The council of the city finds as follows:
A. The Sacramento marina, as described in Section 12.76.010 of this chapter, is designated as a "special use area," as defined in the Harbors and Navigation Code, Section 651(aa). The Sacramento marina is operated by the city as a facility for the berthing of vessels. Local regulation of the Sacramento marina is required to prevent accidents and to facilitate the use of the marina for its primary purpose of berthing licensee vessels.
B. The areas within two hundred (200) feet of the Miller Park boat launch ramp and courtesy dock and within two hundred (200) feet of the Garcia Bend boat launch ramp are designated as special use areas, as defined in the Harbors and Navigation Code, Section 651(v). The boat launch ramps and courtesy dock are operated by the city for the launching and delaunching of vessels and for the coming and going of vessels using the courtesy dock on a temporary basis. Local regulations of the area within two hundred (200) feet of the boat launch ramps and courtesy dock is necessary to prevent accidents and to facilitate the use of the boat launch ramps and courtesy dock for their primary purpose.
C. The configuration of the Sacramento marina, and the large number of boats berthed therein, which navigate in and out of the marina, make use of the marina area by persons other than marina berth licensees incompatible with the primary use of the marina by licensees. The presence of nonlicensee vessels within the Sacramento marina reduces the city's ability to provide a safe channel to navigate in and out of the Sacramento marina, because it increases the likelihood of collisions, and reduces the city's ability to protect licensees' boats and other property.
D. The presence of persons fishing from shore or from vessels that are not properly berthed within the Sacramento marina is incompatible with the primary use of the marina by licensees. Fishing by nonlicensees within the Sacramento marina reduces the city's ability to provide a safe channel to navigate in and out of the Sacramento marina, because it increases the likelihood of collisions, and reduces the city's ability to protect licensees' boats and other property.
E. The presence of nonlicensees' personal watercraft within the Sacramento marina is incompatible with the primary use of the marina by licensees. The presence of nonlicensees' personal watercraft within the Sacramento marina reduces the city's ability to provide a safe channel to navigate in and out of the Sacramento marina, because it increases the likelihood of collisions, and reduces the city's ability to protect licensees' boats and other property.
F. The presence of personal watercraft within two hundred (200) feet of the boat launch ramps and courtesy dock, other than for launching and delaunching, presents a threat to public safety, in that wakes produced by the personal watercraft endanger the safety of other vessels which are launching and delaunching, and the presence of personal watercraft increases the likelihood of collisions between personal watercraft and other vessels.
H. The ordinance codified in this chapter is adopted pursuant to the police powers of the city granted by the California Constitution, Article XI, Section 7, and the statutory authority conferred upon local governments by the Harbors and Navigation Code, Sections 268(a) and 660(a). (Ord. 2006-059 § 1)