller of a vessel exempted under subdivision (b) shall maintain copies of the sales agreement described in paragraph (1) of subdivision (c). (e) A person may not operate a vessel that is exempted under subdivision (b) unless a copy of the sales agreement described in paragraph (1) of subdivision (c) is on board the vessel. (f) A person may not operate a vessel that is exempted under subdivision (b) in or upon the inland waters, or in or upon ocean waters within one mile of the coastline of the state, except under the conditions described in subdivision (c) of Section 654. (g) This section shall become operative on January 1, 2005. (Added by Stats. 2003, Ch. 496, Sec. 3. Effective January 1, 2004. Section operative January 1, 2005, by its own provisions.)
  6. 654.05.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Owners of certain motorized recreational vessels must not operate them in specified waters if the vessel exceeds listed noise limits; the department may change the measurement procedure by regulation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654.05. (a) The owner of a motorized recreational vessel that is numbered pursuant to Section 9850 of the Vehicle Code, or that is documented by an agency of the federal government, shall not operate, or authorize the operation of, the vessel in or upon the inland waters, or in or upon ocean waters that are within one mile of the coastline of the state, in a manner that exceeds the following noise levels: (1) For engines manufactured before January 1, 1993, a noise level of 90 dB(A) when subjected to the Society of Automotive Engineers Recommended Practice SAE J2005 (Stationary Sound Level Measurement Procedure for Pleasure Motorboats). (2) For engines manufactured on or after January 1, 1993, a noise level of 88 dB(A) when subjected to the Society of Automotive Engineers Recommended Practice SAE J2005 (Stationary Sound Level Measurement Procedure for Pleasure Motorboats). (3) A noise level of 75 dB(A) measured as specified in the Society of Automotive Engineers Recommended Practice SAE J1970 (Shoreline Sound Level Measurement Procedure). However, a measurement of noise level that is in compliance with this paragraph does not preclude the conducting of a test of noise levels under paragraph (1) or (2). (b) A law enforcement officer utilizing a decibel measuring device for the purposes of enforcing this section shall be knowledgeable and proficient in the use of that device. (c) The department may, by regulation, revise the measurement procedure when deemed necessary to adjust to advances in technology. (d) This section does not apply to motorized recreational vessels competing under a local public entity or United States Coast Guard permit in a regatta, in a boat race, while on trial runs, or while on official trials for speed records during the time and in the designated area authorized by the permit. In addition, this section does not apply to motorized recreational vessels preparing for a race or regatta if authorized by a permit issued by the local entity having jurisdiction over the area where these preparations occur. (e) This section shall become operative on January 1, 2005. (Amended by Stats. 2004, Ch. 130, Sec. 1. Effective January 1, 2005.)
  7. 654.06.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A person may not sell or offer for retail sale an internal combustion engine for a motorized recreational vessel if it exceeds the listed noise limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654.06. No person shall sell or offer for sale at retail any internal combustion engine for use on any motorized recreational vessel which, when operated, exceeds the following noise levels: (a) For engines manufactured on or after January 1, 1974, and before January 1, 1976, a noise level of 86 dbA measured at a distance of 50 feet from the motorized recreational vessel. (b) For engines manufactured on or after January 1, 1976, and before January 1, 1978, a noise level of 84 dbA measured at a distance of 50 feet from the motorized recreational vessel. (c) For engines manufactured on or after January 1, 1978, a noise level of 82 dbA measured at a distance of 50 feet from the motorized recreational vessel. (Amended by Stats. 1997, Ch. 666, Sec. 3. Effective January 1, 1998.)
  8. 654.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Boating facilities built with state funds must provide shoreside facilities for emptying vessel holding tanks, following department-set needs and standards.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654.1. Boating facilities constructed with funds derived from the state shall be required as a condition for the receipt of such funds to provide shoreside facilities for purposes of emptying waste matter holding tanks from vessels in accordance with needs and standards as established by the department. (Amended by Stats. 1970, Ch. 1428.)
  9. 654.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Certain diesel-powered passenger vessels operating exclusively in California must use only California diesel fuel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654.3. (a) Each diesel powered vessel operating exclusively in California, engaged in the commercial transport of passengers with the capacity to transport 75 passengers or more, shall use only California diesel fuel formulated as specified in Sections 2281 and 2282 of Title 13 of the California Code of Regulations. (b) This section shall become operative on January 1, 2003. (Added by Stats. 2000, Ch. 502, Sec. 1. Effective January 1, 2001. Section operative January 1, 2003, by its own provisions.)
  10. 654.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A person may not maliciously throw, hurl, or project an object at a vessel or someone on a vessel in the state’s waters; doing so is a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 654.5. A person who maliciously throws, hurls, or projects an object by manual, mechanical, or other means at a vessel or an occupant of a vessel on any of the waters within or bordering on this state, which act does not constitute a violation of either Section 242 or 594 of the Penal Code, is guilty of a misdemeanor, and upon first conviction the punishment shall be a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed 30 days, or both that fine and imprisonment. Upon a second conviction, the punishment shall be a fine not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed 90 days, or both that fine and imprisonment. Upon a third or subsequent conviction, the punishment shall be a fine not to exceed ten thousand dollars ($10,000) or imprisonment in the county jail not to exceed one year, or both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 32. (SB 717) Effective January 1, 2010.)
  11. 655.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    People generally may not operate vessels or related water-skiing devices while impaired, at specified blood-alcohol levels, or when drug-addicted; the department must adopt safety regulations.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655. (a) No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. The department shall adopt regulations for the use of vessels, water skis, aquaplanes, or similar devices in a manner that will minimize the danger to life, limb, or property consistent with reasonable use of the equipment for the purpose for which it was designed. (b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (d) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood. (e) No person shall operate any vessel, or manipulate water skis, an aquaplane, or a similar device who is addicted to the use of any drug. This subdivision does not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. (f) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself. (g) Notwithstanding any other provision of law, information, verbal or otherwise, which is obtained from a commissioned, warrant, or petty officer of the United States Coast Guard who directly observed the offense may be used as the sole basis for establishing the necessary reasonable cause for a peace officer of this state to make an arrest pursuant to the United States Constitution, the California Constitution, and Section 836 of the Penal Code for violations of subdivisions (b), (c), (d), and (e) of this section. (h) In any prosecution under subdivision (c), it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of operation of a recreational vessel if the person had an alcohol concentration of 0.08 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation. (i) In any prosecution under subdivision (d), it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of operation of a vessel other than a recreational vessel if the person had an alcohol concentration of 0.04 percent or more in his or her blood at the time of the performance of a chemical test within three hours after the operation. (j) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person who was operating a vessel or manipulating water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage in violation of subdivision (b) or (f), the amount of alcohol in the person’s blood at the time of the test, as shown by a chemical test of that person’s blood, breath, or urine, shall give rise to the following presumptions affecting the burden of proof: (1) If there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense. (2) If there was at that time 0.05 percent or more, but less than 0.08 percent, by weight, of alcohol in the person’s blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an alcoholic beverage, but the fact may be considered with other competent evidence in determining whether the person was under the influence of an alcoholic beverage at the time of the alleged offense. (3) If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense. (k) This section does not limit the introduction of any other competent evidence bearing upon the question whether the person ingested any alcoholic beverage or was under the influence of an alcoholic beverage at the time of the alleged offense. (l) This section applies to foreign vessels using waters subject to state jurisdiction. (Amended by Stats. 1997, Ch. 23, Sec. 1. Effective January 1, 1998.)
  12. 655.05.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A person may not operate a non-recreational vessel for 24 hours if a peace officer finds the person has an alcohol concentration of 0.01 percent or more; the peace officer must order the person out of service for 24 hours.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.05. (a) No person shall operate a vessel other than a recreational vessel for 24 hours if the person is found by a peace officer to have an alcohol concentration of 0.01 percent or more in his or her blood. The peace officer shall order the person out of service for 24 hours. (b) This section shall become operative on January 1, 1992. (Added by Stats. 1989, Ch. 1114, Sec. 6. Section operative January 1, 1992, by its own provisions.)
  13. 655.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    This section lets officers request chemical testing after certain vessel-related arrests, and it sets out the person’s test-choice rights, officer advisements, and limited exemptions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.1. (a) As used in this section, “mechanically propelled vessel” means any vessel actively propelled by machinery, whether or not the machinery is the principal source of propulsion. (b) (1) A peace officer, having reasonable cause to believe that any person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug, who lawfully arrests the person for any violation of subdivision (b), (c), (d), (e), or (f) of Section 655, may request that person to submit to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood. (2) The arrested person shall be advised of all of the following: (A) A criminal complaint may be filed against him or her for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. (B) He or she has a right to refuse chemical testing. (C) An officer has the authority to seek a search warrant compelling the arrested person to submit a blood sample as described in paragraph (16) of subdivision (a) of Section 1524 of the Penal Code. (D) He or she does not have the right to have an attorney present before stating whether he or she will submit to the chemical testing, before deciding which chemical test or tests to take, or during the administration of the chemical test or tests chosen. (c) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of an alcoholic beverage and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood or breath and the person shall be advised by the arresting officer that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then subdivision (n) applies. (d) If the person is lawfully arrested for operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug or the combined influence of an alcoholic beverage and any drug and submits to the chemical testing, the person has the choice of whether the chemical test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice. (e) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the arresting officer has reasonable cause to believe that the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device under the influence of any drug, or the combined influence of an alcoholic beverage and any drug, and if the arresting officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The arresting officer shall state in his or her report the facts upon which that belief and that clear indication are based. The person shall have the choice of submitting to and completing a blood or urine test, and shall be advised by the arresting officer that he or she is requested to submit to an additional test, and that he or she may choose a test of either blood or urine. If the person arrested is either incapable, or states that he or she is incapable, of completing either chosen chemical test, the person shall submit to and complete the other remaining chemical test. (f) (1) A person who chooses to submit to a breath test shall be advised before or after the breath test that the breath-testing equipment does not retain any sample of the breath, and that no breath sample will be available after the breath test which could be analyzed later by the person or any other person. (2) The person shall also be advised that, because no breath sample is retained, the person will be given an opportunity to provide a blood or urine sample that will be retained at no cost to the person so that there will be something retained that may be subsequently analyzed for the alcoholic content of the person’s blood. If the person completes a breath test and wishes to provide a blood or urine sample to be retained, the sample shall be collected and retained in the same manner as if the person had chosen a blood or urine test initially. (3) The person shall also be advised that the blood or urine sample may be tested by either party in any criminal prosecution. The failure of either party to perform this chemical test shall place no duty upon the opposing party to perform the chemical test nor affect the admissibility of any other evidence of the drug or alcoholic content of the blood of the person arrested. (g) If the person is lawfully arrested for any offense allegedly committed in violation of subdivision (b), (c), (d), (e), or (f) of Section 655, and because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular chemical test of, or to obtain a particular sample of, the person’s blood, breath, or urine, the person has the choice of submitting to those chemical tests that are available at the facility to which that person has been transported. In this event, the arresting officer shall advise the person of those chemical tests that are available at the medical facility, and that the person’s choice is limited to those chemical tests that are available. (h) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal may be subjected to chemical testing of his or her blood, breath, or urine for the purpose of determining the drug or alcoholic content of the blood, whether or not the person is advised of the information specified in paragraph (2) of subdivision (b). (i) Any person who is afflicted with hemophilia is exempt from the blood test provided for in this section. (j) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test provided for in this section. (k) A person lawfully arrested for any offense allegedly committed while the person was operating a mechanically propelled vessel or manipulating any water skis, aquaplane, or similar device in violation of subdivision (b), (c), (d), (e), or (f) of Section 655 may request the arresting officer to have a chemical test made of his or her blood or breath for the purpose of determining the drug or alcoholic content of the blood and, if so requested, the arresting officer shall have the chemical test performed. However, if a blood or breath test, or both, are unavailable, then subdivision (n) applies. (l) Any chemical test of blood, breath, or urine to determine the percentage, by weight, of alcohol in the blood shall be performed in accordance with Section 23158 of the Vehicle Code. (m) This section does not limit the authority of a peace officer to gather evidence from a person lawfully arrested for a violation of subdivision (b), (c), (d), (e), or (f) of Section 655. (n) If a blood or breath test is not available under paragraph (1) of subdivision (c) or under subdivision (k), the person shall submit to the remaining test in order to determine the percentage, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (Amended by Stats. 2017, Ch. 561, Sec. 98. (AB 1516) Effective January 1, 2018.)
  14. 655.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Machinery-propelled vessels must not exceed 5 miles per hour in certain proximity zones, unless an exception applies.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.2. (a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour in any portion of the following areas not otherwise regulated by local rules and regulations: (1) Within 100 feet of any person who is engaged in the act of bathing. A person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing for the purposes of this section. (2) Within 200 feet of any of the following: (A) A beach frequented by bathers. (B) A swimming float, diving platform, or lifeline. (C) A way or landing float to which boats are made fast or that is being used for the embarkation or discharge of passengers. (b) This section does not apply to the following: (1) Vessels, including personal water craft, clearly identifiable as lifeguard rescue vessels engaged in public safety activities. (2) Public safety vessels engaged in direct law enforcement activities or public safety activities that are displaying the distinctive blue lights prescribed by subdivision (a) of Section 652.5. (3) Personal water craft, clearly identifiable as lifeguard rescue vessels or public safety vessels, operating within the surf zone. (c) The vessels described in subdivision (b) are also exempt from any locally imposed speed regulation adopted pursuant to Section 660, but shall be operated in accordance with subdivision (c) of Section 655.7. (d) For purposes of this section, the following terms have the following meanings: (1) “Clearly identifiable as lifeguard rescue vessel” means an authorized lifeguard water rescue vessel operated by or owned by a public agency. (2) “Public safety activities” include public agency sanctioned patrolling, traffic control, assisting disabled vessels, salvage operations, firefighting, providing medical assistance, search and rescue, and training. (Amended by Stats. 2022, Ch. 203, Sec. 2. (AB 1682) Effective January 1, 2023.)
  15. 655.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    The department may adopt regulations for vessel rules of the road and pilot rules on the waters of this state.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.3. The department may adopt regulations to establish and maintain for the use of vessels and the equipment on vessels on the waters of this state rules of the road and pilot rules in conformity with those contained in the federal navigation laws or the navigation rules promulgated by the United States Coast Guard. (Amended by Stats. 1997, Ch. 666, Sec. 4. Effective January 1, 1998.)
  16. 655.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A person may not serve as a crew member on a charter boat while under the influence of alcohol or drugs.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.4. (a) No person shall serve as a crew member on any charter boat while under the influence of intoxicating liquor, any drug, or the combined influence of intoxicating liquor and any drug. (b) No person shall serve as a crew member on any charter boat while under the influence of intoxicating liquor, any drug, or under the combined influence of intoxicating liquor and any drug, and while so serving, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, which act or neglect proximately causes bodily injury to any person other than himself or herself. (Added by Stats. 1987, Ch. 910, Sec. 1.)
  17. 655.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    If a person convicted under Section 655(b)–(f) willfully refused a peace officer’s chemical test request, the court may add enhanced penalties, including fine, imprisonment, or both, within Section 668 limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.5. (a) Whenever a person convicted of any violation of subdivision (b), (c), (d), (e), or (f) of Section 655 is found by the court to have willfully refused the request of a peace officer to submit to chemical testing of the blood, breath, or urine pursuant to Section 655.1, the court may impose enhanced penalties either by fine or imprisonment, or both, not to exceed the maximum of the penalties prescribed in Section 668. (b) A willful refusal to submit to chemical testing pursuant to subdivision (a) shall be pled and proven. (c) This section shall become operative on January 1, 1992. (Repealed (in Sec. 9) and added by Stats. 1989, Ch. 1114, Sec. 10. Section operative January 1, 1992, by its own provisions.)
  18. 655.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    People under 21 with at least 0.01% alcohol in their blood must not operate a motorized vessel or use water skis, an aquaplane, or a similar device.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.6. (a) It is an infraction for a person under the age of 21 years who has 0.01 percent or more, by weight, of alcohol in his or her blood to operate any motorized vessel or manipulate water skis, an aquaplane, or a similar device. (b) A person may be found to be in violation of subdivision (a) if the person was, at the time of operating any motorized vessel or manipulating water skis, an aquaplane, or a similar device, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person’s blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was operating any motorized vessel or manipulating water skis, an aquaplane, or a similar device while having a concentration of 0.01 percent or more, by weight, of alcohol in his or her blood. (c) Section 655.1 applies to violations of this section. (d) A violation of this section is punishable by a fine not exceeding one hundred dollars ($100). A second violation occurring within one year of a prior violation which resulted in a conviction is punishable by a fine not exceeding two hundred dollars ($200). A third or any subsequent conviction within a period of one year of two or more prior infractions which resulted in convictions is punishable by a fine not exceeding two hundred fifty dollars ($250). A person found to have committed a violation of this section shall be required to participate in an alcohol education or community service program as provided in Section 23502 of the Vehicle Code. (Amended by Stats. 1998, Ch. 118, Sec. 1.2. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
  19. 655.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Rules for operating personal watercraft and covered vessels, including lanyard use, safe operation, nighttime restrictions, and engine cut-off switch requirements.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 655.7. (a) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cut-off switch shall attach the lanyard to themselves, their clothing, or their personal flotation device, as appropriate for the specific vessel, while operating on plane or above displacement speed. (b) A person shall not operate a personal watercraft equipped by the manufacturer with an engine cut-off switch if the engine cut-off switch or engine throttle has been altered in any way that would impede or prevent the engine cut-off switch from operating in its intended manner. (c) Every personal watercraft shall, at all times, be operated in a reasonable and prudent manner. Maneuvers that unreasonably or unnecessarily endanger life, limb, or property, including, but not limited to, jumping or attempting to jump the wake of another vessel within 100 feet of that other vessel, operating the personal watercraft toward any person or vessel in the water and turning sharply at close range so as to spray the vessel or person, or operating at a rate of speed and proximity to another vessel so that either operator is required to swerve at the last minute to avoid collision, is unsafe or reckless operation of a vessel. (d) A person shall not operate a personal watercraft at any time between the hours from sunset to sunrise. This subdivision does not apply to marine patrol, harbor police, or emergency personnel in the performance of their duties. (e) (1) Except as provided in paragraph (2), a person operating a power-driven covered vessel shall not operate or authorize another person to operate the vessel on plane or above displacement speed if the engine cut-off switch or engine cut-off switch link is missing, disconnected, or not operating properly. (2) Paragraph (1) does not apply if either of the following criteria is met: (A) The main helm of the vessel is installed within an enclosed cabin. (B) The vessel does not have an engine cut-off switch and is not required to have one pursuant to Section 4312 of Title 46 of the United States Code. (3) For purposes of this subdivision, “covered vessel” means a vessel that meets all of the following criteria: (A) Is less than 26 feet overall in length. (B) Is capable of developing 115 pounds or more of static thrust. (C) Is either equipped with an engine cut-off switch or was built on or after December 4, 2019. (f) This section does not apply to a performer who is engaged in a professional exhibition or to a person who is participating in a regatta, race, marine parade, tournament, exhibition, or other event sanctioned by the United States Coast Guard or authorized by a permit issued by the local entity having jurisdiction over the area where the event is held. (g) Any violation of this section is an infraction. (Amended by Stats. 2024, Ch. 72, Sec. 15. (SB 156) Effective July 2, 2024.)
  20. 656.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Operators and others involved in a vessel casualty must help where safe, report the casualty as required, and some reports must be sent to the department; the department also has reporting and enforcement duties.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 656. (a) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to his or her own vessel, crew, and passengers, to render to other persons affected by the collision, accident, or other casualty that assistance that is practicable and necessary in order to save them from, or minimize any, danger caused by the collision, accident, or other casualty. (b) Any person who complies with subdivision (a) or Section 656.1, 656.2, or 656.3 or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection by any person assisted, shall not be held liable for any civil damages sought as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance, if the assisting person has acted as an ordinary, reasonably prudent person would have acted under the same or similar circumstances. (c) (1) An individual employee of a public entity engaged in rescue pursuant to this code shall not be a proper party defendant and shall be dismissed on motion, unless the employee has violated a statute other than a statute creating a general obligation to rescue or is guilty of oppression, fraud, malice, or the conscious disregard of the safety of others. (2) The public entity employing such an individual shall be liable in civil damages if the individual employee has failed to act as a reasonably prudent person would have acted under the same or similar circumstances. (3) If a public entity has given a reasonable printed, electronic, or verbal warning of the danger causing the distress that created the necessity for the rescue, and there has been a reasonable opportunity for the party in distress to receive the warning, the public entity is liable only for acts or omissions of its employee that were taken in a grossly negligent manner. (d) The owner, operator, or other person who is on board a vessel involved in a casualty or accident shall report the casualty or accident in accordance with regulations adopted by the department. The department shall adopt regulations to maintain a uniform casualty and accident reporting system for vessels subject to this code in conformity with federal casualty and accident reporting regulations promulgated by the United States Coast Guard or any successor to those regulations. Consistent with Public Law 92-75 and the federal regulations contained in Part 173 of Title 33 of the Code of Federal Regulations, a peace officer or harbor police officer upon receiving an initial report of a casualty involving the death or disappearance of a person as a result of a boating accident, shall immediately forward the report, by quickest means available, to the department. (1) A public agency that is under contract with the department to receive law enforcement grant funds from the department shall, pursuant to regulations adopted by the department, complete and submit to the department a report for any boating accident to which it responds or for which it receives a report. (2) A public agency that has received any law enforcement grant funds from the department that does not submit an accident report as required under paragraph (1) shall be determined by the department to be ineligible to receive future grant funds for up to five fiscal years following the date of the failure to submit a report, except upon a showing of good cause by that public agency. (3) The department shall use reasonable means to do both of the following: (A) Obtain from a public agency any complete report required to be submitted pursuant to paragraph (1). (B) Notify a public agency of the failure to submit a report required under paragraph (1) before taking action pursuant to paragraph (2). (e) Neither the report required by this section nor any action taken by the department with regard to the report shall be referred to in any way, or be any evidence of negligence or due care of any party, at the trial of any action at law to recover damages. (f) All required accident reports, and supplemental reports, shall be without prejudice to the individual so reporting and shall be for the confidential use of the department and any peace officer actually engaged in the enforcement of this chapter, except that the department shall disclose the names and addresses of persons involved in, or witnesses to, an accident, the registration numbers and descriptions of vessels involved, and the date, time, and location of an accident to any person who may have a proper interest in that information, including the operator involved or the legal guardian of that operator, the parent of a minor operator, the authorized representative of an operator, or any person injured, and the owners of vessels or property damaged, in the accident. (g) This section applies to foreign vessels, military or public recreational-type vessels, vessels owned by a state or subdivision of a state, and ship’s lifeboats otherwise exempted from this chapter pursuant to Section 650.1. (Amended by Stats. 2013, Ch. 165, Sec. 1. (SB 457) Effective January 1, 2014.)
  21. 656.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A vessel operator involved in an accident that damages other property must stop if reasonable, identify and notify the property owner, and either show registration and give addresses when asked or leave a written notice and promptly notify law enforcement if the other party cannot be found.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 656.1. The operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in damage to other property shall, if reasonable to do so under the circumstances, stop at the scene of the accident and shall do either of the following: (a) Locate and notify the owner or person in charge of the damaged property of the name and address of the operator and owner of the vessel involved, and upon locating the owner or operator of any other vessel involved, or the owner or person in charge of any other property damaged, upon being requested, exhibit the vessel registration and furnish the current residence address of the vessel’s owner and operator to the other person. (b) If the owner or person in charge of the damaged property or the owner or operator of any other vessel involved cannot be located, leave, in a conspicuous place on the property damaged or other vessel involved, a written notice giving the name and address of the operator and of the owner of the vessel involved and a statement of the circumstances of the accident, and, without unnecessary delay, notify the law enforcement agency having jurisdiction over the waterway or, if unknown, the sheriff of the county in which the accident occurred. (Added by Stats. 1986, Ch. 877, Sec. 3.5.)
  22. 656.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    If a vessel operator is in an accident in California waters and knows or should know someone was injured, the operator must give identifying information and reasonable help.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 656.2. In addition to the requirements of Section 656.1, the operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in injury to any person shall furnish his or her name, address, and the registration number of the vessel, and the name of the owner, to the person injured, or occupant of any other vessel involved, or shall furnish that information to any peace officer at the scene of the accident, and shall render to any injured person reasonable assistance, including transportation for medical treatment if required or requested by the injured person, so far as the operator can do so without serious danger to the vessel or passengers. (Added by Stats. 1986, Ch. 877, Sec. 4.)
  23. 656.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A vessel operator who knows or should know that an accident caused a death or disappearance must, after completing the other required steps, report the accident without delay to the proper law enforcement agency or, if that is unknown, the county sheriff, when no peace officer is at the scene.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 656.3. In addition to the requirements of Sections 656.1 and 656.2, the operator of any vessel involved in an accident in the waters of this state who knows or has reason to know that the accident resulted in the death or disappearance of any person shall, after fulfilling the requirements of this division, and if there is no peace officer at the scene of the accident to whom to furnish the information required by Section 656.2, without delay, report the accident to the law enforcement agency having jurisdiction over the waterway or, if unknown, the sheriff of the county in which the accident occurred. (Added by Stats. 1986, Ch. 877, Sec. 5.)
  24. 656.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    The department may develop a public information and research program to help reduce loss of life and property in vessel operation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 656.4. The department is authorized to develop a program of public information and research in the interest of reducing loss of life and property in the operation of vessels covered by this chapter. (Added by renumbering Section 685.4 by Stats. 1967, Ch. 842.)
  25. 657.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    If an authorized U.S. official or agency duly requests it, the department must transmit information covered by Section 656 to that official or agency.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 657. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to Section 656 shall be transmitted to said official or agency of the United States. (Amended by Stats. 1973, Ch. 930.)
  26. 658.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    This section restricts towing people on water skis or similar devices, limits nighttime water-skiing activities, bars dangerous collisions, and allows the department to issue safety rules for the covered watercraft.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 658. (a) No person shall operate a vessel on any waters for towing a person or persons on water skis, an aquaplane, or a similar device unless there is in the vessel a person at least 12 years of age, in addition to the operator, in a position to observe the progress of the persons being towed. This subdivision does not apply to motorboats less than 16 feet in length actually operated by the person or persons being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. The department may establish rules and regulations governing the operation of those watercraft, which rules and regulations shall provide the greatest possible safety of persons and vessels. (b) No person shall operate a vessel on any waters of this state towing a person or persons on water skis, an aquaplane, or a similar device nor shall any person engage in water skiing, aquaplaning, or other similar activity at any time between the hours from sunset to sunrise, except that those hours do not apply to those waters of this state as to which prohibited hours for those activities are fixed by local ordinances, laws, or regulations enacted pursuant to this chapter. (c) Subdivisions (a) and (b) of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in a regatta, vessel or water ski race, or other marine event authorized pursuant to Section 268. (d) No person shall operate or manipulate any vessel, towrope, or other device by which the direction or location of water skis, an aquaplane, or a similar device may be affected or controlled so as to cause the water skis, aquaplane, or similar device, or any person thereon, to collide with, or strike against, any object or person. This subdivision does not apply to collisions of two or more persons on water skis, aquaplanes, or similar devices being towed by the same vessel. (e) No person shall operate water skis, an aquaplane, or a similar device so as to endanger the life, limb, or property of any person. (Amended by Stats. 1987, Ch. 745, Sec. 10.)
  27. 658.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    Rules require personal flotation devices when using recreational vessels, personal watercraft, and towed water-sport devices, with specific exceptions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 658.3. (a) A person shall not use a recreational vessel unless all of the following requirements are met: (1) There is at least one wearable personal flotation device on board the vessel for each person on the vessel. (2) Each personal flotation device is used in accordance with the requirements on its approval label. (3) If a personal flotation device’s approval label refers to an owner’s manual, then the personal flotation device is used in accordance with the requirements in its owner’s manual. (b) A person shall not use a recreational vessel 16 feet or more in length unless one throwable personal flotation device is onboard in addition to the number of wearable personal flotation devices required by subdivision (a). (c) A person shall not operate a recreational vessel underway with a child under 13 years of age onboard unless at least one of the following requirements is met: (1) The child is wearing an appropriate personal flotation device that is approved by the United States Coast Guard. (2) The child is below deck or in an enclosed cabin. (d) A person on board a personal watercraft or a person being towed behind a vessel on water skis, an aquaplane, or similar device, except for an underwater maneuvering device intended for use by a submerged swimmer, shall wear a United States Coast Guard-approved wearable personal flotation device that is used in accordance with approval labels and manufacturer’s instructions. An underwater maneuvering device is a towed or self-powered apparatus that a person can pilot through diving, turning, and surfacing maneuvers that is designed for underwater use. (1) This subdivision does not apply to a person aboard a personal watercraft or a person being towed behind a vessel on water skis, if that person is a performer engaged in a professional exhibition, or preparing to participate or participating with authorization pursuant to a United States Coast Guard permit or other permit granted pursuant to subdivision (a) of Section 268 in an official regatta, marine parade, tournament, or exhibition. (2) In lieu of wearing a United States Coast Guard-approved wearable personal flotation device as described in this subdivision, a person engaged in slalom skiing on a marked course or a person engaged in barefoot, jump, or trick waterskiing may elect to wear a wetsuit designed for the activity and labeled by the manufacturer as a water ski wetsuit. A United States Coast Guard-approved personal flotation device as described in this subdivision shall be carried in the tow vessel for each skier electing to wear a water ski wetsuit pursuant to this paragraph. (e) The requirements set forth in subdivisions (a) and (d) do not apply to a person 13 years of age or older operating a recreational vessel if the vessel is engaged in an emergency rescue situation. (f) Subdivision (a) does not apply to a person operating a “passenger vessel,” as defined in Section 2101(31) of Title 46 of the United States Code or a “small passenger vessel,” as defined in Section 2101(47) of Title 46 of the United States Code. (g) For purposes of this section, the following definitions apply: (1) “Enclosed cabin” means a space on board a vessel that is surrounded by bulkheads or canvas, and covered by a roof. (2) “Underway” means all times except when the motorboat, sailboat, or vessel is anchored, moored, or aground. (h) A violation of this section is an infraction punishable as provided in subdivision (a) of Section 668. (Amended by Stats. 2024, Ch. 72, Sec. 16. (SB 156) Effective July 2, 2024.)
  28. 658.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Minors under 16 generally cannot operate certain motorized vessels, with limited exceptions; ages 12 to 15 may do so only with an attentive adult supervisor in the vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 658.5. (a) Except as provided in subdivision (b), no person under 16 years of age shall operate a vessel powered by a motor of greater than 15 horsepower, except for a vessel that does not exceed 30 feet in length and is designed to use wind as its principal source of propulsion, or a dinghy used directly between a moored vessel and the shoreline or between a moored vessel and another moored vessel. (b) Except as provided in subdivision (a), no person 12, 13, 14, or 15 years of age shall operate a vessel powered by a motor of greater than 15 horsepower, or a vessel that exceeds 30 feet in length and is designed to use wind as its principal source of propulsion, unless the person is accompanied in the vessel by a person who is at least 18 years of age and who is attentive and supervising the operation of the vessel. (c) Subdivisions (a) and (b) do not apply to any of the following: (1) A person who operates a vessel as a performer in a professional exhibition. (2) A person engaged in an organized regatta, vessel race, or water ski race. (3) A person engaged in a marine event authorized pursuant to Section 268. (d) Any person who violates this section, and any person who permits any other person under 16 years of age to operate a vessel in violation of this section, is guilty of an infraction. (Repealed and added by Stats. 1997, Ch. 747, Sec. 2. Effective January 1, 1998.)
  29. 658.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    An operator towing a skier must display a ski flag for the listed skier conditions, unless an exception applies; violating this rule is an infraction with a fine of up to $15.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 658.7. (a) Failure of the operator of a vessel involved in towing a skier to display or cause to be displayed a ski flag, as described in subdivision (a) of Section 7009 of Title 14 of the California Code of Regulations, to indicate any of the following conditions, is an infraction punishable by a fine not exceeding fifteen dollars ($15): (1) A downed skier. (2) A skier in the water preparing to ski. (3) A ski line extended from the vessel. (4) A ski in the water in the vicinity of the vessel. (b) Subdivision (a) does not apply to a performer engaged in a professional exhibition or a person engaged in a regatta, vessel or water ski race or competition, or other marine event authorized pursuant to Section 268. (Added by Stats. 1990, Ch. 751, Sec. 1.)
  30. 659.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    The department may make rules for uniform navigational marking of the state’s waters, and others may not mark those waters in a way that conflicts with the department’s markings.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 659. The department may make rules and regulations for the uniform navigational marking of the waters of this state. Such rules and regulations shall not be in conflict with markings prescribed by the United States Coast Guard. No city, county, or person shall mark the waters of this state in any manner in conflict with the markings prescribed by the department. (Amended by Stats. 1970, Ch. 1428.)
  31. 66.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The department may advance appropriated money for certain projects, but only with the Director of Finance’s approval, and the federal government must reimburse the fund.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 66. The department, with the approval of the Director of Finance, and on terms satisfactory to the department may advance moneys appropriated for this purpose in the amount required to meet the federal share of any project described in Section 65.5 in order to carry out construction of the project. Reimbursement from the federal government shall be reimbursed to the fund from which the advance was made. (Added by Stats. 1970, Ch. 1428.)
  32. 66.1.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    If the department is the construction agency for a federally authorized beach erosion control project, the cooperating city, county, or other public agency must send its share of the project costs to the department before construction starts.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 66.1. Where the department is the construction agency, the city, county or other public agency acting in cooperation with the department in the construction of any federally authorized beach erosion control project shall transmit funds representing its share of the costs to the department for deposit in the State Treasury in advance of commencement of construction work. (Added by Stats. 1970, Ch. 1428.)
  33. 660.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Local measures about boats and vessels by non-department entities are limited and must be submitted to the department before adoption; emergency rules can take effect immediately but generally last no more than 60 days unless the department extends them.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 660. (a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity other than the department, including, but not limited to, any county, city, port authority, district, or any state agency other than the department, shall, notwithstanding any other provision of law, pertain only to time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control, and the measure shall not conflict with this chapter or the regulations adopted by the department. Except as provided in subdivision (c), any measure relating to boats or vessels adopted by any governmental entity other than the department shall be submitted to the department prior to adoption and at least 30 days prior to the effective date thereof. (b) The department may make special rules and regulations governing the use of boats or vessels on any body of water within the territorial limits of two or more counties, cities, or other political subdivisions if no special rules or regulations exist or if the department determines that the local laws regulating the use of boats or vessels on that body of water are not uniform and that uniformity is practicable and necessary. (c) (1) Any entity, including, but not limited to, any county, city, port authority, district, or state agency, otherwise authorized by law to adopt measures governing the use and equipment, and matters relating thereto, of boats or vessels, may adopt emergency rules and regulations that are not in conflict with the general laws of the state relating to boats and vessels using any waters within the jurisdiction of the entity if those emergency rules and regulations are required to ensure the safety of persons and property because of disaster or other public calamity. (2) The emergency rules and regulations adopted under paragraph (1) shall become effective immediately upon adoption and may remain in effect for not to exceed 60 days thereafter. The emergency rules and regulations shall be submitted to the department on or before their adoption. (3) After submission of emergency rules and regulations adopted pursuant to paragraph (1) to the department, the department may authorize the adopting entity to make the emergency rules and regulations effective for the period of time greater than 60 days that is necessary in view of the disaster or circumstances. (Amended by Stats. 2004, Ch. 501, Sec. 1. Effective January 1, 2005.)
  34. 661.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    An owner of an undocumented vessel numbered under this code can be liable for injuries, death, or property damage caused by negligent operation with the owner’s permission, subject to stated damage limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 661. (a) Every owner of an undocumented vessel numbered under this code is liable and responsible for the death of or injury to person or property resulting from negligence in the operation of such vessel, in the business of the owner or otherwise, by any person using and operating the same with the permission, express or implied, of the owner, and the negligence of such person shall be imputed to the owner for all purposes of civil damage. It shall be presumed that such vessel is being operated with the knowledge and consent of the owner if at the time of the injury, death or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner’s family. Nothing contained in this chapter shall be construed to relieve any person from any liability which he would otherwise have, but nothing contained in this chapter shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred. (b) The liability of an owner for imputed negligence imposed by this section and not arising through the relationship of principal and agent or master and servant is limited to the amount of ten thousand dollars ($10,000) for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited to the amount of twenty thousand dollars ($20,000) for the death of or injury to more than one person in any one accident and is limited to the amount of ten thousand dollars ($10,000) for damage to property of others in any one accident. (c) In any action against an owner on account of imputed negligence as imposed by this section the operator of the vessel whose negligence is imputed to the owner shall be made a party defendant if personal service of process can be had upon the operator within this State. Upon recovery of judgment, recourse shall first be had against the property of the operator so served. (d) If there is recovery under this section against an owner based on imputed negligence, the owner is subrogated to all the rights of the person injured or whose property has been injured and may recover from the operator the total amount of any judgment and costs recovered against the owner. (e) If the bailee of an owner with the permission, expressed or implied, of the owner permits another to operate the vessel of the owner, then the bailee and such operator shall both be deemed operators of the vessel of the owner within the meaning of subdivisions (c) and (d) of this section. (f) Where two or more persons are injured or killed in one accident, the owner may settle and pay any bona fide claims for damages arising out of personal injuries or death, whether reduced to judgment or not, and the payments shall diminish to the extent thereof the owner’s total liability on account of the accident. Payments aggregating the full sum of twenty thousand dollars ($20,000) shall extinguish all liability of the owner for death or personal injury arising out of the accident which exists by reason of imputed negligence, pursuant to this section, and did not arise through the negligence of the owner nor through the relationship of principal and agent or master and servant. (g) If a vessel is sold under a contract of conditional sale whereby the title to such vessel remains in the vendor, such vendor or his assignee shall not be deemed an owner within the provisions of this section relating to imputed negligence, but the vendee or his assignee shall be deemed the owner notwithstanding the terms of such contract, until the vendor or his assignee retakes possession of the vessel. A chattel mortgagee of a vessel out of possession is not an owner within the provisions of this section relating to imputed negligence. (h) No action based on imputed negligence under this section shall abate by reason of the death of any injured person or of any person liable or responsible under the provisions of this section. In any action for physical injury based on imputed negligence under this section by the executor, administrator, or personal representative of any deceased person, the damages recoverable shall be the same as those recoverable under Section 956 of the Civil Code. (Repealed and added by Stats. 1961, Ch. 2132.)
  35. 662.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A copy of the ordinances or local laws adopted under this chapter, and any amendments, must be filed in the department’s office.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 662. A copy of the ordinances or local laws adopted pursuant to this chapter, and of any amendments thereto, shall be filed in the office of the department. (Added by Stats. 1959, Ch. 1454.)
  36. 663.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Peace officers must enforce this chapter and related department regulations, and they may stop and board covered vessels if they have probable cause to believe a legal violation exists.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 663. Every peace officer of this state or of any city, county, city and county, or other political subdivision of the state shall enforce this chapter and any regulations adopted by the department pursuant to this chapter and in the exercise of that duty shall have the authority to stop and board any vessel subject to this chapter, where the peace officer has probable cause to believe that a violation of state law or regulations or local ordinance exists. (Amended by Stats. 1987, Ch. 745, Sec. 11.)
  37. 663.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A peace officer may arrest, without a warrant, a person involved in a vessel accident if the officer has reasonable cause to believe the person was operating the vessel under the influence.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 663.1. Notwithstanding any other provision of law, a peace officer may, without a warrant, arrest a person who is involved in an accident in the waters of this state involving a vessel when the officer has reasonable cause to believe that the person had been operating the vessel while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. (Added by Stats. 1986, Ch. 877, Sec. 7.)
  38. 663.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Harbor policemen in a county, city, or district must enforce this chapter and related rules, may stop vessels and issue notices to appear, and must wear a distinctive uniform; if they use a vessel, it must be marked and colored as specified by the department.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 663.5. Within the territorial limits of a county, city, or district, a harbor policeman regularly employed and paid as such by the county, city, or district shall also enforce the provisions of this chapter and any rules or regulations adopted by the department pursuant to this chapter and the provisions of Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code. In the exercise of his duties, a harbor policeman shall have the authority to stop any vessel subject to this chapter and to issue written notices to appear in court pursuant to Section 664. As used in Section 664, the term “officer” shall include a harbor policeman regularly employed and paid as such by a county, city, or district. Every harbor policeman who is on duty for the purpose of enforcing the provisions of this chapter, and the rules and regulations adopted by the department pursuant to this chapter, shall wear a full distinctive uniform, and, if he uses a vessel, the vessel shall be painted a distinctive color and appropriately marked as specified by the department to identify it as a harbor police vessel. (Amended by Stats. 1970, Ch. 1544.)
  39. 663.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A vessel subject to this chapter must stop immediately and lie to, or maneuver to let a law-enforcement vessel come alongside, when lawfully ordered to do so while under way.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 663.6. Every vessel subject to this chapter, if under way and lawfully ordered to stop and lie to by a peace officer or harbor policeman authorized to enforce the provisions of this chapter who is either in a uniform of a law enforcement agency or the harbor police or in a vessel that is distinctly marked as belonging to a law enforcement agency or to the harbor police, shall stop immediately and lie to, or shall maneuver in such a way as to permit the peace officer or harbor police vessel to come alongside. (Added by Stats. 1972, Ch. 454.)
  40. 663.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Counties and certain public agencies may receive boating safety aid, but funding is conditional on applications, annual county resolutions, spending certifications, reporting, and department-administered allocation rules.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 663.7. (a) Each county of the state is entitled to receive state financial aid for boating safety and enforcement programs on waters under its jurisdiction as provided in this section. A boating safety and enforcement program, as used in this section, includes search and rescue operations, recovery of drowned bodies, enforcement of state and local measures for regulation of boating activities, inspection of vessels, and supervision of organized water events. (b) A public agency within a county and the Department of Parks and Recreation are entitled to receive aid for boating safety and enforcement programs on waters under their jurisdiction through the county in which it lies, and that aid shall be counted as aid to the county; except that aid provided under subdivision (h) for boating safety and enforcement programs of the Department of Parks and Recreation for waters under its jurisdiction shall not be counted as aid to a county. (c) (1) Of the funds appropriated for boating safety and enforcement programs pursuant to Section 85.2, the department shall adopt and utilize a formula that first allocates funds to counties so that no county receives less than the amount it was allocated in the 1996–97 fiscal year, unless the county’s program is reduced, or the county does not meet the eligibility requirements of this section. If the total amount of money in the Harbors and Watercraft Revolving Fund is less than the amount available for the 1996–97 fiscal year, the funds allocated to each county shall be reduced in proportion to the reduction in the overall fund relative to the 1996–97 fiscal year. (2) Second, from funds remaining, the department shall allocate funds to eligible counties which have submitted a grant application pursuant to subdivision (i) but which do not receive an allocation pursuant to paragraph (1). (3) The funds allocated pursuant to paragraph (1) shall not be greater in total amount than 50 percent of the funds appropriated for boating safety programs, unless the department determines that an amount greater than 50 percent is needed to meet the minimum allocation requirements set forth in paragraph (1). (d) The amount of aid for which a county or a public agency within a county is eligible under this section shall not exceed the total cost of its boating safety and enforcement program. Notwithstanding paragraph (1) of subdivision (c), no county shall receive an amount greater than 20 percent of the total funds appropriated to all counties for boating safety and enforcement programs in any fiscal year. Notwithstanding any other provision of this section, any county that receives a boating safety and enforcement allocation during the 1997–98 fiscal year as a result of a prior appropriation shall not receive an additional allocation for the 1997–98 fiscal year pursuant to this section. (e) The department shall not allocate funds to any county or a public agency within a county unless the department receives a resolution adopted annually by the board of supervisors authorizing the county to participate in the program and certifying that the county will expend for boating safety programs during that year not less than an amount equal to 100 percent of the amount received by the county from personal property taxes on vessels. The money allocated to a county pursuant to subdivision (a) shall be used only for boating safety and enforcement programs, as specified in subdivision (a), that are conducted in that county. (f) Any county that receives an allocation of funds pursuant to subdivision (c) shall submit a report to the department on or before 60 days after the end of the fiscal year that provides all of the following: (1) The purpose for which funds received in the immediately preceding fiscal year were spent. (2) The total amount expended on boating safety and enforcement programs in the immediately preceding fiscal year. (3) All pertinent boating safety and enforcement and accident statistics from the immediately preceding fiscal year. (4) All other data that may be required by the department relating to improved boating safety in California. (g) The department shall provide in its biennial report to the Legislature a summary of boating safety activities undertaken by the counties receiving financial aid from the department in the immediately preceding two fiscal years along with a summary of the information received pursuant to subdivision (f). (h) Aid for boating safety and enforcement programs shall be made available to the Department of Parks and Recreation for waters under its jurisdiction in accordance with a boat entry unit cost factor derived by dividing the most recent annual boat entry count into the maximum amount available and appropriated for those programs in the 1969–70 fiscal year. Budgets for those programs shall be estimated for each fiscal year and adjustments shall be made thereto for the previous year in accordance with the actual boat entry count as it becomes available multiplied by the boat entry unit cost factor. The amount thus determined shall be available to the Department of Parks and Recreation from the Harbors and Watercraft Revolving Fund. (i) Entities or agencies desiring aid under this section shall submit grant applications to the department at least six months prior to the period for which aid is required. Grant applications shall be in the form and contain the information that the department may require. (j) Within 60 days after the close of any period for which aid is received, the entity or agency shall submit to the department a statement of the expenditures actually incurred, in the form and containing the information that the department may require. (k) The department shall be responsible for the administration of this section, and may adopt rules and regulations that may be necessary to carry out its provisions. The department shall make periodic evaluations of the effectiveness of programs receiving aid under this section. (Amended by Stats. 1996, Ch. 971, Sec. 2.5. Effective January 1, 1997.)
  41. 664.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    If someone is arrested for certain vessel-related violations and is not taken immediately to a magistrate, the officer must issue a written notice to appear, and the person may secure release by signing it and promising to appear.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 664. (a) When any person is arrested for a violation of this chapter or any regulation adopted by the department pursuant to this chapter or any ordinance or local law relating to the operation and equipment of vessels, and that person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of that person, the offense charged, and the time and place where and when that person shall appear in court. (b) The time specified in the notice to appear must be at least five days after the arrest. (c) The place specified in the notice to appear shall be any of the following: (1) Before a superior court judge who is within the county in which the offense charged is alleged to have been committed and who is nearest and most accessible to the place where the arrest is made. (2) Upon demand of the person arrested, before a superior court judge at the county seat of the county in which the offense is alleged to have been committed. (3) Before an officer authorized by the county, city, or city and county, to receive a deposit of bail. (4) Before a superior court judge within 50 miles by the nearest road to the place of the alleged offense and whose county contains any portion of the body of water upon which the offense charged is alleged to have been committed. (d) The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give a written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. (e) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in the magistrate’s judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by the defendant in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in the magistrate’s discretion order that no further proceedings shall be had in the case. Upon the making of any order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code. (f) No warrant shall issue on any charge for the arrest of a person who has given a written promise to appear in court, unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (Amended by Stats. 2003, Ch. 449, Sec. 22. Effective January 1, 2004.)
  42. 665.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    A person who willfully violates a written promise to appear in court commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 665. Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Added by Stats. 1959, Ch. 1454.)
  43. 666.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    If a person signs a written promise to appear and then fails to appear without having posted bail under Section 664, the magistrate must issue an arrest warrant within 20 days. If the promise was made to a non-magistrate bail officer and is violated, that officer must immediately send the promise and any complaint to the magistrate.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 666. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 664, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then, within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Added by Stats. 1959, Ch. 1454.)
  44. 667.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    This section makes certain superior court locations proper venues for trial in vessel-related violation cases if location and water-body conditions are met.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 667. In addition to any other court which may be a proper place of trial, any superior court location where cases of that type are tried, within 50 miles by the nearest road to the place of the alleged offense, shall be a proper place of trial of any person on a charge of violation of this chapter or any regulation adopted by the department pursuant to this chapter or any ordinance or local law relating to the operation and equipment of vessels if the county in which the court is located includes any portion of the body of water upon which the offense charged is alleged to have been committed. (Amended by Stats. 2003, Ch. 449, Sec. 23. Effective January 1, 2004.)
  45. 668.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    This section sets fines, jail terms, and probation conditions for violating specified vessel-operation and equipment rules.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 668. (a) Any person who violates subdivision (c) of Section 652, Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or any regulations adopted pursuant thereto, or any regulation adopted pursuant to Section 655.3 relating to vessel equipment requirements, is guilty of an infraction, punishable by a fine of not more than two hundred fifty dollars ($250). (b) (1) (A) Except as provided in subdivision (a), any person who violates any regulation adopted pursuant to Section 655.3 is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100) or imprisonment in a county jail for not more than five days, or by both that fine and imprisonment, for each violation. (B) Notwithstanding subparagraph (A), any person who violates subdivision (b) of Section 6695 of Article 5 of Chapter 1 of Division 4 of Title 14 of the California Code of Regulations relating to blinding lights, is guilty of an infraction, punishable by a fine of not more than one hundred dollars ($100). (C) Notwithstanding subparagraph (A), any person who violates Section 6600.1 of Article 5 of Chapter 1 of Division 4 of Title 14 of the California Code of Regulations, by violating United States Coast Guard Navigation Rule 20, relating to navigation lights, is guilty of an infraction, punishable by a fine of not more than one hundred dollars ($100). (2) Any person who violates subdivision (a) or (b) of Section 658 is guilty of an infraction and shall be punished by a fine of not more than two hundred dollars ($200) for each violation. (3) (A) Any person who violates subdivision (d) of Section 652, subdivision (a) of Section 655, Section 655.05, 656, or 656.1, subdivision (d) or (e) of Section 658, Section 663.6 or 665, or any rules and regulations adopted pursuant to subdivision (b) or (c) of Section 660, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail for not more than six months, or by both that fine and imprisonment, for each violation. (B) Notwithstanding subparagraph (A), any person who violates subdivision (a) of Section 655 by violating subdivision (a) of Section 6697 of Article 5 of Chapter 1 of Division 4 of Title 14 of the California Code of Regulations, relating to riding on the bow, gunwale, or transom of a vessel propelled by machinery is guilty of an infraction, punishable by a fine of not more than two hundred fifty dollars ($250). (4) Any person who violates Section 652.5 is guilty of an infraction, punishable by a fine of not more than one hundred dollars ($100). (5) Any person who violates Section 655.2, or any regulation adopted pursuant thereto, is guilty of an infraction, punishable by a fine of not more than one hundred dollars ($100). (c) (1) Any person convicted of a violation of Section 656.2 or 656.3 shall be punished by a fine of not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or by both that fine and imprisonment. (2) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant’s ability to pay the fine and, in the interest of justice for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision. (d) Any person convicted of a violation of Section 658.5 shall be punished by a fine of not more than one hundred dollars ($100). (e) Any person convicted of a first violation of subdivision (b), (c), (d), or (e) of Section 655, or of a violation of Section 655.4, shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. If probation is granted, the court, as a condition of probation, may require the person to participate in, and successfully complete, an alcohol or drug education, training, or treatment program, in addition to imposing any penalties required by this code. In order to enable all persons to participate in licensed programs, every person referred to a program licensed pursuant to Section 11836 of the Health and Safety Code shall pay that program’s costs commensurate with that person’s ability to pay as determined by Section 11837.4 of the Health and Safety Code. (f) Any person convicted of a second or subsequent violation of subdivision (b), (c), (d), or (e) of Section 655 within seven years of the first conviction of any of those subdivisions or subdivision (f) of Section 655, or any person convicted of a violation of subdivision (b), (c), (d), or (e) of Section 655 within seven years of a separate conviction of subdivision (a) or (b) of Section 192.5 of the Penal Code, or a separate conviction of Section 23152 or 23153 of the Vehicle Code or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, when the separate conviction resulted from the operation of a motor vehicle, shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. If probation is granted, the court, as a condition of probation, may require the person to do either of the following, if available in the county of the person’s residence or employment: (1) Participate, for at least 18 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, as designated by the court. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. (2) Participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. A person ordered to treatment pursuant to this paragraph shall apply to the court or to a board of review, as designated by the court, at the conclusion of the program to obtain the court’s order of satisfaction. Only upon the granting of that order of satisfaction by the court may the program issue its certificate of successful completion. A failure to obtain an order of satisfaction at the conclusion of the program is a violation of probation. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this paragraph is a basis for reducing any other probation requirement. (g) Any person convicted of a violation of subdivision (f) of Section 655 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 90 days or more than one year, and by a fine of not less than two hundred fifty dollars ($250) or more than five thousand dollars ($5,000). If probation is granted, the court, as a condition of probation, may require the person to participate in, and successfully complete, a program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, if available in the person’s county of residence or employment, as designated by the court. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. (h) (1) If any person is convicted of a violation of subdivision (f) of Section 655 within seven years of a separate conviction of a violation of subdivision (b), (c), (d), or (e) of Section 655 and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for not less than five days or more than one year and pay a fine of not less than two hundred fifty dollars ($250) or more than five thousand dollars ($5,000). (2) If any person is convicted of a violation of subdivision (f) of Section 655 within seven years of a separate conviction of a violation of subdivision (f) of Section 655, of subdivision (a) or (b) of Section 192.5 of the Penal Code, or Section 23152 or 23153 of the Vehicle Code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, when the separate conviction resulted from the operation of a motor vehicle, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 90 days or more than one year, and pay a fine of not less than two hundred fifty dollars ($250) or more than five thousand dollars ($5,000), and the court, as a condition of probation, may order that the person participate in a manner satisfactory to the court, in a program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code, if available in the county of the person’s residence or employment. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. (i) The court shall not absolve a person who is convicted of a violation of subdivision (f) of Section 655 within seven years of a separate conviction of a violation of subdivision (b), (c), (d), (e), or (f) of Section 655, of subdivision (a) or (b) of Section 192.5 of the Penal Code, or Section 23152 or 23153 of the Vehicle Code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, when the separate conviction resulted from the operation of a motor vehicle, from the minimum time in confinement provided in this section and a fine of at least two hundred fifty dollars ($250), except as provided in subdivision (h). (j) Except in unusual cases where the interests of justice demand an exception, the court shall not strike a separate conviction of an offense under subdivision (b), (c), (d), (e), or (f) of Section 655 or of subdivision (a) or (b) of Section 192.5 of the Penal Code, or Section 23152 or 23153 of the Vehicle Code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, when the separate conviction resulted from the operation of a motor vehicle, for purposes of sentencing in order to avoid imposing, as part of the sentence or as a term of probation, the minimum time in confinement and the minimum fine, as provided in this section. When a separate conviction is stricken by the court for purposes of sentencing, the court shall specify the reason or reasons for the striking order. On appeal by the people from an order striking a separate conviction, it shall be conclusively presumed that the order was made only for the reasons specified in the order, and the order shall be reversed if there is no substantial basis in the record for any of those reasons. (k) A person who flees the scene of the crime after committing a violation of subdivision (a), (b), or (c) of Section 192.5 of the Penal Code shall be subject to subdivision (c) of Section 20001 of the Vehicle Code. (l) Any person who violates Section 654.3 is guilty of an infraction punishable by a fine of not more than five hundred dollars ($500) for each separate violation. (Amended by Stats. 2014, Ch. 67, Sec. 3. (SB 1162) Effective January 1, 2015.)
  46. 668.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    Courts must order certain vessel-related offenders to complete and pass an approved boating safety course, and the person must submit proof of completion within seven months of conviction.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 668.1. (a) A person convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655, or of Section 655.2, 655.6, 655.7, 658, or 658.5, or of subdivision (a) or (b) of Section 681, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or of the federal rules of the road and pilot rules, not including equipment requirements, incorporated by reference in Section 6600.1 of Title 14 of the California Code of Regulations, or found by a court to have performed any of the acts described in Section 6697 of Title 14 of the California Code of Regulations, pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, when the conviction resulted from the operation of a vessel, shall be ordered by the court to complete and pass a boating safety course approved by the department pursuant to Section 668.3. (b) A person who has been ordered by the court to complete and pass a boating safety course pursuant to this section shall submit to the court proof of completion and passage of the course within seven months of the time of his or her conviction. The proof shall be in a form that has been approved by the department and that provides for the ability to submit the form to the court through the United States Postal Service. If the person who has been required to complete and pass a boating safety course is under 18 years of age, the court may require that the person obtain parental consent to enroll in the course. If the person does not complete and pass the boating safety course, the court may extend the period for completion or impose another penalty as prescribed by statute. (c) The department shall adopt regulations to carry out this section, including approval of boating safety education courses, as specified in Section 668.3, prescribing the forms for proof of completion and passage, approval of testing to indicate appropriate mastery of the course subject matter, and setting forth any fees to be charged to course participants, which fees shall not exceed the expenses associated with providing the course. (Amended by Stats. 2009, Ch. 610, Sec. 35. (SB 717) Effective January 1, 2010.)
  47. 668.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    The department may grant funding for boating safety education purposes and must adopt regulations to implement the section.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 668.2. The department may grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations, and colleges and universities for scholarship funding relating to boating safety education, to finance the purchase of vessels and related safety equipment for use in boating safety education classes, and to provide voluntary personal watercraft education course materials developed by the department pursuant to subdivision (b) of Section 668.3 in those situations where the department determines the course would not otherwise be available to a significant number of personal watercraft operators. The department shall adopt regulations necessary to implement this section. (Amended by Stats. 2000, Ch. 396, Sec. 3. Effective January 1, 2001.)
  48. 668.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    The department must approve qualifying boating safety courses and develop a voluntary personal watercraft education course.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 668.3. (a) For the purposes of Section 668.1, the department shall approve boating safety courses that it determines provides the course taker with information that effectively educates the course taker as to the basic rules of California waterways, the proper and safe manner to operate recreational vessels, and actions that can be taken to avoid boating-related environmental pollution. (b) The department shall develop a personal watercraft education course that provides the course taker with information that effectively educates the course taker as to the basic rules of California waterways, the proper and safe manner to operate personal watercraft, and actions that can be taken to avoid personal watercraft-related environmental pollution. The course shall be voluntary and shall be made available to groups, individuals, and clubs. The course shall be made available on the department’s website and may be made available in other formats, as determined by the department. The department shall consult with the California State Sheriff’s Association in developing the course and making it available on the Internet. (Added by Stats. 2000, Ch. 396, Sec. 4. Effective January 1, 2001.)
  49. 668.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    This section lets a court impound certain vessels after conviction, and it limits marina-owner liability for damage while the vessel is impounded, except for gross negligence or willful or wanton misconduct.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 668.5. (a) The interest of any registered owner of a vessel that has been used in the commission of a violation of subdivision (b) of Section 655 for which the owner was convicted and the conduct resulted in the unlawful killing of a person is subject to impoundment as provided in this section. Upon conviction, the court may order the vessel impounded at the registered owner’s expense for a period of not less than one nor more than 30 days. (b) For purposes of this section, the court may consider in the interest of justice factors such as whether the impoundment of the vessel would result in the loss of employment of the registered owner of the vessel who committed the violation, or a member of the registered owner’s family, the loss of the vessel resulting from the inability to pay impoundment fees, unfair infringement upon community property rights, or other factors the court finds to be relevant. (c) For purposes of this section, “vessel” means every watercraft used or capable of being used as a means of transportation on the waters of the state, including all boats, motorboats, personal watercraft, recreational vessels, and unregistered vehicles, except for foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state. (d) A marina owner in possession of an impounded vessel pursuant to this section is not liable for damage to the vessel while the vessel is being impounded by the court, except for damage caused by the marina owner’s acts or omissions constituting gross negligence or willful or wanton misconduct. (Added by Stats. 2019, Ch. 644, Sec. 1. (SB 393) Effective January 1, 2020.)
  50. 669.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    The department must adopt regulations under this chapter in line with Government Code Chapter 3.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 669. The regulations adopted by the department pursuant to this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 454, Sec. 90.)
  51. 67.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The San Diego County Beach Erosion Control Project (Imperial Beach) is authorized for state participation, subject to available appropriations or funds.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 67. The San Diego County Beach Erosion Control Project (Imperial Beach) is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 399, 84th Congress, and authorized by the River and Harbor Act of 1958, Title I of Public Law 85-500, 72 Stat. 297. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.)
  52. 67.1.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The San Diego (Sunset Cliffs) beach erosion control project is authorized for state participation, but that participation depends on available appropriations or funds and cannot outrank higher-priority pending projects.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 67.1. The San Diego (Sunset Cliffs), California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 477, 89th Congress, and authorized by the River and Harbor Act of 1966, Title I of Public Law 89-789, 80 Stat. 1405. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. Notwithstanding the provisions of Section 65.6, state funds appropriated for this project may be expended prior to the appropriation of construction funds for such project by the Congress. (Added by Stats. 1970, Ch. 1428.)
  53. 67.2.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The Orange County Beach Erosion Control Project is authorized for state participation, and state funds for the project may be spent before Congress appropriates construction funds.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 67.2. The Orange County, California, Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plan set forth in House Document 602, 87th Congress, and authorized by the River and Harbor Act of 1962, Title I of Public Law 87-874, 76 Stat. 1173. Notwithstanding the provisions of Section 65.6, state funds appropriated for this project may be expended prior to the appropriation of construction funds for said project by the Congress. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.)
  54. 67.3.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    This section authorizes state participation in the Los Angeles County beach erosion control project, subject to available appropriations or funds and lower priority than higher-priority pending projects.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 67.3. The Los Angeles County (Redondo Beach to Malaga Cove) Beach Erosion Control Project is authorized for state participation pursuant to Section 65.5 substantially in accordance with the plans set forth in House Document 277, 83rd Congress, and authorized by the River and Harbor Act of 1954, Title I of Public Law 780, 83rd Congress, Second Session, 68 Stat. 1248. Such state participation shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.)
  55. 67.4.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The department must repair and restore the beach and shoreline near the Pacific Ocean in the City of Oceanside if the city prepares an approved plan and commits matching funds.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 67.4. The department shall conduct the repair and restoration of the beach and shoreline located adjacent to the Pacific Ocean and in the City of Oceanside if the city does all of the following: (a) Prepares a plan for the repair and restoration which is approved by the department and the State Coastal Conservancy. (b) Agrees to commit funds for the repair and restoration equal to the amount of state funds appropriated for the repair and restoration. (Added by Stats. 1980, Ch. 1198.)
  56. 673.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    A boat livery owner must keep records for each boat or vessel rental and keep those records for at least six months.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 673. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any boat or vessel subject to this code, the registered identification number of such vessel, the departure date and time, and the expected time of return. The record shall be preserved for at least six months. (Amended by Stats. 1976, Ch. 744.)
  57. 674.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    A boat livery owner, agent, or employee must not let a vessel be delivered to a renter unless the vessel already has the equipment required by applicable laws and regulations.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 674. Neither the owner of a boat livery nor his agent or employees shall permit any vessel to be delivered to a renter unless it shall have been provided, either by the owner or renter, with the equipment required pursuant to the applicable laws and regulations. (Added by Stats. 1969, Ch. 145.)
  58. 675.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. )

    Verify source ↗

    This section creates an invasive mussel infestation prevention fee, sets fee caps and floors for different years, requires the department to set up advisory input and emergency regulations, and provides for stickers, fund handling, and limited citation enforcement.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. ) ## 675. (a) (1) In addition to the fees imposed pursuant to paragraphs (1) and (2) of subdivision (b) of Section 9853 or Section 9860 of the Vehicle Code, there shall be a separate invasive mussel infestation prevention fee in an amount to be determined by the department as follows: (A) If the invasive mussel infestation prevention fee is due between January 1 and December 31 of any even-numbered year, the fee shall not be more than ten dollars ($10). (B) If the invasive mussel infestation prevention fee is due between January 1 and December 31 of any odd-numbered year, the fee shall not be more than twenty dollars ($20). (2) (A) Notwithstanding paragraph (1), for invasive mussel prevention fees that are due for the 2026 calendar year, and every subsequent year thereafter, the following shall apply: (i) If the invasive mussel infestation prevention fee is due between January 1 and December 31 of any even-numbered year, the fee shall not be less than fifteen dollars ($15) and not more than twenty-one dollars ($21). (ii) If the invasive mussel infestation prevention fee is due between January 1 and December 31 of any odd-numbered year, the fee shall not be less than thirty dollars ($30) and not more than forty-two dollars ($42). (B) The amounts in clauses (i) and (ii) shall be adjusted for inflation every odd-numbered year using the California Consumer Price Index to the nearest whole dollar value. (b) In determining the amount of the fee imposed pursuant to subdivision (a), the department shall establish, and consult with, a technical advisory group consisting of interested persons, including, but not limited to, recreational boating and reservoir operation representatives. The members of the advisory group shall be appointed by the director. (c) The department shall adopt emergency regulations to prescribe procedures for the collection and use of the invasive mussel infestation prevention fee for the purposes of this article. The emergency regulations shall include rules for administering the grants awarded pursuant to Section 676. (d) All revenues collected from the fee established pursuant to this section shall be deposited into the Harbors and Watercraft Revolving Fund, and, upon appropriation by the Legislature, shall be expended solely for the purposes set forth in Section 676. (e) The fee established pursuant to this section shall not apply to vessels that are used exclusively in marine waters. (1) Upon payment of the fee established pursuant to this section, the Department of Motor Vehicles shall issue an invasive mussel infestation prevention sticker. (2) Failure to pay the fee established pursuant to this section does not prohibit the Department of Motor Vehicles from issuing registration of a vessel. (3) (A) A vessel operator may be issued a citation for operating a recreational vessel in nonmarine waters without a valid state-issued invasive mussel infestation prevention sticker. (B) Notwithstanding subparagraph (A), a vessel that is exempt pursuant to Section 5211 of Title 14 of the California Code of Regulations shall not be cited pursuant to subparagraph (A). (Amended by Stats. 2025, Ch. 106, Sec. 7. (AB 149) Effective September 17, 2025.)
  59. 676.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. )

    Verify source ↗

    Money in the fund may be spent only for the purposes listed here, and grant recipients must report program data to the department.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. ) ## 676. (a) All moneys deposited in the Harbors and Watercraft Revolving Fund pursuant to Section 675 shall be available, upon appropriation by the Legislature, for the following purposes: (1) For reasonable costs incurred by the department associated with determining the prevention fee and adoption of regulations pursuant to Section 675, and with administering the grants pursuant to subdivision (b). (2) (A) For reasonable costs, not to exceed 15 percent of the remaining revenues deposited into the fund, of the Department of Fish and Wildlife for implementation of subparagraph (A) or (C) of paragraph (2) of, or paragraph (1) of, subdivision (a) of Section 2301 or Section 2302 of the Fish and Game Code in those areas of the state where an invasive mussel infestation prevention plan has not been implemented. (B) The amount specified in subparagraph (A) is in addition to moneys available pursuant to subdivision (d) of Section 85.2. (3) An amount not less than 85 percent of the remaining revenues deposited into the fund shall be made available for grants to entities subject to subdivision (a) of Section 2302 of the Fish and Game Code for the reasonable regulatory costs incident to the implementation of an invasive mussel infestation prevention plan implemented either before or after January 1, 2013, that is consistent with the requirements of Section 2302 of the Fish and Game Code. (b) For the purposes of awarding grants pursuant to paragraph (3) of subdivision (a), the department shall do all of the following: (1) Give priority to invasive mussel infestation prevention plans that are consistent with Section 2302 of the Fish and Game Code and that also include visual and manual inspection standards and other infestation prevention procedures consistent with either the Department of Fish and Wildlife’s Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resource Agency’s Aquatic Invasive Species Management Plan, dated January 2008, or subsequently adopted guidebooks and management plans. (2) Take into consideration the benefits of regional-scale invasive mussel infestation prevention plans. (3) Take into consideration the unique economic, ecological, and recreational impacts to rural and urban reservoirs from invasive mussel infestation. (c) For purposes of this article, reasonable regulatory costs include costs associated with the investigation and inspection of a conveyance for the presence of invasive mussels before contact with a reservoir, as defined in Section 6004.5 of the Water Code. None of the revenues collected pursuant to subdivision (a) of Section 675 shall be used for any purpose other than those explicitly authorized by this section. (d) For the purposes of this section, conveyances include boats and other watercraft, and associated vehicles, containers, and trailers that may carry or contain adult or larval invasive mussels. (e) As a condition of receiving grant funding pursuant to this section, an entity shall report to the department data, as deemed appropriate by the department, regarding invasive mussel prevention and inspection programs implemented with the funding. (Amended by Stats. 2025, Ch. 106, Sec. 8. (AB 149) Effective September 17, 2025.)
  60. 676.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. )

    Verify source ↗

    Certain reservoir water managers may be eligible for a grant to cover reasonable regulatory costs for an invasive mussel infestation prevention plan.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. ) ## 676.1. Any person or entity that manages any aspect of the water in a reservoir, as defined in Section 6004.5 of the Water Code, where recreational, boating, or fishing activities are permitted, shall be eligible to receive a grant under paragraph (3) of subdivision (a) of Section 676 for the reasonable regulatory costs incident to the implementation of an invasive mussel infestation prevention plan as described in Section 676. (Amended by Stats. 2025, Ch. 106, Sec. 9. (AB 149) Effective September 17, 2025.)
  61. 677.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. )

    Verify source ↗

    This section says the article does not block certain local governments from adopting rules or ordinances on preventing and eradicating invasive aquatic species.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. ) ## 677. This article does not preempt a special district, city, county, or joint powers authority from adopting local regulations or ordinances related to the prevention and eradication of invasive aquatic species. (Added by Stats. 2012, Ch. 485, Sec. 2. (AB 2443) Effective January 1, 2013.)
  62. 677.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. )

    Verify source ↗

    For this article, “invasive mussel” means the same as in Fish and Game Code Section 2303.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee [675 - 677.5] ( Heading of Article 1.3 amended by Stats. 2025, Ch. 106, Sec. 6. ) ## 677.5. For purposes of this article, “invasive mussel” has the same meaning as Section 2303 of the Fish and Game Code. (Added by Stats. 2025, Ch. 106, Sec. 10. (AB 149) Effective September 17, 2025.)
  63. 678.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

    Verify source ↗

    The division must develop a vessel operator card by January 1, 2018, and issue it to qualified people who show proof of an approved exam or approved course with an examination.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678. (a) On or before January 1, 2018, the division shall develop a vessel operator card to be issued pursuant to this article. (b) The division shall issue, or cause to be issued, a vessel operator card to a person who provides the division with proof that the person has passed a vessel operator examination approved by the division or a vessel operator course that includes an examination and is approved by the division pursuant to Section 668.1 or 668.3. (c) A vessel operator card shall be valid for the life of the person to whom it is issued. (Added by Stats. 2014, Ch. 433, Sec. 1. (SB 941) Effective January 1, 2015.)
  64. 678.11.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

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    A person generally may not operate an engine-powered vessel on state waters without carrying a vessel operator card, subject to age-based timing and listed exceptions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678.11. (a) Subject to the schedule in subdivision (b), a person shall not operate on waters subject to the jurisdiction of the state a vessel that is propelled by an engine, regardless of whether the engine is the principal source of propulsion, unless the person has in his or her possession a vessel operator card issued by the division pursuant to subdivision (b) of Section 678. (b) A person is subject to subdivision (a) according to the following schedule: (1) On and after January 1, 2018: A person 20 years of age or younger. (2) On and after January 1, 2019: A person 25 years of age or younger. (3) On and after January 1, 2020: A person 35 years of age or younger. (4) On and after January 1, 2021: A person 40 years of age or younger. (5) On and after January 1, 2022: A person 45 years of age or younger. (6) On and after January 1, 2023: A person 50 years of age or younger. (7) On and after January 1, 2024: A person 60 years of age or younger. (8) On and after January 1, 2025: All persons, regardless of age. (c) This section does not apply to any of the following: (1) A person who is a resident of another state or a foreign country who is operating a vessel and meets either of the following requirements: (A) The person is temporarily using the waters of this state for a period not to exceed 60 days, and meets the applicable requirements, if any, of his or her state of residency. (B) The person is temporarily using the waters of this state for a period not to exceed 90 days, and meets the applicable requirements, if any, of his or her country of residency. (2) A person operating a vessel while under the direct supervision of a person 18 years of age or older who is in possession of a vessel operator card issued pursuant to subdivision (b) of Section 678 or who is not required to possess a vessel operator card pursuant to paragraph (6). (3) A person operating a vessel in an organized regatta or vessel race, or water ski race. (4) A person operating a rental vessel. (5) A person who is in possession of a current commercial fishing license. (6) A person who is in possession of a valid marine operator license, for the waters upon which the licensee is operating, issued by the United States Coast Guard, or who is in possession of a valid certificate issued pursuant to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended. (7) A person who has successfully completed a boating course approved by the Commission on Peace Officer Standards and Training. (Added by Stats. 2014, Ch. 433, Sec. 1. (SB 941) Effective January 1, 2015.)
  65. 678.15.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

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    Violating this article is an infraction, with fines that increase for repeat convictions. The court must also order boating-safety course completion, and the person must submit proof of completion within seven months.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678.15. (a) A violation of this article is an infraction. (b) A person convicted of an infraction for a violation of this article shall be punished as follows: (1) For an initial conviction, by a fine of not more than one hundred dollars ($100). (2) For a second conviction, by a fine of not more than two hundred fifty dollars ($250). (3) For a third or subsequent conviction, by a fine of not more than five hundred dollars ($500). (c) A fine imposed on a vessel operator pursuant to subdivision (b) shall be waived, if the vessel operator provides proof that he or she had a valid vessel operator card at the time of the citation. (d) (1) In addition to the fines imposed by subdivision (b), the court shall order a person convicted of violating this article to complete and pass a boating safety course approved by the division pursuant to Section 668.3. (2) If a person who is ordered to complete and pass a boating safety course pursuant to paragraph (1) is 18 years of age or younger, the court may require that person to obtain the consent of a parent or guardian to enroll in that course. (3) A person who has been ordered by a court to complete a boating safety course pursuant to paragraph (1) shall submit to the court proof of completion and passage of the course within seven months of the date of his or her conviction. The proof shall be in a form that has been approved by the division and that is capable of being submitted to the court or a state or local agency approved by the division through the United States Postal Service or another certified means of transmission. (Added by Stats. 2014, Ch. 433, Sec. 1. (SB 941) Effective January 1, 2015.)
  66. 678.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

    Verify source ↗

    The division must set and charge fees for vessel operator cards, keep the fees within stated limits, and deposit collected fees into a dedicated account.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678.3. (a) (1) The division shall determine the fees required under this section in amounts sufficient to cover the reasonable costs of the development, establishment, and operation of the program. The fees shall not exceed those costs. (2) The division shall charge a fee not to exceed thirty dollars ($30) for the initial vessel operator card issued pursuant to subdivision (b) of Section 678. (3) The division shall charge a fee not to exceed ten dollars ($10) for a duplicate vessel operator card issued pursuant to subdivision (b) of Section 678. (b) In determining the amount of the fees imposed pursuant to this section, the division shall establish, and consult with, a technical advisory group consisting of interested persons, including, but not limited to, representatives of the boating community. The deputy director shall appoint the members of the advisory group. (c) The fees collected pursuant to this section shall be deposited in the Vessel Operator Certification Account, which is hereby established within the Harbors and Watercraft Revolving Fund. (d) The division may expend the moneys in the Vessel Operator Certification Account, upon appropriation by the Legislature, for purposes of implementing this article. (Amended by Stats. 2015, Ch. 303, Sec. 241. (AB 731) Effective January 1, 2016.)
  67. 678.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

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    The division may offer a vessel operator exam online, must link to certain approved outside exams, must use a competitive bid process and more than one vendor if it hires test vendors, and any developed or approved exam must match specified boating education standards.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678.5. (a) The division may develop and provide a vessel operator examination on the division’s Internet Web site. The division shall provide links from the division’s Internet Web site to other vessel operator examinations approved by the division that are available through a provider whose course has been approved by the National Association of State Boating Law Administrators. (b) If the division contracts for the provision of vessel operator examination services with test vendors, the division shall conduct a formal competitive bid process and shall contract with more than one vendor for those services. (c) A vessel operator examination developed or approved by the division shall be consistent with the National Association of State Boating Law Administrators’ National Boating Education Standards, as applicable to basic vessel operations, rules of navigation, and boating safety only. (Added by Stats. 2014, Ch. 433, Sec. 1. (SB 941) Effective January 1, 2015.)
  68. 678.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

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    The division must repay a loan from program fees within eight years, and must notify the Joint Legislative Budget Committee if it has not repaid on time.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678.7. (a) An amount not to exceed four million dollars ($4,000,000) shall, upon appropriation in the annual Budget Act, be transferred from the Harbors and Watercraft Revolving Fund to the Vessel Operator Certification Account in the form of a loan to be used by the division to develop and establish the program under this article. (b) The division shall repay the loan described in subdivision (a) from fees received pursuant to Section 678.3 within eight years of the effective date of this article. (c) If the division has not repaid the loan within the time period specified in subdivision (b), the division shall notify the Joint Legislative Budget Committee. (d) The loan shall not impair the intended expenditure purposes of the Harbors and Watercraft Revolving Fund. (Added by Stats. 2014, Ch. 433, Sec. 1. (SB 941) Effective January 1, 2015.)
  69. 678.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. )

    Verify source ↗

    The division must prepare and post periodic reports about vessel operator cards, fees, costs, violations, and related safety data.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.4. Vessel Operators’ Education and Certification Cards [678 - 678.15] ( Article 1.4 added by Stats. 2014, Ch. 433, Sec. 1. ) ## 678.9. (a) On or before April 1, 2019, and on or before April 1 annually thereafter, the division shall prepare a report that includes all of the following information with respect to the prior calendar year: (1) The total number of vessel operator cards issued pursuant to this article. (2) The fees collected, and the costs incurred, by the division pursuant to this article. (3) The correlation between vessel operator cards issued and the number of accidents, injuries, and fatalities related to the operation of vessels in the state that are reported pursuant to Section 656. (4) The number of violations of this article reported to the division. (b) The report shall be posted on the division’s Internet Web site. (c) On or before April 1, 2023, and again on April 1, 2028, the report prepared by the division and posted on its Internet Web site shall include recommendations, developed by the division, in consultation with the technical advisory group established pursuant to subdivision (b) of Section 678.3, relating to any program changes to improve boater safety in California or, alternatively, reasons why the program should not be continued. (Added by Stats. 2014, Ch. 433, Sec. 1. (SB 941) Effective January 1, 2015.)
  70. 68.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.6. California Recreational Boating Trails [68 - 68.2] ( Article 2.6 added by Stats. 1978, Ch. 365. )

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    The director must prepare and continuously maintain a comprehensive statewide plan for recreational boating trails.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.6. California Recreational Boating Trails [68 - 68.2] ( Article 2.6 added by Stats. 1978, Ch. 365. ) ## 68. The director shall cause to be prepared, and continuously maintained, a comprehensive plan for the development and operation of a statewide system of recreational boating trails. The plan shall be the boating trails element of the California Recreational Trails System Plan as required pursuant to the California Recreational Trails Act (commencing with Section 5070 of the Public Resources Code). The plan shall be prepared and continually maintained in accordance with provisions of the California Recreational Trails Act and shall, to the maximum extent practicable, be compatible with other elements of the California Recreational Trails System Plan. (Added by Stats. 1978, Ch. 365.)
  71. 68.2.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.6. California Recreational Boating Trails [68 - 68.2] ( Article 2.6 added by Stats. 1978, Ch. 365. )

    Verify source ↗

    The Legislature states that California has an ongoing public interest in using the state’s inland waterways for recreation and in planning those waterways for recreational access and use.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.6. California Recreational Boating Trails [68 - 68.2] ( Article 2.6 added by Stats. 1978, Ch. 365. ) ## 68.2. In conformance with the California Recreational Trails Act, the Legislature hereby finds and declares that there is a statewide and continuing interest in the public’s use of the state’s inland waterways for recreational purposes. The Legislature further finds and declares that there exists a need to provide for recreational resource planning of the waterways in a manner that provides access and utilization for recreational purposes, consistent with the provisions of the California Recreational Trails Act. (Added by Stats. 1978, Ch. 365.)
  72. 680.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. )

    Verify source ↗

    This section gives the act its official name and allows it to be cited by a shorter name.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. ) ## 680. This act shall be known as the Anthony Farr and Stacy Beckett Boating Safety Act of 2004, and may be cited as Anthony and Stacy’s Law. (Added by Stats. 2004, Ch. 565, Sec. 3. Effective January 1, 2005.)
  73. 681.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. )

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    It is unlawful to operate or leave idling a motorized vessel while someone is teak surfing, platform dragging, bodysurfing, or occupying certain swim areas; a narrow brief-use exception applies for docking, boarding, exiting, or emergency/law-enforcement use.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. ) ## 681. (a) It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motorized vessel. (b) It is unlawful to operate a motorized vessel or have the engine of a motorized vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the vessel. (c) Subdivision (b) does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity. (d) “Teak surfing” or “platform dragging” means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motorized vessel for any amount of time while the motorized vessel is underway at any speed. (e) “Bodysurfing” means swimming or floating on one’s stomach or on one’s back on or in the wake directly behind a motorized vessel that is underway. (f) “Vessel” has the same meaning as set forth in subdivision (e) of Section 775.5. (g) A violation of this section is an infraction punishable by a fine of up to one hundred dollars ($100). Nothing in this subdivision shall be considered in relation to a suspension, restriction, or delay of driving privileges, or in the determination of a violation point count as provided in Section 12810 of the Vehicle Code. (Added by Stats. 2004, Ch. 565, Sec. 3. Effective January 1, 2005.)
  74. 6810.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6810 - 6812] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6810 - 6812] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A river port district may be formed from contiguous territory, but it cannot divide a municipal corporation or include certain territory already within existing port or harbor districts.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6810 - 6812] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6810 - 6812] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6810. A district may be organized pursuant to this part. A district may include any contiguous territory in one or more counties, contiguous to a navigable river or to any channel connected with a navigable river, but a municipal corporation shall not be divided in the formation of a district, and territory situated in a county in which there is located a duly organized and existing port district, created pursuant to Part IV of this division, may not be included. Territory situated within the boundaries of any port or harbor district, organized or designated and existing under the provisions of any city charter, shall not be included. Any territory, annexed to a municipal corporation, which is in a district, becomes a part of the district. (Enacted by Stats. 1937, Ch. 368.)
  75. 6811.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6810 - 6812] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6810 - 6812] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A petition to form a district may be presented at regular meetings of the relevant county boards of supervisors, and it must be signed by at least 5% of eligible registered voters in the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6810 - 6812] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6810 - 6812] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6811. Whenever the formation of a district is desired, a petition may be presented at a regular meeting of the board of supervisors of each county in which is located any portion of land within the proposed district. The petition may consist of any number of instruments and shall be signed by not less than five per cent of the registered voters residing within the district, who voted at the last preceding general election at which a Governor was elected. The original petition need not be filed with the board of supervisors of each county, but a certified copy of the original shall be filed. (Enacted by Stats. 1937, Ch. 368.)
  76. 6812.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6810 - 6812] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6810 - 6812] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section says the District Organization Act controls petition, hearing, and formation proceedings for the district, and land in a county cannot be included unless the local electors in that county portion approve it by majority vote.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6810 - 6812] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6810 - 6812] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6812. The provisions of Chapters I and II of Division I of the District Organization Act shall govern and control the proceedings for the filing and hearing of the petition and the proceedings for final hearing of the petition and the formation of the district. The “supervising authority” as used in the District Organization Act means the board of supervisors of each county in which is located any portion of land within the proposed district. All proceedings necessary for the formation of the district, as provided in Chapters I and II of Division I of the District Organization Act, shall be had in each county in which is located any portion of land within the proposed district. Land lying within any county within the proposed district shall not be included unless a majority of the electors in that portion of the district within the county vote in favor thereof. (Enacted by Stats. 1937, Ch. 368.)
  77. 682.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. )

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    Certain boating safety courses must include information about carbon monoxide poisoning risks at the stern of a motorized vessel and how to prevent it.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. ) ## 682. All state-sponsored boating safety courses and all boating safety courses that require state approval by the Department of Boating and Waterways shall incorporate information about the dangers of being overcome by carbon monoxide poisoning at the stern of a motorized vessel and how to prevent that poisoning. (Added by Stats. 2004, Ch. 565, Sec. 3. Effective January 1, 2005.)
  78. 683.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. )

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    When a motorized vessel is sold in California, carbon monoxide warning stickers must be placed on it, with extra duties for dealers, individual sellers, and new owners.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. ) ## 683. (a) When a new or used motorized vessel is sold in California, the two carbon monoxide poisoning warning stickers developed by the Department of Boating and Waterways shall be placed on the motorized vessel. The smaller sticker shall be placed in the interior of the motorized vessel where it is immediately visible to the person operating the motorized vessel the larger sticker shall be placed facing out on the exterior of the stern or transom of the motorized vessel, unless the motorized vessel is inflatable and the sticker would not adhere to the surface of the stern. (b) For a motorized vessel sold by a dealer, the dealer shall ensure that both warning stickers have been affixed prior to the completion of the transaction. (c) For a motorized vessel sold by an individual, both stickers shall be included by the Department of Motor Vehicles in the new registration material provided to the new owner, and the new owner of the motorized vessel shall be notified that he or she is required to affix the smaller sticker in the interior of the motorized vessel where it is immediately visible to the operator of the motorized vessel and the larger sticker facing out on the exterior of the stern or transom of the motorized vessel, unless the motorized vessel is inflatable and the sticker would not adhere to the surface of the stern. (d) A warning sticker already developed by the boating manufacturer may satisfy the requirements of this section if it has been approved in advance by the Department of Boating and Waterways. (e) This section shall become operative on May 1, 2005. (Added by Stats. 2004, Ch. 565, Sec. 3. Effective January 1, 2005. Section operative May 1, 2005, by its own provisions.)
  79. 6830.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district must be governed by a five-member port commission, with appointments split among specified local governing bodies.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6830. The district shall be governed by a port commission, which consists of five members. Two commissioners shall be appointed by the board of supervisors of the county in which is located the largest proportion in value of the lands within the district. Two commissioners shall be appointed by the governing body of the municipal corporation, having the largest proportion in value of lands within the district. One commissioner shall be appointed by joint action of the boards of supervisors of any other counties located in the district. (Enacted by Stats. 1937, Ch. 368.)
  80. 6830.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    This section sets who appoints the Sacramento-Yolo Port Commission members, requires certain residency conditions, and gives appointed members four-year terms.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6830.1. (a) Notwithstanding Section 6830, the Sacramento-Yolo Port Commission shall be composed of five members selected and appointed as follows: (1) Four commissioners shall be appointed by the City Council of the City of West Sacramento, which commissioners may be members of the city council, and notwithstanding Section 6835, shall be residents of the City of West Sacramento. The appointments shall be made in the manner set by law for appointments by the City of West Sacramento. (2) One commissioner shall be appointed by the Board of Supervisors of Yolo County, which commissioner may be a member of the board of supervisors and, notwithstanding Section 6835, shall be a resident of the City of West Sacramento. The appointment shall be made in the manner set by law for appointments by the County of Yolo. (b) The term of the members appointed pursuant to subdivision (a) shall be four years from the date of appointment. Commission members shall serve at the pleasure of the appointing authority and the appointing authority may replace a member prior to the end of the term in the manner set by law for appointments by the appointing authority. (Amended by Stats. 2017, Ch. 114, Sec. 1. (AB 1226) Effective January 1, 2018.)
  81. 6830.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The provision sets the Sacramento-Yolo Port District’s boundaries to match the first supervisorial district of Yolo County, plus certain district-owned property in Solano County.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6830.2. The boundaries of the Sacramento-Yolo Port District are hereby established to coincide with the first supervisorial district of the County of Yolo, as of October 1, 2005. The boundaries also shall include all property owned by the Sacramento-Yolo Port District in Solano County that was incorporated into the district by the Sacramento County Local Agency Formation Commission on May 29, 1992. (Added by Stats. 2006, Ch. 284, Sec. 3. Effective January 1, 2007.)
  82. 6832.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Certain local officials may call meetings of the board of election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6832. (a) The mayor of the municipality in which is located the largest proportion in value of the land within the district, or any chairperson of any of the boards of supervisors of the counties in which the district is located, may call meetings of the board of election. (b) This section does not apply to the Sacramento-Yolo Port District. (Amended by Stats. 2006, Ch. 284, Sec. 4. Effective January 1, 2007.)
  83. 6833.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each commissioner must take and subscribe to an oath or affirmation within 10 days of appointment, before starting office duties, and file it in the district office.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6833. Each commissioner shall, within ten days of his appointment and before entering upon the discharge of the duties of his office, take and subscribe to an oath or affirmation before an officer authorized by law to administer oaths, that he will support the Constitution of the United States and the Constitution of the State of California, and will faithfully discharge the duties of his office according to the best of his ability. The oath or affirmation shall be filed in the office of the district. (Enacted by Stats. 1937, Ch. 368.)
  84. 6834.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    If a board seat becomes vacant, the appointing body must fill it, and the new appointee serves out the rest of the term.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6834. A vacancy on the board shall be filled by the body which appointed the member whose office is vacated, and the newly appointed member shall hold his office for the unexpired term. (Enacted by Stats. 1937, Ch. 368.)
  85. 6835.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A person may not be appointed to the board unless they are a taxpayer in the district and have lived there for at least one year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6835. A person shall not be appointed a member of the board who is not, at the time of his appointment, a taxpayer within the district and who has not resided within the district for at least one year. (Enacted by Stats. 1937, Ch. 368.)
  86. 6835.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A person cannot be treated as ineligible for board appointment just because they are an elected official or an employee of the appointing authority.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6835.1. Notwithstanding any other provision of law, a person shall not be ineligible for appointment to the board because he or she is an elected official or employee of an appointing authority to the board. The appointment of a person to the office of the board shall not be deemed incompatible with being an elected official or employee of an appointing authority to the board, and shall not prevent an elected official or employee so appointed from acting on a proposal before the board affecting the appointing authority. Any regulation providing for the disqualification of a person for that reason is null and void. (Amended by Stats. 2006, Ch. 284, Sec. 5. Effective January 1, 2007.)
  87. 6836.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Board members must serve without salary or compensation, but they may be reimbursed for necessary travel expenses incurred while performing their duties.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6836. The members of the board shall serve without salary or compensation, but are entitled to necessary traveling expenses incurred in the performance of their duties. (Enacted by Stats. 1937, Ch. 368.)
  88. 6837.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Board members serve four-year terms after appointment, with special terms for the first appointed chairman and the other members selected by lot.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6837. The term of office of each member of the board is four years from the time of his appointment, except that the first appointed chairman holds office for two years, and the remaining members shall classify themselves by lot, so that they hold office respectively for one, two, three, and four years. (Enacted by Stats. 1937, Ch. 368.)
  89. 6838.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The chairman serves as the presiding officer.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6838. The chairman is the presiding officer. (Amended by Stats. 1947, Ch. 563.)
  90. 6839.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The board must hold its first meeting within 10 days after the chairman is appointed.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6839. The first meeting of the board shall be held within ten days of the appointment of the chairman. The board shall make its own rules of procedure and determine the place and time of its meeting. (Enacted by Stats. 1937, Ch. 368.)
  91. 684.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. )

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    The Department of Motor Vehicles must include boating safety brochure and warning stickers in vessel registration renewal mailings, first for two two-year cycles and then as recommended by the Director of Boating and Waterways.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. ) ## 684. (a) The Department of Motor Vehicles shall insert the Department of Boating and Waterways’ informational brochure and warning stickers about the dangers of carbon monoxide poisoning and boats into the registration renewal materials mailed by the Department of Motor Vehicles to vessel owners for two consecutive two-year registration cycles and, thereafter, upon the recommendation of the Director of Boating and Waterways. These materials shall instruct vessel owners to place the two stickers in the motorized vessel so that the smaller sticker is visible to the person operating the motorized vessel and the larger sticker is facing out on the exterior of the stern or transom of the motorized vessel, unless the motorized vessel is inflatable and the sticker would not adhere to the surface of the stern. (b) This section shall become operative on May 1, 2005. (Added by Stats. 2004, Ch. 565, Sec. 3. Effective January 1, 2005. Section operative May 1, 2005, by its own provisions.)
  92. 6840.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The board must choose one of its members as chairperson and one as vice chairperson, and it may appoint other officers it considers necessary.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6840. The board shall select one of its members as chairperson and select one of its members as vice chairperson, who shall preside in the absence of the chairperson, and it may provide for and select the officers it deems necessary to conduct the affairs of the district. (Amended by Stats. 1998, Ch. 876, Sec. 11.4. Effective January 1, 1999.)
  93. 6841.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A corporation may be selected as treasurer, or the board may assign the treasurer’s duties to the county treasurer.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6841. A corporation may be selected as treasurer or the board may provide that the duties of the treasurer shall be performed by the county treasurer of the county in which the district or the greater portion is located. (Enacted by Stats. 1937, Ch. 368.)
  94. 6843.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district’s fiscal year must start on July 1 and end on June 30 of the following year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6843. The fiscal year of a district shall begin on the first day of July of each year and shall end on the thirtieth day of June of the following year. (Enacted by Stats. 1937, Ch. 368.)
  95. 6844.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The board must file an annual report about the district’s affairs and financial condition.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6830 - 6844] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6844. The board shall annually file a report of the affairs and financial condition of the district for the preceding year with the governing body of every county or city, all or part of which is included in the district. This report shall show the sources of all receipts and the purposes of all disbursements. (Enacted by Stats. 1937, Ch. 368.)
  96. 685.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. )

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    The Department of Boating and Waterways may use certain fund money to administer this chapter and reimburse the Department of Motor Vehicles for its administration costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 [680 - 685] ( Article 1.5 added by Stats. 2004, Ch. 565, Sec. 3. ) ## 685. The Department of Boating and Waterways pursuant to subdivision (a) of Section 85.2 may use funds in the Harbors and Watercraft Revolving Fund, created pursuant to Section 85, to administer this chapter and to reimburse the Department of Motor Vehicles for its costs to administer this chapter. (Added by Stats. 2004, Ch. 565, Sec. 3. Effective January 1, 2005.)
  97. 6860.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board exercises the district’s powers by ordinance or resolution passed by a majority vote. Ordinances must be published at least five days before final passage. Franchises and leases over 10 years must be authorized by ordinance to be valid.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6860. The powers of a district established pursuant to this part shall be exercised by the board, by ordinance or resolution passed by a majority vote of the board. All ordinances shall be published in a newspaper of general circulation, printed or published in one of the counties in which the district is situated, at least five days before final passage. All franchises and leases for a period of more than 10 years, to be valid, shall be authorized by ordinance. (Amended by Stats. 1963, Ch. 280.)
  98. 6860.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may destroy a record if it does so under the referenced Government Code chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6860.5. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 16. Effective January 1, 2006.)
  99. 6861.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may not grant a franchise or lease of district property for more than 50 years, except that it may grant a rail carrier franchise over its belt railroad while it owns that railroad.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6861. Any grant of a franchise or lease of property of the district shall not be for a longer period than 50 years. Notwithstanding anything herein contained, a district may grant to any common carrier by rail a franchise to operate equipment over any belt railroad, or part thereof, of the district for so long as the district shall own such railroad, and such franchise need not provide for readjustment of compensation therefor during its term. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 21.)
  100. 6864.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may do necessary work and improvements itself without letting contracts.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6864. The district, may itself, without letting contracts therefor, do such work and make such improvements as are necessary. The work shall be done under the supervision and direction of its officers or employees. (Added by Stats. 1986, Ch. 195, Sec. 23.)
  101. 6866.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    District officers and employees may not have conflicted interests in district contracts or dealings, and they may not receive extra commissions, benefits, or profits beyond lawful compensation.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6866. An officer of the district, and any of its employees, shall not be interested directly or indirectly in any contract or transaction with the district or become surety for the performance of any contract made with or for the district upon bonds given to the district. An officer or employee of the district shall not receive any commission or thing of value, or derive any profit, benefit, or advantage directly or indirectly from or by reason of any dealings with or service for the district by himself or others, except as lawful compensation as such officer or employee. The violation of the provisions of this section by any such officer or employee works a forfeiture of his office or employment. (Enacted by Stats. 1937, Ch. 368.)
  102. 6867.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may set rules for selecting district officers and employees, except the auditor, and must set the selection method and salary ranges.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6867. The board may prescribe rules and regulations pertaining to the selection of officers and employees of the district, other than the auditor. It shall also provide the method of selecting such officers and employees and establish appropriate salary ranges for all officers and employees of the district except the auditor. The term of each officer appointed by the board is during its pleasure. (Amended by Stats. 1947, Ch. 563.)
  103. 6868.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may set up and administer group insurance or group annuity arrangements for district officers and employees who accept them and authorize payroll deductions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6868. The board may adopt and carry into effect a contract or contracts of group insurance or a system of group annuities or both for the benefit of such of the officers and employees of the district as accept the same and who have authorized the board to make deductions from their compensation for the payment of a portion of the premium thereon. Contracts of group insurance or systems of group annuities which include benefits to dependents of officers and employees are contracts of group insurance or systems of group annuities for the benefit of officers and employees for the purpose of this section. The board may make such deductions and may pay the remainder of such premiums from any funds of the district not required to be devoted to a specific purpose. The board may pay such portions of the premiums thereon or attributable thereto as it determines to be advisable. The board may arrange or contract for a contract or contracts of group insurance or a system of group annuities or both with any public agency or any insurance company or agent authorized by or pursuant to law to transact such business within this State. (Added by Stats. 1959, Ch. 128.)
  104. 6869.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may provide stevedore employees workers’ compensation benefits under this section, if the agreement is written and signed.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Port Commission [6830 - 6869] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6860 - 6869] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6869. (a) In lieu of the benefits afforded pursuant to Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200) of the Labor Code, the district may agree to provide workers’ compensation benefits to its stevedore employees in amounts, and under such conditions, as would be payable to stevedore employees of private employers pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. 901, et seq.). (b) Such an agreement shall be binding upon the parties only if it is in writing and signed by the employee and by a representative of the district. It shall acknowledge, in writing, that the benefits agreed upon are authorized by this section and are expressly in lieu of any benefits available under Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200) of the Labor Code. (c) All claims for benefits against the district which are authorized by this section shall be determined pursuant to law and the rules and regulations of the Workers’ Compensation Appeals Board. To the fullest extent possible, the Workers’ Compensation Appeals Board shall attempt to apply the Longshoremen’s and Harbor Workers’ Compensation Act to employees covered by this section in the same manner as applicable to private employees. (d) Notwithstanding the provisions of Section 11779 of the Insurance Code or any other provision of law, the State Compensation Insurance Fund may provide insurance coverage for the benefits authorized by this section. (Added by Stats. 1977, Ch. 463.)
  105. 6890.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Any district created under this part is a public corporation for municipal purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6890. Any district created pursuant to this part is a public corporation created for municipal purposes. (Enacted by Stats. 1937, Ch. 368.)
  106. 6891.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district has perpetual succession.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6891. It has perpetual succession. (Enacted by Stats. 1937, Ch. 368.)
  107. 6892.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may sue and be sued.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6892. It may sue and be sued. (Enacted by Stats. 1937, Ch. 368.)
  108. 6893.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The river port district may adopt a seal.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6893. It may adopt a seal. (Enacted by Stats. 1937, Ch. 368.)
  109. 6894.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may acquire and hold property needed for its powers, and the board may lease, mortgage, sell, or otherwise dispose of property if it believes doing so benefits the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6894. It may take by grant, purchase, gift, devise or lease or otherwise acquire and hold and enjoy and lease or dispose of, real and personal property of every kind, within or without the district, necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property, within or without the district, when in its judgment it is for the best interests of the district so to do. (Amended by Stats. 1947, Ch. 563.)
  110. 6894.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Sacramento-Yolo Port District board may not sell or dismantle certain listed property without prior consent, and it may not sell or lease more than 10 acres of specified land for nonmaritime use unless it makes a required written finding.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6894.1. Notwithstanding the provisions of Section 6894, the board of the Sacramento-Yolo Port District shall not do any of the following: (a) Sell or dismantle the Deepwater Channel or the North Terminal Property without the prior consent of the City of Sacramento, the County of Sacramento, and the County of Yolo. (b) Sell or lease for nonmaritime purposes, land in excess of 10 acres located north of Southport Parkway and west of Lake Washington, unless, prior to executing a sale or lease, the board makes a written finding, based on substantial evidence in the record, that the proposed sale or lease is necessary to maintain the financial viability of the port. (Added by Stats. 2006, Ch. 284, Sec. 6. Effective January 1, 2007.)
  111. 6894.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Fund money must be spent only on specified river-related projects in Sacramento and Yolo Counties.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6894.2. (a) Moneys in the Riverfront Enhancement Fund, created by the Joint Port Governance Agreement dated January 15, 2006, shall be expended exclusively on projects related to the Sacramento and American Rivers, including tributaries and fluvial features, encompassed within the Counties of Sacramento and Yolo. Projects may include, but are not limited to, those of regional significance; capital improvements on riverfronts; maintenance and operation of riverfronts, waterways, and parkways; and conservation and environmental studies and projects. (b) In order to provide a disincentive for port closure to the host jurisdiction, which would receive properties of the Sacramento-Yolo Port District in event of its closure in accordance with this code, if the Port of Sacramento is closed and liquidated on or after January 15, 2016, and prior to January 15, 2026, the net proceeds from the liquidation shall be distributed to the Riverfront Enhancement Fund, less 10 percent for each year after January 15, 2016, that shall be distributed to the City of West Sacramento. (c) Nothing in this section shall be construed to authorize or prohibit the sale or lease of any property of the Port of Sacramento. (Added by Stats. 2006, Ch. 284, Sec. 7. Effective January 1, 2007.)
  112. 6895.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may acquire and manage port-related facilities and property needed for port and waterway operations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6895. A district may acquire, purchase, takeover, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering facilities, cold storage facilities, belt railroads, floating plants, lighterage, lands, towage facilities, and any and all other facilities, aids, or public personnel, incident to, or necessary for, the operation and development of ports, waterways, and the district. (Added by Stats. 1986, Ch. 195, Sec. 24.)
  113. 6896.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may use eminent domain to take property needed or helpful to carry out its purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6896. It may exercise the right of eminent domain to take any property necessary or convenient to carry out any of its purposes. (Amended by Stats. 1975, Ch. 582.)
  114. 6897.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may incur debt and issue bonds or other debt evidence for its purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6897. It may incur indebtedness and issue bonds or other evidence of indebtedness for its purposes, and if any bonds issued for port improvement purposes by any part of a district prior to its creation are refunded, the refunding bonds are a lien only upon the lands upon which the refunded bonds were a lien, at the time of the creation of the district. (Enacted by Stats. 1937, Ch. 368.)
  115. 6898.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A river port district may levy and collect taxes, or have them levied or collected, as provided by this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6898. It may levy and collect or cause to be levied or collected taxes as in this part provided. (Enacted by Stats. 1937, Ch. 368.)
  116. 6899.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district has exclusive jurisdiction over pilots and pilotage in the stated area, and may provide for and supervise those services.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6899. It has exclusive jurisdiction over, and it may provide for and supervise pilots and the pilotage of sea-going vessels from the end of jurisdiction of existing pilot authorities to points lying upon any navigable waterway project of the United States, entering the district. (Enacted by Stats. 1937, Ch. 368.)
  117. 69.5.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.8. California Public Beach Restoration Act [69.5 - 69.9] ( Article 2.8 added by Stats. 1999, Ch. 798, Sec. 2. )

    Verify source ↗

    This section says the chapter is called the California Public Beach Restoration Act and may be cited by that name.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.8. California Public Beach Restoration Act [69.5 - 69.9] ( Article 2.8 added by Stats. 1999, Ch. 798, Sec. 2. ) ## 69.5. This chapter shall be known, and may be cited, as the California Public Beach Restoration Act. (Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.)
  118. 69.6.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.8. California Public Beach Restoration Act [69.5 - 69.9] ( Article 2.8 added by Stats. 1999, Ch. 798, Sec. 2. )

    Verify source ↗

    The department administers the California Public Beach Restoration Program and must develop project guidelines before funding any project.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.8. California Public Beach Restoration Act [69.5 - 69.9] ( Article 2.8 added by Stats. 1999, Ch. 798, Sec. 2. ) ## 69.6. (a) The California Public Beach Restoration Program is hereby established, to be administered by the department for all of the following purposes: (1) The restoration, enhancement, and nourishment of public beaches, as determined to be necessary by the department, through the cost-effective engineered placement of sand on the beach or in the nearshore environment. (2) The planning, design, and permitting of the beach restoration, nourishment, or enhancement projects specified in paragraph (1), which shall not exceed 15 percent of the total project cost. (3) The preparation of studies to inventory, characterize, and assess the physical and biological resources of the ocean, and nearshore, shoreline, and inland areas that are determined by the department to be necessary to construct the projects specified in paragraph (1) that are environmentally and economically sound. The cost of the studies shall not exceed 5 percent of the annual program funding. (4) The funding of 100 percent of the nonfederal project construction cost for restoration, nourishment, or enhancement of coastal state parks and state beaches with placement of sand on the beach or in the nearshore. (5) The funding of 85 percent of the nonfederal project cost for restoration, nourishment, or enhancement of nonstate public beaches with placement of sand on the beach or in the nearshore, with a 15 percent match from the local sponsors, provided as funds or in-kind services. (6) The active pursuit and promotion of federal and local partnerships to cost-share beach restoration, nourishment, or enhancement projects specified in paragraph (1) that have significant state benefits. (b) Prior to funding any project under this section, the department shall develop guidelines that include application requirements and criteria for evaluating a project. The guidelines shall be consistent with the Resources Agency’s policies for shoreline erosion protection. Only beaches that are in public ownership and that are open and accessible to the public are eligible for funding under this section. (Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.)
  119. 69.9.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.8. California Public Beach Restoration Act [69.5 - 69.9] ( Article 2.8 added by Stats. 1999, Ch. 798, Sec. 2. )

    Verify source ↗

    Creates the Public Beach Restoration Fund and limits its use to the California Public Beach Restoration Program, with allocations split 60/40 between south and north of the San Luis Obispo/Monterey county border point.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.8. California Public Beach Restoration Act [69.5 - 69.9] ( Article 2.8 added by Stats. 1999, Ch. 798, Sec. 2. ) ## 69.9. (a) The Public Beach Restoration Fund is hereby created in the State Treasury. The moneys in the fund shall be available for expenditure by the department only for the purposes of the California Public Beach Restoration Program established pursuant to this article. (b) Of the moneys in the fund, 60 percent shall be available for allocation by the department to projects south of the point at which the Pacific Ocean meets the border between the County of San Luis Obispo and the County of Monterey and 40 percent shall be available for allocation to projects located north of that point. (Added by Stats. 1999, Ch. 798, Sec. 2. Effective January 1, 2000. Pursuant to Sec. 3 of Ch. 798, operation of provisions is contingent upon funding in the annual budget act.)
  120. 6900.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may contribute money to certain governments for qualifying river, stream, or other work that improves navigation and commerce in the district’s navigable waters.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6900. It may contribute money to the Federal or the State government or to any county in which the district is located or to any city within the district, for the purpose of defraying the whole or a portion of the cost and expenses of work and improvement to be performed, either within or without the territorial limits of the district, by the Federal, State, county or city government, in improving rivers, streams, or in doing other work, if such work will improve navigation and commerce, in or to the navigable waters in the district. (Enacted by Stats. 1937, Ch. 368.)
  121. 6901.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may carry out work or improvements inside or outside its limits if they help develop or improve navigation or commerce for the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6901. A district may do any work or make any improvement within or without the territorial limits of the district, if the doing of the work or the making of the improvement will aid in the development or the improvement of navigation or commerce to or within the district. (Added by Stats. 1986, Ch. 195, Sec. 25.)
  122. 6901.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may, by resolution, agree to hold certain state-related entities harmless for specified project-related claims and liabilities, and may levy and collect funds to cover obligations incurred under this section.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6901.1. It may by resolution hold and save harmless the State of California, the Reclamation Board of the State of California, and the Sacramento and San Joaquin Drainage District, their officers, agents or employees, from all claims, damages or liability due or incident to the design, construction, operation, repair and maintenance of any waterway project of the United States entering the district or other improvement constructed by or for the district for which the approval of the State Reclamation Board must be obtained, whether the same be caused by negligence of the State or of the officers, agents, employees of the State, or otherwise, and it may levy and collect in the manner provided for the raising of funds under this part such sums as may be required to fulfill any obligation incurred hereunder. (Added by Stats. 1961, Ch. 671.)
  123. 6902.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may adopt police regulations and other rules for controlling certain U.S. waterway projects in the district and for construction of wharves, docks, buildings, and improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6902. A district may enact necessary police regulations providing for control of any waterway project of the United States, entering the district, and it may adopt rules and regulations concerning the construction of wharves, docks, buildings, and improvements of all types. (Added by Stats. 1986, Ch. 195, Sec. 26.)
  124. 6903.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may provide for opening and laying out streets leading to the waterfront.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6903. A district may provide for the opening and laying out of streets leading to the waterfront. (Added by Stats. 1986, Ch. 195, Sec. 27.)
  125. 6904.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may regulate and control certain waterfront facilities and may make and enforce necessary police and sanitary regulations connected with them.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6904. A district may regulate and control the construction, maintenance, and operation, or use, of all wharves, warehouses, structures, improvements, or appliances used in connection with or for the accommodation and promotion of transportation or navigation on any improvement project of the federal government applying to the main waterway entering the district and also on other navigable streams improved or unimproved which lie within the district, and make and enforce necessary police and sanitary regulations in connection therewith. (Added by Stats. 1986, Ch. 195, Sec. 28.)
  126. 6905.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may set, regulate, and collect charges for using district-owned or district-operated wharves, warehouses, vessels, railroads, and similar facilities, including pilotage and towage charges.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6905. It may fix, regulate, and collect the rates or charges for the use of wharves, warehouses, vessels, railroads and other facilities, structures and appliances owned, controlled or operated by the district, in connection with or for the promotion and accommodation of transportation or navigation and the rates or charges for pilotage and towage. (Enacted by Stats. 1937, Ch. 368.)
  127. 6906.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The relevant district may lay out, plan, establish, modify, and set specifications for harbor and harbor district improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6906. It may lay out, plan and establish the general plan and system of harbor and harbor district improvements and modify such plan and prescribe the specifications for such improvements. (Enacted by Stats. 1937, Ch. 368.)
  128. 6907.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may act as warehousemen, stevedores, lighterers, reconditioners, shippers, and reshippers of property.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6907. It may act as warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds. (Enacted by Stats. 1937, Ch. 368.)
  129. 6908.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may manage its business and promote maritime and commercial interests by advertising its advantages and soliciting business.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6908. It may manage the business of the district and promote the maritime and commercial interests by proper advertisement of its advantages, and by the solicitation of business, within or without the district, within other States or in foreign vessels from the end of jurisdiction of existing pilot authorities to points lying upon any navigable waterway project of the United States, entering the district. (Enacted by Stats. 1937, Ch. 368.)
  130. 6908.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The board may issue negotiable promissory notes only after a four-fifths vote, and the notes must stay within stated interest, maturity, and amount limits.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6908.5. Upon a four-fifths vote of all the members of the board, it may issue negotiable promissory notes bearing interest at a rate of not exceeding 7 percent per annum; provided, however, that said notes shall be payable from revenues and taxes levied for purposes of the district other than the payment of principal and interest on any bonded debt of the district; and provided further, that the maturity date shall not be later than 20 years from the date thereof and that the total aggregate amount of such notes outstanding at any one time shall not exceed 1 percent of the assessed valuation of the taxable property in the district, or if such assessed valuation is not obtainable, 1 percent of the county auditor’s estimate of the assessed valuation of the taxable property in the district evidenced by his certificate. (Amended by Stats. 1978, Ch. 1289.)
  131. 6909.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may take any acts that are necessary and appropriate to carry out this part and its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6909. Notwithstanding the enumeration and specific statement herein of particular powers, the district may do and perform all acts and things necessary and appropriate to carry out the purposes of this part and the powers of the district. (Enacted by Stats. 1937, Ch. 368.)
  132. 6910.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The Sacramento-Yolo Port District may not use eminent domain in certain listed local areas unless it has specific authorization from the relevant county or city; the section does not apply in the City of West Sacramento.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6890 - 6910] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6890 - 6910] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6910. (a) Except as provided in subdivision (b), the Sacramento-Yolo Port District shall not exercise the power of eminent domain in the County of Sacramento, the City of Sacramento, the County of Yolo, or the County of Solano, without specific authorization respectively from the County of Sacramento, the City of Sacramento, the County of Yolo, or the County of Solano. (b) This section does not apply to the Sacramento-Yolo Port District if it exercises the power of eminent domain in the City of West Sacramento. (Added by Stats. 2006, Ch. 284, Sec. 8. Effective January 1, 2007.)
  133. 6930.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6930 - 6931] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district organized under this part may create bonded debt, and bonds may be issued to raise money for district powers and purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6930 - 6931] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6930. Any district organized pursuant to this part may create a bonded debt pursuant to the provisions of Article 1 (commencing with Section 43600) of Chapter 4 of Division 4, Title 4 of the Government Code. Bonds may be issued for the purpose of raising money for use in carrying out any of the powers and purposes of the district. (Amended by Stats. 1957, Ch. 45.)
  134. 6931.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6930 - 6931] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    District bonds are legal investments for specified trust and institutional funds, including State school funds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6930 - 6931] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6931. Any bonds issued by any district pursuant to this part are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and savings, and trust companies, and for the State school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, counties, school districts or municipalities in this State, such money or funds may be invested in bonds of a district. (Enacted by Stats. 1937, Ch. 368.)
  135. 6935.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. County and Municipal Bonds [6935- 6935.] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a district is created and a municipality or county later sells bonds for related work, the proceeds may be paid into the district treasury on order of the board of supervisors or city council, and the district board must use them only for the bond purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. County and Municipal Bonds [6935- 6935.] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6935. Whenever, upon the creation of a district, any municipality therein or any county in which the district is located, which has theretofore authorized or incurred a bonded indebtedness for any work or improvement for which the district may incur a bonded debt, and the municipality or county thereafter sells the bonds or any portion thereof, the proceeds of the sale, may, upon the order of the appropriate board of supervisors or city council, be paid by the custodian into the treasury of the district. They shall be applied by the board, exclusively to the purposes for which the bonds were authorized by the municipal corporation or the county issuing them. (Enacted by Stats. 1937, Ch. 368.)
  136. 6936.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. )

    Verify source ↗

    A district may create revenue bond indebtedness for certain acquisitions and construction.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. ) ## 6936. Pursuant to this article a district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within its powers. (Added by Stats. 1958, 1st Ex. Sess., Ch. 91.)
  137. 6937.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. )

    Verify source ↗

    The board may authorize issuance of the bonds only by ordinance adopted by five-sevenths of all board members, and the ordinance takes effect when published.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. ) ## 6937. The issuance of said bonds shall be authorized by ordinance adopted by five-sevenths of all the members of the board, to take effect upon its publication. (Amended by Stats. 1993, Ch. 1195, Sec. 18.1. Effective January 1, 1994.)
  138. 6938.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. )

    Verify source ↗

    The secretary must publish the ordinance once in a newspaper of general circulation printed in the district, or if none exists, in a newspaper published in one of the counties where the district is located.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. ) ## 6938. The secretary shall publish said ordinance once in a newspaper of general circulation printed in said district, and if there is none, then in such newspaper published in one of the counties in which said district is located. (Amended by Stats. 1963, Ch. 280.)
  139. 6939.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. )

    Verify source ↗

    The ordinance must state the bond amount, denomination, maturity method, interest rate or maximum interest rate, and the acquisitions and improvements to be built.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. ) ## 6939. Said ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in general terms, the acquisitions and improvements to be constructed thereby; and, in addition, shall contain such other and further provisions as in the judgment of the board are deemed advisable. (Added by Stats. 1958, 1st Ex. Sess., Ch. 91.)
  140. 6939.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. )

    Verify source ↗

    Bond proceeds must be deposited into a district treasury account and used only for the ordinance’s stated purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. ) ## 6939.1. The proceeds of said bonds shall be placed in an account in the treasury of the district to be entitled ________ Port District Revenue Construction Fund No. ________ and used exclusively for the objects and purposes mentioned in the ordinance. (Added by Stats. 1958, 1st Ex. Sess., Ch. 91.)
  141. 6939.10.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    The board prescribes the bond form, and the officers it designates must sign the bonds and the related coupons.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.10. The form of the bonds shall be prescribed by the board and they shall be signed by the officer or officers that the board designates. The coupons appertaining to the bonds shall be numbered consecutively and shall be signed by the facsimile signature of the officer or officers that the board has designated. (Added by Stats. 1961, Ch. 1457.)
  142. 6939.11.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    Revenue from the harbor improvement must be placed in a special fund and kept separate from other district revenues.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.11. The income and revenue derived or to be realized from the harbor improvement acquired, constructed, improved or extended from the proceeds of the bonds shall be deposited in a special fund and kept separate and apart from all other revenues of the district. It shall be applied, firstly, to the creation of an interest fund, herein designated as “interest fund,” for the payment of the annual interest due or to become due upon the bonds during the next ensuing fiscal year and before the time for the fixing of the next general tax levy in the counties in which the district is located. (Added by Stats. 1961, Ch. 1457.)
  143. 6939.12.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    The special fund must be used, second, to create a sinking fund for paying the bonds’ principal on or before maturity.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.12. The special fund shall be applied, secondly, to the creation of a sinking fund, herein designated as “sinking fund,” to provide for the payment of the principal of the bonds at or before their maturity date or dates. (Added by Stats. 1961, Ch. 1457.)
  144. 6939.13.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    Additional revenues left after required deposits may be placed in an operation fund and used for operating and maintaining the harbor improvement.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.13. Any additional revenues over and above the amounts required to be deposited in the interest fund and the sinking fund, may be deposited in an operation fund, herein designated as “operation fund,” to be applied to the costs of operation and maintenance, including reasonable repairs, depreciation and capital improvements of the particular revenue-producing harbor improvement acquired, constructed, improved or extended by the issuance and sale of the bonds. (Added by Stats. 1961, Ch. 1457.)
  145. 6939.14.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    Surplus revenues in the operation fund may be placed in certain bond-related funds, but money already in the interest fund or sinking fund cannot be moved elsewhere or used for other purposes while the bonds remain outstanding.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.14. Surplus revenues in the operation fund may be deposited either in the interest fund or any reserve fund created to secure any bonds or in the sinking fund, but money allocated to the interest fund or the sinking fund shall not be transferred to any other fund or used for any other purpose than the payment of the bonds and the interest thereon so long as the bonds are outstanding. (Added by Stats. 1961, Ch. 1457.)
  146. 6939.15.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    The board must allocate and pledge the revenues from the harbor improvement to pay bond principal and interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.15. The board, in and by the ordinance authorizing the issuance of the bonds, shall hypothecate and allocate all of the revenues to be realized from the revenue-producing harbor improvement to be acquired or constructed, improved or extended from the proceeds of the bonds to the payment of both principal and interest. The allocation and hypothecation is irrevocable until all bonds and the accrued interest thereon are paid. The allocation and hypothecation shall be made in each case for the exclusive benefit of the bonds to be issued for the purpose of acquiring, constructing, improving or extending the particular revenue-producing harbor improvement, and as additional security for the payment of the principal and interest of the bonds. But the allocation and hypothecation do not constitute the exclusive source of payment. The bonds constitute general obligations of the district and both principal and interest may be paid from any money or sources of revenue of any kind, including taxes, on hand and available for that purpose. (Added by Stats. 1961, Ch. 1457.)
  147. 6939.16.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    If district revenues are insufficient, the board may or must levy and collect a tax on taxable property in the district to pay bond principal and interest or replenish a reserve fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.16. Whenever the revenues of the district are, or in the opinion of the board will be insufficient to provide for the payment in full of the principal or interest on the bonds, the board may, and if the revenues in the interest fund are insufficient to meet the next ensuing fiscal year’s interest on the bonds issued and then outstanding or if the moneys in the sinking fund are insufficient to pay or provide for the payment of any bonds maturing during the next ensuing fiscal year, or if any reserve fund has been drawn upon and not replenished it shall cause a tax to be levied and collected, upon all of the taxable property in the district, sufficient to meet all sums coming due for principal and interest on the bonds during the next ensuing fiscal year and before the time for fixing the next general tax levy in the county in which the district is located or to replenish such reserve fund. The tax shall be levied and collected annually in the manner provided by Chapter 5 (commencing with Section 6940) of this part, and shall be in addition to all other taxes authorized to be levied and collected. When collected, the tax shall not be used for any purpose other than the payment of the bonds and the accruing interest thereon or the replenishment of such reserve fund. (Added by Stats. 1961, Ch. 1457.)
  148. 6939.17.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    The Legislature states that special legislation is needed to authorize additional, limited financing provisions for the Sacramento-Yolo Port District.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.17. The Legislature hereby finds and declares that because of the unique, complex problems existing with respect to the Sacramento-Yolo Port District, as a large inland port district, it is necessary that special legislation be enacted to authorize additional, limited financing provisions for said port district, and that a general law cannot be made applicable. (Added by Stats. 1961, Ch. 1457.)
  149. 6939.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. )

    Verify source ↗

    The board has the powers and duties, and bondholders have the rights and remedies, set out by the referenced Government Code provisions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Revenue Bonds [6936 - 6939.3] ( Article 3 added by Stats. 1958, 1st Ex. Sess., Ch. 91. ) ## 6939.3. Proceedings for the issuance of said bonds shall be had, the board shall have such powers and duties, and the bondholders shall have such rights and remedies, all in substantial accordance with and with like legal effect as provided in Sections 54344 to 54346, inclusive, 54347, 54348, 54350, 54351, 54352, and in Articles 4 (commencing at Section 54400) to 11 (commencing at Section 54660), inclusive, of Chapter 6, Part 1, Division 2, Title 5 of the Government Code. As used therein the word “resolution” shall mean ordinance, the word “local agency” shall mean district, and the words “legislative body” shall mean board. (Added by Stats. 1958, 1st Ex. Sess., Ch. 91.)
  150. 6939.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    The Sacramento-Yolo Port District may create additional bonded debt, subject to a cap of 1% of the assessed value of taxable real and personal property in the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.4. Pursuant to this article, the Sacramento-Yolo Port District may also create an additional bonded debt, in addition to all other indebtedness authorized by the provisions of this chapter, up to but not in excess of 1 percent of the assessed value of all taxable real and personal property within the district. (Added by Stats. 1961, Ch. 1457.)
  151. 6939.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    Bonded indebtedness may be created only to fund specified harbor improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.5. This bonded indebtedness may be created solely for the purpose of providing funds for the acquisition, construction, improvement, or extension of revenue-producing harbor improvements of a self-liquidating character. (Added by Stats. 1961, Ch. 1457.)
  152. 6939.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    Bonds under this article must be authorized by ordinance passed by two-thirds of the board, and the ordinance also needs approval by a two-thirds vote of the relevant county supervisors before it takes effect.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.6. Any bonds issued pursuant to this article shall be authorized by ordinance passed by two-thirds of all of the members of the board. The ordinance shall not become effective until approved by a two-thirds vote of the county supervisors who represent any portion of the territory which is included within the district. Except as provided in this section, an election need not be held within the district, and it is unnecessary to secure the approval of the electors within the district for the issuance of bonds for the purposes and within the limitations of this article. The ordinance shall become effective 30 days from the date of its passage, unless a petition protesting the ordinance is presented to the board pursuant to Section 9144 of the Elections Code, prior to the effective date of the ordinance. If the petition is timely filed, proceedings for the adoption of the ordinance shall be conducted pursuant to Article 2 (commencing with Section 9140) of Chapter 2 of Division 9 of the Elections Code, and, as used in these sections, “board of supervisors” means the board of port commissioners, and “county” means the Sacramento-Yolo Port District. (Amended by Stats. 2006, Ch. 588, Sec. 11. Effective January 1, 2007.)
  153. 6939.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

    Verify source ↗

    Bonds may be issued in one or more series, and each series must be repayable within 30 years, with the earliest principal maturity no more than 10 years from issue.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.7. The bonds of any issue may be issued in one or more series. The bonds of such series shall be payable within 30 years from their date and shall mature serially at such times as may be fixed by the board, but the earliest maturityof the principal of the bonds of any series shall be fixed at a date not more than 10 years from the date of issue of such series. (Added by Stats. 1961, Ch. 1457.)
  154. 6939.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

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    The board may issue bonds and set their denominations, but each bond must be between $100 and $1,000. Bonds must state their payment day, place, and interest rate, and the rate may not exceed 6% per year. The board may also allow early redemption under its chosen terms, but a bond cannot be callable before maturity unless it says so on its face.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.8. The bonds may be issued in such denominations as the board determines, except that no bond shall be of a denomination less than one hundred dollars ($100) nor of a greater denomination than one thousand dollars ($1,000). The bonds shall be payable on the day and at the place or places fixed in such bonds, with interest at the rate specified in the bonds, which rate shall not be in excess of 6 percent per annum of the face amount, payable annually or semiannually. The board may provide for redemption of any bonds before maturity at prices and upon terms and conditions determined by it. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital on its face to that effect. (Added by Stats. 1961, Ch. 1457.)
  155. 6939.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. )

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    The board may issue and sell bonds, but only for at least par value plus accrued interest and on terms and timing the board designates.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6930 - 6939.17] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 4. Additional Sacramento-Yolo Port District Bonds [6939.4 - 6939.17] ( Article 4 added by Stats. 1961, Ch. 1457. ) ## 6939.9. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature is nevertheless as valid and sufficient for all purposes as if he had remained in office. Bonds may be issued and sold by the board for not less than their par value and accrued interest to date of delivery, at such times and under such conditions as may be designated by the board. The proceeds shall be placed in the treasury of the district to the credit of the proper improvement fund and applied exclusively to the objects and purposes mentioned in the ordinance. Said purposes may include bond interest during construction and for a period not to exceed one year after completion of construction, and creation of a reserve fund to secure payment of bond interest and principal. (Added by Stats. 1961, Ch. 1457.)
  156. 6940.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each year, the port director must give the board a detailed statement of the money needed for the next fiscal year by June 1, and provide any data and schedules the board requires with the estimate.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6940. On or before June first of each year, the port director shall submit to the board a detailed statement of the money required for the ensuing fiscal year for the purpose of conducting the business of the district. There shall be submitted with the estimate such data and schedules as the board may require. (Enacted by Stats. 1937, Ch. 368.)
  157. 6941.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each district board must give the county supervisors a written estimate of needed money each year, and county supervisors must levy a special tax on district property after approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6941. Annually on or before the date set for the consideration of the budget by the board of supervisors of each county in which the district, or any portion thereof, is located, the board of each district shall furnish to the board of supervisors of each county in which the district is situated, an estimate in writing of the amount of money necessary for all purposes by the district during the ensuing fiscal year. Upon approval by the board of supervisors of each county, in which any lands lie within the district, the board of supervisors of each county shall levy a special tax, on all taxable property of the county lying within the district, sufficient in amount to raise the county’s proportionate amount of the sum required. (Enacted by Stats. 1937, Ch. 368.)
  158. 6942.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district tax cannot exceed ten cents per $100 of assessed value, except amounts needed for bond interest and redemption.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6942. The tax shall not exceed the rate of ten cents on each one hundred dollars of the assessed value of all taxable property within the district, exclusive of the amount necessary to be raised by taxes to meet bond interest and redemption. The tax shall be computed, entered upon the tax rolls and collected in the same manner as county taxes are computed, entered and collected. All money so collected shall be paid into the county treasury to the credit of the particular district fund and shall be paid to the treasurer of the district upon the order of the board of port commissioners. (Enacted by Stats. 1937, Ch. 368.)
  159. 6943.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may incur debt for operating the port and district during the stated startup period, and its first tax levy must be set high enough to cover first-year operating costs and those obligations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6943. From the time of the organization of any district until the next succeeding July 1st, or in the event that a district is formed between February 1st and July 1st of any year then until one year from the next succeeding July 1st after the formation thereof, the district may incur indebtedness for the purpose of operating the port and the district and in the first tax levy, the rate shall be in an amount sufficient to operate the port and the district for the first full fiscal year as well as to pay the obligations incurred as herein provided for. (Amended by Stats. 1947, Ch. 563.)
  160. 6944.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may levy assessments, reassessments, special taxes, and issue bonds for certain waterway projects, and some related rules and code sections do not apply.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6940 - 6944] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6944. (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104, and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section. (c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel. (d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following: (1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation. (2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, provided that the advances be repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section. (4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project. (5) To acquire real property within the district for disposal of dredged material. (e) For purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board. (f) For purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects. (g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners. (i) Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district. (j) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (k) Any assessment levied pursuant to subdivision (a) or (d) to be payable in two or more installments over a period of greater than one year shall be authorized by a five-sevenths or greater vote of all of the members of the board. (Amended by Stats. 1993, Ch. 1195, Sec. 18.3. Effective January 1, 1994.)
  161. 6960.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    Claims against the district follow the referenced Government Code procedures unless another statute or regulation applies; other claims must be filed with the auditor, and the auditor keeps a public record of claims.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6960. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. All claims not governed thereby shall be filed with the auditor on forms and blanks prescribed by him. A claim shall not be paid without the endorsement of the auditor certifying to its correctness. The auditor shall keep a record, which shall be a public one, of all claims against the district showing by whom made, for what purpose, the amount thereof and when paid. (Amended by Stats. 1963, Ch. 1715.)
  162. 6961.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    If a fund does not have enough money to pay claims, the treasurer must register the claim, return it marked “Registered,” and registered claims are paid in order of registration.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6961. If there is not sufficient money in any fund to pay the claims made against the fund, the claim shall be registered in a book kept by the treasurer, showing its number, when presented, date, amount, name of payee, and on what account allowed and out of what fund payable. When so registered, the claim shall be returned to the party presenting it with the endorsement of the word “Registered” dated and signed by the treasurer. All registered claims are payable in the order of their registration. This section does not prevent the payment by the treasurer of bonds of the district or of any city or county, and interest coupons thereof, in accordance with the Constitution of this State and the provisions of this part. (Enacted by Stats. 1937, Ch. 368.)
  163. 6962.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    Wages and salaries must be paid at intervals the board directs, and in any case at least once each month.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6962. Wages and salaries shall be paid at such intervals as the board may direct, but at least once each month. (Enacted by Stats. 1937, Ch. 368.)
  164. 6963.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Provisions in Chapter I, Division II of the District Organization Act about notices control this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 6. RIVER PORT DISTRICTS [6800 - 6963] ( Part 6 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6940 - 6963] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6960 - 6963] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6963. The provisions of Chapter I, Division II of the District Organization Act relating to notices shall govern and control this part. (Enacted by Stats. 1937, Ch. 368.)
  165. 7.

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

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    A public officer’s deputy, or another person authorized by law, may exercise the officer’s power or perform the officer’s duty unless the code says otherwise.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 7. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1937, Ch. 368.)
  166. 70.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    The department may plan, acquire, build, develop, and improve small craft harbors and related waterways. A harbor may be transferred to a city, county, or district if requested and if the local government agrees to repay the state’s costs. The department can require that repayment, and payment timing is set by the agreement.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70. The department may prepare plans for, and acquire, construct, develop, and improve, small craft harbors, facilities in connection with the harbors, and connecting waterways. A small craft harbor so acquired or developed may be transferred, and its operation relinquished, to a county or city, or a district having power to operate a small craft harbor, in which any part of it is located, upon the request of the city, county, or district, if the city, county, or district enters into an agreement with the department for repayment to the state of all costs incurred by the department in acquiring and developing the small craft harbor, including planning costs. The city, county, or district shall be required by the department to repay those costs. The payments shall be made in the amounts and at the times that are provided by the agreement. (Amended by Stats. 2009, Ch. 610, Sec. 1. (SB 717) Effective January 1, 2010.)
  167. 70.2.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may plan, acquire, build, develop, and improve certain nonrevenue-producing coastal small craft harbor facilities, including through contracts, and may work with the federal government on harbor development.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70.2. (a) The department may prepare or contract for the preparation of plans for, acquire or contract for the acquisition of, construct or contract for the construction of, develop and improve, or contract for the development and improvement of any portion of coastal small craft harbors that are normally nonrevenue producing, such as jetties, breakwaters, dredging, seawalls, piers, and communication centers. (b) This program may be conducted in cooperation with the federal government for harbor development along the coastline of California. In those cooperative projects, the department may assume the role of “local sponsor” as that term is used in agreements with the federal government with regard to those projects referred to in this section if before the department assumes the role of “local sponsor” it determines to its satisfaction that the local entity that would otherwise be designated as local sponsor cannot fulfill the obligations commensurate with that designation. (c) If the nonrevenue producing facilities are to be a portion of an existing harbor, the department, prior to construction of those facilities, shall enter into an agreement with the local governing body of the harbor that provides that revenues from harbor operations and harbor district taxes shall serve as security for repayment of the state contribution to the cost of construction and the local governing body shall assume responsibility for the operation and maintenance of the facilities constructed under the agreement. (d) If nonrevenue producing facilities are to be constructed at a location where no harbor operation is being conducted by a governmental entity, the department may initiate construction of the facilities after securing an agreement with the appropriate local jurisdiction that the local entity shall assume the responsibility of operation and maintenance of the facilities, as well as repayment of all related costs of the department, as agreed to in writing. (e) Harbor facilities provided by the department pursuant to this section shall be defined as nonrevenue producing features for the purpose of the term of repayment under subdivision (a) of Section 71.8. (Amended by Stats. 2009, Ch. 610, Sec. 2. (SB 717) Effective January 1, 2010.)
  168. 70.3.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section defines “harbor of safe refuge.”

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70.3. “Harbor of safe refuge” means a port, harbor, inlet, or other body of water normally sheltered from heavy seas by land and in which a vessel can navigate and safely moor, as set forth in Section 70.5. (Added by Stats. 2000, Ch. 282, Sec. 1. Effective January 1, 2001.)
  169. 70.4.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    A local government receiving money for a small craft harbor of refuge must not exclude commercial boats or vessels needing refuge, and vessels using such a harbor must pay published fees and follow applicable laws.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70.4. No city, county, or district that has received, or is receiving, money under this division for the design, planning, construction, or improvement of a small craft harbor of refuge shall exclude, consistent with the intent of Section 40, the use of that harbor by a commercial boat, or any vessel in need of a safe harbor for refuge purposes. Each vessel entering and using a harbor of safe refuge pursuant to this section shall pay the published fees for services rendered while in the harbor and shall comply with all other applicable local, state, and federal laws while in the harbor and while using any facilities in the harbor. (Amended by Stats. 2009, Ch. 610, Sec. 3. (SB 717) Effective January 1, 2010.)
  170. 70.5.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    This section lists specific harbors as harbors of safe refuge and says their use for that purpose depends on the Coast Guard officer’s suitability determination.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70.5. (a) The following are harbors of safe refuge: (1) Bodega Bay Harbor. (2) Channel Islands Harbor. (3) Crescent City Harbor. (4) Dana Point Harbor. (5) Fort Bragg Harbor. (6) Humboldt Bay Harbor. (7) Kings Harbor. (8) Marina del Rey Harbor. (9) Monterey Harbor. (10) Morro Bay Harbor. (11) Moss Landing. (12) Newport Beach Harbor. (13) Oceanside Harbor. (14) Pillar Point Harbor. (15) Port San Luis Harbor. (16) Santa Barbara Harbor. (17) Santa Cruz Harbor. (18) Ventura Harbor. (b) The use of any harbor listed in subdivision (a) for safe refuge purposes is subject to the suitability of that location as a harbor of safe refuge as determined by the cognizant Officer in Charge, Marine Inspection, United States Coast Guard, as described in the definition of “harbor of safe refuge” in Section 175.400 of Title 46 of the Code of Federal Regulations. (Added by Stats. 2000, Ch. 282, Sec. 3. Effective January 1, 2001.)
  171. 70.6.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    If the department builds or improves a small craft harbor and no city, county, or district requests to take over operation, the department may keep operating the 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70.6. If the department acquires, constructs, develops, or improves a small craft harbor pursuant to Section 70 but receives no request for transfer of its operation to a city, county, or district willing and able to meet the requisite conditions for such a transfer, the department may maintain and operate the harbor. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  172. 70.8.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may contract with government entities to design, plan, build, develop, improve, maintain, or operate small craft harbors.

    ## 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 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 3. Small Craft Harbors and Connecting Waterways [70 - 72.9] ( Article 3 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 70.8. The department may contract with a federal agency, state agency, or city, county, or district, in the design, planning, construction, development, and improvement of small craft harbors pursuant to this chapter, or for the maintenance and operation of any small craft harbors under the jurisdiction of the department. (Amended by Stats. 2009, Ch. 610, Sec. 4. (SB 717) Effective January 1, 2010.)
  173. 700.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    This article is called the Yacht and Ship Brokers Act and may be cited by that name.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 700. This article shall be known and may be cited as the Yacht and Ship Brokers Act. (Added by Stats. 1978, Ch. 453.)
  174. 7000.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    This part may be called the Small Craft Harbor District Law.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. ) ## 7000. This part shall be known and may be cited as the Small Craft Harbor District Law. (Added by Stats. 1959, Ch. 1598.)
  175. 7001.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    This part must be read broadly, and it does not override other laws or interfere with existing harbors or harbor governance under other laws.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. ) ## 7001. This part and all of its provisions shall be liberally construed to the end that its purpose may be effective. This part does not affect any other law covering the same subject, nor apply to any proceedings had thereunder, nor does it in any manner interfere with existing harbors or prevent the formation, operation or government of harbors within the State under any other law. (Added by Stats. 1959, Ch. 1598.)
  176. 7002.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    This section defines “harbor” for this code section.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. ) ## 7002. “Harbor” means a portion of the Pacific Ocean or inland waters, including rivers, streams, lakes, bays, estuaries, inlets, straits and other waters within the jurisdiction of the State, naturally or artificially protected or capable of being artificially protected so as to be a place of safety for vessels, including the artificially protective works, the public lands underlying, washed by, ashore of, or abutting any of said waters and the structures and facilities provided within, beneath, abutting or ashore of any enclosed body of any of said waters for any of the uses or purposes set forth in Section 7149, including the moving and servicing of vessels and the servicing of their crews and passengers. (Added by Stats. 1959, Ch. 1598.)
  177. 7003.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    “District” means any small craft harbor district formed under this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. ) ## 7003. “District” means any small craft harbor district formed pursuant to this part. (Added by Stats. 1959, Ch. 1598.)
  178. 7004.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    This section defines “Board” as the board of directors of a district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. ) ## 7004. “Board” means the board of directors of a district. (Added by Stats. 1959, Ch. 1598.)
  179. 7005.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    This section defines “develop” and “development” to include acquisition, construction, repair, leasing, improvement, or any combination needed to create or develop a harbor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 1. General Provisions [7000 - 7005] ( Chapter 1 added by Stats. 1959, Ch. 1598. ) ## 7005. “Develop” and “development” includes without limitation the acquisition, construction, repair, leasing improvement or any combination thereof necessary to create or develop a harbor. (Added by Stats. 1959, Ch. 1598.)
  180. 701.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    This section defines “broker,” “salesman,” and “yacht” or “ship” for this article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 701. Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Broker” means a person who, except as otherwise excluded by Section 710, for compensation or in expectation of compensation, does, or negotiates to do, one or more of the following acts for another or others: (1) Sells or offers to sell, buys or offers to buy, solicits or obtains listings of, or negotiates the purchase, sale, or exchange of yachts, and who does not own those yachts. (2) Leases or rents, offers to lease or rent, places for rent, solicits a listing of a yacht for rent, or negotiates the sale, purchase, or exchange of a lease on a yacht, for a rental or lease period of more than 90 consecutive days to any one person or business during any 12-month period, and who does not own that yacht. (b) “Salesman” refers to a natural person who, except as otherwise excluded by Section 710, for compensation or in expectation of compensation, is employed by a licensed broker to do one or more of the acts set forth in subdivision (a). The term includes “saleswoman” and “salesperson.” (c) “Yacht” or “ship” refers to any vessel 16 feet or more in length and under 300 gross tons used for navigating in water and designed to be propelled by machinery or sail. (Amended by Stats. 1996, Ch. 445, Sec. 1. Effective January 1, 1997.)
  181. 7010.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A district may be formed from part or all of a county, including territory inside cities or unincorporated territory, and it may include all or part of the proposed harbor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7010. A district may be formed consisting of any portion or portions of a county, whether contiguous or not, lying entirely within a city or entirely within unincorporated territory of the county or wholly or partially including territory of all or part of one or more cities within the county, including within its boundaries the whole or some part of the harbor proposed to be developed. (Added by Stats. 1959, Ch. 1598.)
  182. 7011.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    At least 50 registered, qualified electors living in the proposed district may sign and file a written petition with the county board of supervisors to form a district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7011. Fifty or more registered, qualified electors in a county residing within the proposed district may sign and present to the board of supervisors of the county a petition in writing for the formation of a district. (Added by Stats. 1959, Ch. 1598.)
  183. 7012.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A petition for forming a small craft harbor district must state the district’s exterior boundaries, describe the proposed harbor development, and request that the described territory be formed into a district under this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7012. The petition shall: (a) Set forth the exterior boundaries of the proposed district. (b) Generally describe the proposed harbor development. (c) A request that the territory included within the described boundaries be formed into a district pursuant to this part. (Added by Stats. 1959, Ch. 1598.)
  184. 7013.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The county registrar of voters, or the county clerk if there is no registrar, must examine the petition and report in writing to the board of supervisors within 10 days after filing.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7013. Within 10 days from the filing thereof the county registrar of voters, or if there be none, the county clerk, shall examine the petition and report in writing to the board of supervisors as to the sufficiency thereof. If the report shows the petition to be insufficient a supplemental petition may be filed within one month from the date of the report. (Added by Stats. 1959, Ch. 1598.)
  185. 7014.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If the petition is sufficient, it must be published with a hearing notice, and interested persons may file written protests before the hearing.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 1. Petition [7010 - 7014] ( Article 1 added by Stats. 1959, Ch. 1598. ) ## 7014. If the report shows the petition to be sufficient the petition shall be published as provided in Section 6066 of the Government Code in a newspaper of general circulation in the county in which the proposed district is located together with a notice setting forth the day, hour and place at which the petition will be heard by the board of supervisors and stating that at the designated time and place all persons interested may appear and be heard. The notice shall also state that any interested person, including any owner of taxable real property within the proposed district, may file with the clerk of the body conducting the hearing at any time prior to the time fixed for the hearing a written protest or objection to the formation of the district. The names of only three signers of the petition need be published. The time fixed for the hearing shall not be less than 30 nor more than 60 days after the first publication of the petition and notice of hearing. (Added by Stats. 1959, Ch. 1598.)
  186. 702.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    Department records about yacht brokers and yacht salesmen must be open for public inspection during regular office hours, unless another law provides otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 702. Except as otherwise provided by law, all records of the department relating to yacht brokers and yacht salesmen shall be open to inspection by the public during regular office hours. (Added by Stats. 1978, Ch. 453.)
  187. 702.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

    Verify source ↗

    Electronic declarations, licenses, and other records under this article must satisfy the Civil Code definition of a “record.”

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 702.5. Any declaration, license, or other record electronically generated or transmitted pursuant to this article shall meet the requirements of a “record” under Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code. (Added by Stats. 2000, Ch. 380, Sec. 1. Effective January 1, 2001.)
  188. 7020.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The board of supervisors must hold the hearing at the noticed time and place and consider the petition; it may also continue the hearing from time to time.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7020. At the time and place specified in the notice the board of supervisors shall hold the hearing, consider the petition and may continue the hearing from time to time. (Added by Stats. 1959, Ch. 1598.)
  189. 7021.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    The board of supervisors may change proposed harbor district boundaries at the hearing, but adding land requires published notice.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7021. At the hearing the board of supervisors, without further notice, may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the proposed harbor development. The board of supervisors may also change the exterior boundaries of the proposed district by adding to the district and including therein other lands which will be benefited by the proposed harbor development. Land may not be added to the proposed district unless notice is given by the board of supervisors of the proposed addition or additions to the district by publication of its intention to do so. The notice shall contain a description of the additional lands to be included in the proposed district, and it shall state the day, hour and place for the owners of land within the proposed addition to appear before the board of supervisors and state their objections, if any, to the inclusion. The notice shall be published as provided in Section 6066 of the Government Code in a newspaper of general circulation in the county in which the proposed district is located, the first publication to be at least 15 days before the day so fixed. (Added by Stats. 1959, Ch. 1598.)
  190. 7022.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    If a proposed district lies entirely within one city, the city clerk and the city’s legislative body handle the formation proceedings instead of the board of supervisors’ process.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7022. If the territory included within the proposed district lies entirely within one city, the petition shall be filed with the city clerk and the clerk and the legislative body of the city shall conduct all the formation proceedings in the same manner as herein provided for the board of supervisors. (Added by Stats. 1959, Ch. 1598.)
  191. 7023.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A city’s territory cannot be included in a small craft harbor district unless the city’s legislative body consents and the consent is filed before the board of supervisors adopts the Section 7024 resolution.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7023. Except for proceedings to which Section 7022 applies, no territory lying within a city may be included in a district formed pursuant to this part without the consent of the city given by its legislative body, and filed with the board of supervisors prior to the adoption by the board of supervisors of the resolution provided for in Section 7024. (Added by Stats. 1959, Ch. 1598.)
  192. 7023.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

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    If a majority protest is filed before the hearing, the hearing body must find that fact and end the proceeding.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7023.5. If, prior to the time fixed for the hearing, the owners of taxable real property in the proposed district having an assessed valuation of more than one-half of the assessed valuation of all taxable real property in the proposed district have filed with the clerk of the body conducting the hearing written protest or objection to the formation of the district, the body conducting the hearing shall so find and the proceeding shall be terminated and no further proceedings shall be had or taken pursuant to the petition. If the proceeding is so terminated by the filing of a written majority protest or objection, a new petition for the same or substantially the same district may not be filed until the expiration of two years from the date of the finding that such protest or objection has been filed. (Added by Stats. 1959, Ch. 1598.)
  193. 7024.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    After the hearing, the board of supervisors must make a resolution finding benefit and regular proceedings if those determinations are made, and the resolution must include the district name, harbor name, and district boundaries.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7024. If, after concluding the hearing, the board of supervisors determines that the proposed harbor development will benefit the property within the proposed district, as originally proposed or as changed by the board of supervisors, and that the proceedings have been regularly had and taken it shall so find by resolution. The resolution shall also contain: (a) The name of the proposed district, as determined by the board of supervisors. (b) The official name by which the harbor will be known, as determined by the board of supervisors. (c) A description of the exterior boundaries of the proposed district, as finally determined by the board of supervisors. (Added by Stats. 1959, Ch. 1598.)
  194. 7025.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    A board of supervisors’ finding that a petition is genuine and sufficient, and that notice is adequate, is conclusive against everyone.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 2. Hearing [7020 - 7025] ( Article 2 added by Stats. 1959, Ch. 1598. ) ## 7025. A finding of the board of supervisors of the genuineness and sufficiency of the petition and that notice shall be conclusive against all persons. (Added by Stats. 1959, Ch. 1598.)
  195. 703.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. )

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    The director has broad power to hire staff, set their duties and pay, regulate licenses, enforce this article, swear oaths, issue rules, and open branch offices.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 2. Yacht and Ship Brokers [700 - 740] ( Article 2 added by Stats. 1978, Ch. 453. ) ## 703. (a) The director may, in accordance with the State Civil Service Act (commencing with Section 18500 of the Government Code), select, employ, and fix the compensation of such employees as may be necessary properly to administer this article, provided that no employee of the department shall have an interest for financial or other personal gain in the business of a licensed broker as director, stockholder, officer, member, agent, salesman, or employee. (b) The director may prescribe the duties of all employees. (c) The director may regulate and control the issuance, denial, suspension, and revocation, both temporary and permanent, of the licenses issued under this article. (d) The director may perform all other acts and duties necessary for the proper enforcement of this article. (e) The director may institute proceedings in any court of competent jurisdiction to enforce the provisions of this article by injunction or otherwise. (f) The director or any member of the department may administer oaths for the purpose of executing this article. (g) The director may prescribe rules and regulations to carry this article into effect in accordance with Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, and may authorize the department to establish branch offices in such other cities as may be necessary for the proper administration of this article. (Added by Stats. 1978, Ch. 453.)
  196. 7030.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

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    After the specified resolution is adopted, the board of supervisors must call and notify an election in the proposed district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7030. After adoption of the resolution provided for in Section 7024 the board of supervisors shall call and give notice of an election to be held in the proposed district for the purpose of determining whether or not it shall be formed and for the election of five persons who shall serve as the first directors of the district if the district is formed. (Added by Stats. 1959, Ch. 1598.)
  197. 7031.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The resolution calling the election must include the election date, district name, harbor name, district boundaries, polling details, and the proposition to be voted on.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7031. The resolution calling the election shall contain: (a) The date of the election. (b) The name of the proposed district. (c) The official name by which the harbor will be known. (d) A description of the exterior boundaries of the proposed district. (e) The hours that the polls will be open, the election precincts, the polling place or places and the election board or boards appointed to conduct the election. (f) The statement of the proposition to be voted upon. (Added by Stats. 1959, Ch. 1598.)
  198. 7032.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    For the formation election, the board of supervisors must set precincts, choose polling places, appoint election boards, and canvass the returns.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7032. The election shall be called and conducted and candidates nominated in the manner provided for general district elections, except that the board of supervisors shall establish election precincts, designate the polling place or places, appoint the election board or boards and canvass the returns. (Added by Stats. 1959, Ch. 1598.)
  199. 7033.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    The resolution calling the election must be published in a general-circulation newspaper in the county where the proposed district is located, and the first publication must be at least 30 days before the election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7033. The resolution calling the election shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation in the county in which the proposed district is located, the first publication to be at least 30 days prior to the date of election. (Added by Stats. 1959, Ch. 1598.)
  200. 7033.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. )

    Verify source ↗

    After a district formation election is called, the legislative body must send written notice within five days, the executive officer must prepare and submit an impartial analysis within five days after notice, and the local agency formation commission must approve or modify that analysis and forward it within five days after receiving it.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 7. SMALL CRAFT HARBOR DISTRICTS [7000 - 7340] ( Part 7 added by Stats. 1959, Ch. 1598. ) ## CHAPTER 2. Formation [7010 - 7037] ( Chapter 2 added by Stats. 1959, Ch. 1598. ) ## ARTICLE 3. Election on Formation [7030 - 7037] ( Article 3 added by Stats. 1959, Ch. 1598. ) ## 7033.1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Added by Stats. 1970, Ch. 736.)

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