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(a) Special-Use Area. In order to promote the recreational use of Clipper Cove, reduce existing and potential conflicts among recreational users of Clipper Cove, protect the overall public health and safety of users of the Cove, and to eliminate adverse environmental impacts to the San Francisco Bay, Clipper Cove is hereby designated a Special-Use Area as that term is defined and used in California's Harbors and Navigation Code (see, California Harbors and Navigation Code §§ 651, 660).
(b) Clipper Cove Defined. For the purposes of Section 1.1 of this Code, Clipper Cove is defined as that section of San Francisco Bay bounded by the south shore of Treasure Island, the north shore of Yerba Buena Island, and the connecting causeway, west of a line extending from the southeast corner of the finger pier known as "Pier 1" along the east side of Treasure Island, at about latitude 37 [degrees] 49' 11", longitude 122 [degrees] 21' 40", approximately 153 [degrees] 20' to the northeasterly point of Yerba Buena Island, at about latitude 37 [degrees] 48' 55", longitude 122 [degrees] 21' 30".
(c) Permit Requirements.
(1) Treasure Island Development Authority ("TIDA") shall erect signage at the entrance to the Clipper Cove Special-Use Area informing boaters of permit requirements and the method for obtaining a permit;
(2) It shall be unlawful for a vessel to be moored, anchored, or otherwise allowed to remain in Clipper Cove for more than 24 hours without a valid permit or permit extension issued by TIDA or its designee; and,
(3) It shall be unlawful for any vessel to remain moored, anchored, or otherwise allowed to remain in Clipper Cove after expiration or revocation of such permit.
(d) Salvage Prohibited. It shall be unlawful for any person to conduct salvage operations or to be in possession of materials salvaged from Clipper Cove, without written permission from TIDA.
(e) Criminal Penalties. A violation of any of the provisions of Section 1.1 shall be a misdemeanor or an infraction. The complaint charging the violation shall specify whether the violation is a misdemeanor or infraction. Any violation may be charged and punished as a misdemeanor instead of an infraction; except that any violation of Section 1.1(d) "Salvage Prohibited" shall be charged and punished as a misdemeanor.
(1) A person found guilty of a misdemeanor shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000.00), or both.
(2) A person found guilty of an infraction shall be punished by a fine of up to $100 for a first violation, and up to $500 for a second violation within one year of the date of the first violation. If a person is charged with a third violation within one year of the date of the second or subsequent violation, it shall be charged as a misdemeanor.
(f) Administrative Citation and Penalty. The TIDA Director or designee may issue an administrative citation that imposes an administrative fine for violation of any provision of this Section 1.1 or the TIDA Clipper Cove Special Use Area Rules and Regulations. San Francisco Administrative Code Chapter 100 "Procedures Governing the Imposition of Administrative Fines" as it may be amended from time to time is hereby incorporated in its entirety, and shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties issued under this Subsection (f).
(g) Removal and Storage of Vessels.
(1) TIDA shall erect signage at the entrance to Clipper Cove informing boaters that vessels moored, anchored, or otherwise allowed to remain in Clipper Cove in violation of this Section 1.1 are subject to removal.
(2) TIDA or its designee may remove and store any vessel that is moored, anchored, or otherwise allowed to remain in Clipper Cove in violation of this ordinance, 72 hours after notice is posted in accordance with this Subsection (g). The registered owner of any vessel removed and stored under this Section 1.1 shall be responsible for reimbursing TIDA or its designee for the cost of such removal and storage.
(4) Within 48 hours after the removal of a vessel pursuant to this Section 1.1, excluding weekends and holidays, TIDA or its designee must send notice of removal of the vessel by certified or first-class mail: to the registered and legal owners, if known or discovered before or after the removal, at their addresses of record with the Department of Motor Vehicles and the National Vessel Documentation Center, and to any other person that TIDA or its designee knows has an interest in the vessel.
(5) The notice of removal required by Subsections 1.1(g)(3) and (g)(4) shall include the following:
(A) TIDA's name, address, and telephone number, and, if applicable, the name, address and telephone number of TIDA's designee;
(B) A description of the vessel;
(C) The location from which the vessel was removed;
(D) The location of the intended or actual place of storage;
(E) The authority and purpose for removal of the vessel;
(F) A statement that the vessel may be claimed and recovered within 15 days of the date the notice of removal is issued upon payment of any costs incurred by TIDA or its designee related to salvage and storage of the vessel, and that following expiration of the 15-day period the property will be sold or otherwise disposed of by TIDA or its designee;
(G) A statement that the registered or legal owners or any other person known to have an interest in the property shall have the opportunity for a post-removal hearing before TIDA or its designee to determine the validity of the removal and storage, if a request for a hearing is made to TIDA or its designee in person, by telephone, by email or by regular mail within 10 days from the date of notice; and that if the registered or legal owner or any other person known to have an interest in the property disagrees with the decision of TIDA or its designee after the hearing, he or she may seek review of the decision of TIDA or its designee pursuant to Government Code § 11523 and Harbors and Navigation Code § 526(b)(7) or their successor provisions.
(6) TIDA or its designee shall conduct any requested hearing within 48 hours of the time it receives the request, excluding weekends and holidays. TIDA may authorize its own officers or employees to conduct the hearing, but the hearing officer shall not be the same person who directed the removal and storage of the vessel. The failure of either the registered or legal owners or any other person known to have an interest in the property to request or attend a scheduled hearing shall not affect the validity of the hearing.
(7) TIDA shall be responsible for the costs incurred for removal and storage if it is determined in the post-storage hearing that valid grounds for the removal and storage were not established.
(h) TIDA Clipper Cove Special-Use Area Rules and Regulations.
(1) The Treasure Island Development Authority Board of Directors shall periodically review the TIDA Clipper Cove Special-Use Area Rules and Regulations regarding permits and related matters, and update as appropriate in conformance with this Section 1.1, California Harbors and Navigation Code, other applicable laws and regulations, and as otherwise deemed appropriate by the TIDA Board.
(2) A public hearing shall be conducted before any adoption, amendment, or repeal of any rule or regulation. At least ten days' public notice shall be given for such public hearing. All such rules and regulations shall be filed with the Clerk of the Board of Supervisors.
(i) The remedies, penalties and procedures provided under this Section are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures.
(Added by Ord. 193-09, File No. 090555, App. 8/20/2009; amended by Ord. 10-13 , File No. 121030, App. 2/4/2013, Eff. 3/6/2013)