DIVISION 3. VESSELS [399. - 786.]
Division 3 enacted by Stats. 1937, Ch. 368.
§§ 399–786 · 304 sections
CHAPTER 1. Vessels Generally §§ 399–449.5 · 46 sections
ARTICLE 1. General Provisions and Definitions §§ 399–406 · 8 sections
- § 399 The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so…
- § 400 “Appurtenances” include all things belonging to the owners, which are on board a vessel, and which are connected with its proper use and the objects of the…
- § 401 Vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign…
- § 402 A vessel in a port of the country in which it is registered is called a domestic vessel, in another port it is called a foreign vessel.
- § 403 If a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent…
- § 404 If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.
- § 405 The registry, enrollment, and license of vessels are regulated by acts of Congress.
- § 406 Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any…
ARTICLE 1.5. Vessel Repair §§ 410–418 · 9 sections
- § 410 As used in this article, the following definitions apply: (a) “Customer” means any person who requests a repairperson to do work on a vessel which is in the…
- § 411 This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more.
- § 412 Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the…
- § 413 No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the…
- § 414 Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if…
- § 415 All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied. Work and…
- § 416 The invoice shall show the repairperson’s business name and address. If the repairperson’s telephone number is on the invoice, it shall be the telephone number…
- § 417 Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis.
- § 418 (a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot…
ARTICLE 2. Liability, Generally §§ 420–432 · 13 sections
- § 420 A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire.
- § 421 The liability of a common carrier by sea is further regulated by acts of Congress.
- § 422 Perils of the sea are: (a) Storms and waves. (b) Rocks, shoals, and rapids. (c) Other obstacles, though of human origin. (d) Changes of climate. (e) The…
- § 423 A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the…
- § 424 The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that…
- § 425 A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or otherwise sacrifice, any or…
- § 426 So far as possible, a jettison shall begin with the most bulky and least valuable articles.
- § 427 A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any…
- § 428 The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for…
- § 429 The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate interest shall be…
- § 430 In estimating values for the purpose of a general average, the vessel and appurtenances shall be valued as at the end of the voyage, the freightage at one-half…
- § 431 The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it is usual to stow such…
- § 432 The law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily…
ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay §§ 440–444 · 5 sections
- § 440 Pilots holding valid licenses for San Pedro Bay and its approaches and tributaries, their associations, employers, and others providing piloting services in…
- § 441 The rates and charges for pilotage services do not include insurance covering the vessel or its owners, agents, charterers, or operators from the consequences…
- § 442 Upon reasonable notice from the owners, agents, charterers, or operators, a pilot shall provide insurance covering the vessel, its owners, agents, charterers,…
- § 443 The election of the owners, agents, charterers, or operators to use a pilot through whom trip insurance could have been obtained shall constitute a binding and…
- § 444 It shall be understood and agreed, and shall be the essence of an agreement under which services of the pilot are tendered to and are accepted by owners,…
ARTICLE 4. Vessel Traffic Service §§ 445–449.5 · 11 sections
- § 445 (a) The Marine Exchange of Los Angeles-Long Beach Harbor, Inc., hereafter referred to as the marine exchange, a corporation organized under the Non-Profit…
- § 445.5 “Covered vessel,” as used in this article, means any of the following: (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length,…
- § 446 Prior to entering the VTS area, every covered vessel shall report to the marine exchange the vessel’s name, call sign, location, course, speed, destination,…
- § 446.5 The Ports of Los Angeles and Long Beach may impose fees upon all covered vessels within the VTS area to pay the cost of operating the vessel traffic service.
- § 447 The following vessels, while transiting the VTS area, shall comply with the requirements of Section 447.5: (a) Every power-driven vessel of 20 meters or more…
- § 447.5 While transiting the VTS area, every vessel described in Sections 445.5 and 447 shall do all of the following: (a) Maintain continuous radio monitoring or…
- § 448 The vessel traffic service shall be advisory in nature. Nothing in this article relieves, or is intended to relieve, any vessel, its owners, agents,…
- § 448.5 (a) It shall be understood and agreed, and shall be the essence of the marine exchange’s operation of the vessel traffic service, that the marine exchange act…
- § 449 (a) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange meets the…
- § 449.3 The marine exchange shall cooperate fully with the administrator appointed pursuant to Section 8670.4 of the Government Code in the development and…
- § 449.5 (a) Upon request by the administrator, the marine exchange shall submit a complete description and operational status report of the vessel traffic service.…
CHAPTER 2. Civil Actions and Liens §§ 450–509 · 50 sections
ARTICLE 1. Bottomry §§ 450–462 · 13 sections
- § 450 Bottomry is a contract by which a vessel or its freightage is hypothecated as security for a loan, which is to be repaid only if the vessel survives a…
- § 451 The owner of a vessel may hypothecate it or its freightage, upon bottomry, for any lawful purpose, and at any time and place.
- § 452 The master of a vessel may hypothecate it upon bottomry only for the purpose of procuring repairs or supplies which are necessary for accomplishing the objects…
- § 453 The master of a vessel can hypothecate it upon bottomry only when he can not otherwise relieve the necessities of the vessel, and is unable to reach adequate…
- § 454 The master of a vessel may hypothecate freightage upon bottomry, under the same circumstances as those which authorize an hypothecation of the vessel by him.
- § 455 Upon a contract of bottomry, the parties may lawfully stipulate for a rate of interest higher than that allowed by the law upon other contracts. But a…
- § 456 A lender upon a contract of bottomry, made by the master of a vessel, as such, may enforce the contract, though the circumstances necessary to authorize the…
- § 457 A stipulation in a contract of bottomry, imposing any liability for the loan independent of the maritime risks, is void.
- § 458 If there is a total loss of the thing hypothecated, from a risk to which the loan was subject, the lender upon bottomry can recover nothing; if a partial loss,…
- § 459 Unless it is otherwise expressly agreed, a bottomry loan becomes due immediately upon the termination of the risk, although a term of credit is specified in…
- § 460 A bottomry lien is independent of possession, and is lost by omission to enforce it within a reasonable time.
- § 461 A bottomry lien, if created out of a real or apparent necessity, in good faith, is preferred to every other lien or claim upon the same thing, excepting only a…
- § 462 Of two or more bottomry liens on the same subject, the latter in date has preference, if created out of necessity.
ARTICLE 2. Respondentia §§ 470–474 · 5 sections
- § 470 Respondentia is a contract by which all or part of a cargo is hypothecated as security for a loan, the repayment of which is dependent on maritime risks.
- § 471 The owner of cargo may hypothecate it upon respondentia, at any time and place, and for any purpose.
- § 472 The master of a vessel may hypothecate its cargo upon respondentia only if all of the following conditions exist: (a) He would be authorized to hypothecate the…
- § 473 The owner of a vessel is bound to repay to the owner of its cargo all which the latter is compelled to pay in order to discharge a lien under a contract of…
- § 474 The provisions of sections 455 to 462 of this code apply equally to loans on respondentia.
ARTICLE 3. Actions Against Vessels §§ 490–497 · 16 sections
- § 490 Debts amounting to at least fifty dollars ($50), contracted for the benefit of vessels, are liens in the cases provided in Section 491. Actions for any of the…
- § 491 All vessels are liable for: (a) Services rendered on board at the request of, or under contract with, their respective owners, masters, agents, or consignees.…
- § 492 The master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily…
- § 493 The mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior to every…
- § 494 The cost of repairing or replacing any buoy or beacon which is maintained by authority of the United States Bureau of Lighthouses which may be misplaced,…
- § 495 In any action brought pursuant to the provisions of this chapter, the complaint shall designate the vessel by name, and shall be verified by the oath of the…
- § 495.1 Notwithstanding Section 483.010 of the Code of Civil Procedure, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the…
- § 495.3 The writ shall be directed to the sheriff of the county within which the vessel lies, or the marshal of the court, and direct him or her to attach the vessel,…
- § 495.4 The sheriff or marshal to whom the writ is directed and delivered shall execute it without delay, and shall attach and keep in his or her custody the vessel,…
- § 495.5 The owner, or the master agent, or consignee of the vessel, may, on behalf of the owner, appear and answer or plead to the action and may object to the…
- § 495.6 After the attachment is levied, the owner, or the master, agent, or consignee of the vessel, may, in behalf of the owner, have the attachment discharged, upon…
- § 495.7 After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and conditions, as…
- § 495.8 If the attachment is not discharged, and a judgment is recovered in the action in favor of the plaintiff, and an execution is issued thereon, the sheriff or…
- § 495.9 Any mariner, boatman, or other person employed in the service of the vessel attached, who may wish to assert his or her claim for wages against the vessel, the…
- § 496 If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in Section 495.9, is not contested within five days after…
- § 497 The notice of sale published by the sheriff or marshal must contain a statement of the measurement and tonnage of the vessel and a general description of her…
ARTICLE 4. Boaters Lien Law §§ 500–509 · 16 sections
- § 500 This article shall be known and may be cited as the “Boaters Lien Law”.
- § 501 As used in this article: (a) “Department” means the Department of Motor Vehicles or any successor agency thereto which registers vehicles. (b) “Mail” means…
- § 501.3 The time a notice or statement is given or sent, unless otherwise expressly provided, means the time a written notice to a person is deposited in the United…
- § 501.5 The possessory vessel lien procedures described by the provisions of this article shall supersede any local ordinance and shall provide the exclusive means of…
- § 502 (a) Except as provided in Article 1.5 (commencing with Section 410) of Chapter 1 of Division 3, every person has a lien dependent upon possession of the vessel…
- § 503 (a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to the provisions of this section for any…
- § 504 (a) For vessels with a value determined to be one thousand five hundred dollars ($1,500) or less, the department shall promptly furnish the lienholder with the…
- § 505 (a) A registered or legal owner of a vessel may release any interest in the vessel after the lien has arisen. The release shall be dated when signed and a copy…
- § 505.5 (a) Whenever the lien upon any vessel is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vessel by the former…
- § 506 No lien sale shall be undertaken pursuant to Section 503 or 504 unless the vessel has been available for inspection at a location easily accessible to the…
- § 506.5 Within 10 days after the sale of any vessel pursuant to the provisions of Section 503 or 504, the legal or registered owner may redeem the vessel upon the…
- § 507 (a) Except as provided in subdivision (b), at the time a lienholder applies to the department to conduct a sale under Section 504, the lienholder shall submit…
- § 507.5 The proceeds of a vessel lien sale shall be disposed of as follows: (a) The amount necessary to discharge the lien and the actual cost of selling the vessel…
- § 508 A lien provided for in this article for repairs, labor, supplies, or materials for, or for storage or safekeeping of, a vessel may be assigned by written…
- § 508.5 All forms required pursuant to this article shall be prescribed by the department. Language used in the notices and declarations shall be simple and…
- § 509 No lien shall attach to any personal property in or on the vessel except that which is carried on the vessel for lifesaving, safety, mooring, and operating…
CHAPTER 3. Wrecks and Salvage §§ 510–571 · 30 sections
ARTICLE 1. Wrecks and Wrecked Property §§ 510–527 · 20 sections
- § 510 The sheriff of each county shall give all possible aid and assistance to vessels stranded on its coast, and to the persons on board. He shall exert himself to…
- § 511 Wrecked property may be kept or reclaimed at the time of the wreck by the owner, consignee, or other person entitled to possession; but if any person has a…
- § 512 The sheriff of any county in which any wrecked property is found, when no person entitled to possession appears, shall take possession of it in the name of the…
- § 513 If wrecked property is in a perishable state, the sheriff shall apply to the judge of the superior court, upon a verified petition, for an order authorizing…
- § 514 If, within 90 days after wrecked property is found, any person claims the property, or its proceeds, and establishes his or her claim by evidence satisfactory…
- § 515 Before making the order, the judge shall require from the claimant a bond to the people to be approved by the judge and filed with the clerk of the court, in a…
- § 516 If the bond becomes forfeited, the judge of the superior court, upon the application, supported by proof of the person entitled to its benefit shall make an…
- § 517 The rejection by the judge of any claim shall not preclude the claimant from maintaining an action against the officer for the recovery of the property or its…
- § 518 If, within 60 days after saving wrecked property, no claimant of the property appears, or, if within 60 days after a claim, the salvage and expenses are not…
- § 519 Public notice of every sale of wrecked property under the provisions of this article shall be published by the officer making the sale for at least two weeks…
- § 520 Every sheriff into whose possession any wrecked property comes, shall forthwith cause to be published for at least two weeks in succession, in one or more of…
- § 521 The expense of publishing notices under the provisions of this article is a charge upon the property or proceeds to which it relates.
- § 522 (a) Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition…
- § 523 (a) A peace officer, as described in Section 663, or a lifeguard or marine safety officer employed by a county, city, or district while engaged in the…
- § 524 (a) Any peace officer, as described in Section 663, may store any vessel removed from private property when the vessel is found on, or attached to, private…
- § 525 (a) Except for the urgent and immediate concern for the safety of those aboard a vessel, a person shall not abandon a vessel upon a public waterway or public…
- § 525.5 (a) On or before January 1, 2005, the department shall submit recommendations to the Legislature on strategies to prevent recreational vessels from being…
- § 526 (a) Notwithstanding any other provision of law, any wrecked property that is an unseaworthy derelict or hulk, abandoned property as described in Section 522,…
- § 526.1 For purposes of this article, “surrendered vessel” means a recreational vessel that the verified titleholder has willingly surrendered to a willing public…
- § 527 It is the intent of the Legislature that a sum of not more than one million dollars ($1,000,000) be appropriated from the Harbors and Watercraft Revolving Fund…
ARTICLE 2. Salvage §§ 530–534 · 5 sections
- § 530 Sheriffs and all persons employed by them or aiding in the recovery and preservation of wrecked property, are entitled to a reasonable allowance as salvage for…
- § 531 Every officer to whom an order for the delivery of wrecked property or the payment of its proceeds is directed, shall present to the claimant of the property…
- § 532 If, in any case, the amount of salvage and expenses is not settled by agreement, on the application of the owner or consignee of the property, or the master or…
- § 533 The fees and expenses of the contest shall be paid by the person upon whose application it was had, and are a charge on the property saved. Each referee is…
- § 534 Any person, other than the master, mate, or a seaman of a wrecked vessel, who rescues it, or its appurtenances or cargo from danger, is entitled to a…
ARTICLE 3. Marine Debris §§ 550–552 · 3 sections
- § 550 For purposes of this article, the following terms have the following meanings: (a) A “vessel” includes every description of watercraft or other artificial…
- § 551 (a) (1) Notwithstanding any other law, marine debris that is floating, sunk, partially sunk, or beached in or on a public waterway, public beach, or on state…
- § 552 On or before January 1, 2017, the State Lands Commission shall adopt, at a public meeting and after consultation with interested state and local agencies, best…
ARTICLE 4. Offenses §§ 570–571 · 2 sections
- § 570 Any person who keeps any wrecked property, or its proceeds, after the salvage and expenses have been agreed to or adjusted, and the amount paid to him, is…
- § 571 (a) A person who takes away any goods from a stranded vessel, or any goods cast by the sea upon the land, or found in a bay or creek, or who knowingly has in…
CHAPTER 4. Service of Process §§ 600–609 · 6 sections
- § 600 As used in this chapter: (a) “Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water; and (b) “Nonresident”…
- § 605 Where the nonresident has died prior to the commencement of a suit, action or proceeding brought pursuant to this chapter service of process shall be made on…
- § 606 Proof of compliance with Section 604 shall be made in the event of service by mail by affidavit of the plaintiff or libelant or by affidavit of his attorney…
- § 607 The court in which the suit, action or proceeding is pending may order such continuances as may be necessary to afford the defendant or respondent reasonable…
- § 608 In the event of service of process pursuant to this chapter upon a nonresident outside this State, the person so served shall have 60 days from receipt of the…
- § 609 Nothing in this chapter shall be construed as affecting other methods of service of process upon nonresidents as now provided by existing laws.
CHAPTER 4.5. Marinas § 630 · 1 section
- § 630 The operator of every privately or publicly owned marina or small craft harbor, or facilities in connection therewith, furnishing electrical power to slips or…
CHAPTER 5. Operation and Equipment of Vessels §§ 650–774.4 · 158 sections
ARTICLE 1. Operation and Equipment §§ 650–674 · 54 sections
- § 650 It is the policy of this state to promote safety for persons and property in and connected with the use and equipment of vessels and to promote uniformity of…
- § 650.1 (a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this…
- § 651 As used in this chapter, the following definitions apply unless the context clearly requires a different meaning: (a) “Alcohol” means any form or derivative of…
- § 651.1 As used in this chapter, unless the context clearly requires a different meaning, “bather” or “bathing” means a person floating, swimming, wading, or…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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…
- § 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…
- § 654.3 (a) Each diesel powered vessel operating exclusively in California, engaged in the commercial transport of passengers with the capacity to transport 75…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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 purs
- § 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…
- § 668.2 The department may grant funds from the Harbors and Watercraft Revolving Fund to local public agencies, nonprofit organizations, and colleges and universities…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 1.3. Invasive Mussel Infestation Prevention Fee §§ 675–677.5 · 5 sections
- § 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…
- § 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…
- § 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…
- § 677 This article does not preempt a special district, city, county, or joint powers authority from adopting local regulations or ordinances related to the…
- § 677.5 For purposes of this article, “invasive mussel” has the same meaning as Section 2303 of the Fish and Game Code.
ARTICLE 1.4. Vessel Operators’ Education and Certification Cards §§ 678–678.15 · 7 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 1.5. Anthony Farr and Stacy Beckett Boating Safety Act of 2004 §§ 680–685 · 6 sections
- § 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.
- § 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…
- § 682 All state-sponsored boating safety courses and all boating safety courses that require state approval by the Department of Boating and Waterways shall…
- § 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…
- § 684 (a) The Department of Motor Vehicles shall insert the Department of Boating and Waterways’ informational brochure and warning stickers about the dangers of…
- § 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…
ARTICLE 2. Yacht and Ship Brokers §§ 700–740 · 46 sections
- § 700 This article shall be known and may be cited as the Yacht and Ship Brokers Act.
- § 701 Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Broker” means a person who, except as…
- § 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…
- § 702.5 Any declaration, license, or other record electronically generated or transmitted pursuant to this article shall meet the requirements of a “record” under…
- § 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…
- § 704 In accordance with the provisions of Section 82 of this code, the commission shall advise the department with respect to all matters relating to the…
- § 705 (a) The director may adopt a seal and such other device for use by the department as it may desire, which may be used to authenticate all papers and documents…
- § 706 The Attorney General shall act as the attorney for the department in all actions and proceedings pursuant to this article and shall render to the department…
- § 707 The division shall publish or cause to be published on or before July 1 of each year a directory of licensed brokers and salespersons and shall post the…
- § 708 (a) No person shall engage in the business of, act in the capacity of, advertise as, or assume to act as a broker or salesperson within this state without…
- § 709 No licensed broker or licensed salesman shall practice any fraud or deceit or make any fraudulent or grossly negligent representation with respect to any act…
- § 710 The definitions of “broker” and “salesperson,” as set forth in Section 701, do not include the following: (a) A person who directly performs any act subject to…
- § 711 No person engaged in the business or acting in the capacity of a licensed broker or salesman within this state shall bring or maintain any action in the courts…
- § 712 (a) No licensed broker shall employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is…
- § 713 Nothing contained in this article shall preclude a partnership from performing acts for which a broker’s license is required, provided every partner through…
- § 714 A licensed broker who accepts funds from others in connection with any transaction subject to this article who does not, as soon as possible, place those funds…
- § 715 Within one month after the closing of a transaction in which title to a yacht is conveyed from a seller to a purchaser through a licensed broker, the licensee…
- § 716 (a) No broker shall engage in any transaction for which a license is required under this article without first obtaining a signed written authorization to do…
- § 717 Application for a license as a broker shall be made on forms prescribed by the department and shall be signed by the applicant. The application shall be…
- § 718 Application for a license as a salesman shall be made on forms prescribed by the department and shall be signed by the applicant and by the employing broker.…
- § 719 (a) A person shall be deemed qualified to submit an application for a broker’s license if, as shown on the department’s records, the person meets all of the…
- § 720 The department may require proof as it deems advisable concerning the honesty, truthfulness, and good reputation of the applicant for a broker’s or…
- § 721 (a) In addition to any proof of honesty, truthfulness, and good reputation required of any applicant for a broker’s license, the department shall ascertain by…
- § 722 The license first issued to a broker shall be for a period of one year. Such license may be renewed for periods of two years upon filing of the required…
- § 723 The license first issued to a salesman shall be for a period of one year. Such license may be renewed for periods of two years. Applicants for renewal of such…
- § 724 (a) An application on the form prescribed by the department for the renewal of a broker or salesman license shall be filed with the department prior to the…
- § 725 Temporary licenses may be issued to salespersons under the following conditions: (a) The licenses shall be issued for a period not to exceed 60 days and only…
- § 726 (a) A person who fails to renew his license within two years after its expiration may not renew it pursuant to Section 724. Such person may apply and obtain a…
- § 727 The department may issue a certificate of convenience to the executor or administrator of the estate of a deceased broker, or if no executor or administrator…
- § 728 (a) Every license issued to a corporation entitles one officer thereof on behalf of the corporation to engage in the business of broker without the payment of…
- § 729 (a) Every license issued to a partnership entitles one partner thereof on behalf of the partnership to engage in the business of yacht broker without the…
- § 729.5 (a) Any limited liability company licensed by the department as a yacht broker on July 1, 2001, in order to continue to be licensed after that date, shall…
- § 730 (a) Before any broker’s license shall be issued or renewed by the department for any applicant, the applicant shall procure, file, and maintain with the…
- § 731 (a) A cash deposit given instead of the bond required by Section 730 shall be held by the department during the life of the license and for a period of four…
- § 732 The department may deny an application or temporarily suspend or permanently revoke the license of a broker or a salesperson at any time if the licensee, while…
- § 733 The department may deny an application or may suspend or revoke the license of a yacht broker or yacht salesperson who, within four years immediately…
- § 733.5 (a) The division shall require an applicant for a yacht and ship broker or salesperson license, as those terms are defined in Section 701, to undergo a…
- § 734 (a) The department shall not deny, suspend, or revoke a license granted under this article without a hearing, except the department may suspend a license…
- § 735 (a) Every broker shall maintain a definite place of business in this state as his principal office and may establish other branch offices throughout the state.…
- § 735.1 A licensed broker shall retain, for four years, copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed or…
- § 735.2 The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic…
- § 736 (a) The division shall adopt regulations setting forth the fees to be charged and collected under this article. The fees shall be sufficient to reimburse the…
- § 737 (a) The proceedings and hearings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of…
- § 738 (a) Each violation of a section or subdivision of a section of this article, excepting Section 709, is a misdemeanor punishable by a fine not exceeding one…
- § 739 Any person who violates any provision of this article, or any regulation adopted pursuant to this article, is liable for a penalty in an amount not less than…
- § 740 Any action taken in the enforcement of this article shall be commenced within three years of the department’s discovery of the facts constituting the grounds…
ARTICLE 2.5. Stored Vessels § 754 · 1 section
- § 754 (a) Every keeper of a storage facility shall keep a written record of every vessel subject to registration with the Department of Motor Vehicles which is…
ARTICLE 2.9. Accident Liability Protection for Vessels §§ 759–759.24 · 13 sections
- § 759 For purposes of this article, the following provisions shall apply: (a) “Company” means any company, sole proprietorship, firm, partnership, private,…
- § 759.2 The division shall require every for-hire vessel company to procure, and continue in effect so long as the for-hire vessel company continues to offer its…
- § 759.4 The division shall, after a public hearing, set the amount of liability insurance, required by Section 759.2, that is reasonably necessary to provide adequate…
- § 759.6 The protection required under Section 759.2 shall be evidenced by deposit with the division, covering each vessel used or to be used in for-hire vessel…
- § 759.8 With the consent of the division, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic…
- § 759.10 The protection against liability shall be continued in effect so long as the for-hire vessel company continues to offer its services for compensation. The…
- § 759.12 The division may establish rules as are necessary to enforce this article.
- § 759.14 Any for-hire vessel company that knowingly refuses or fails to procure protection against liability, as required by Section 759.2, is guilty of a misdemeanor.
- § 759.16 Following an administrative hearing, the division may impose a penalty of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) upon…
- § 759.18 (a) Upon filing of the evidence of liability protection pursuant to Section 759.2, the division shall provide a certificate of filing to the for-hire vessel…
- § 759.20 Upon receiving notification of impending cancellation of liability protection pertaining to a for-hire vessel company, the department shall, effective upon the…
- § 759.22 Rules and regulations adopted by the Public Utilities Commission pursuant to its prior authority over insurance of for-hire vessel companies shall remain in…
- § 759.24 This article shall become operative on July 1, 2018.
ARTICLE 3. For-Hire Vessel Operators’ Licenses §§ 760–772 · 12 sections
- § 760 As used in this article, “for-hire vessel” includes any vessel propelled by machinery carrying more than three passengers for hire, except the following: (a) A…
- § 761 No for-hire vessel, while carrying passengers for hire, shall be operated or navigated on the waters of this state except by a person who holds a valid license…
- § 762 An applicant for an operator’s license shall submit his written verified application to the department. The application shall be in such form and contain such…
- § 764 Upon application for an operator’s license, the department shall require an examination of the applicant. The department shall adopt rules and regulations…
- § 765 The examination may include a test of the applicant’s knowledge of safety rules, an actual demonstration of his ability to exercise ordinary and reasonable…
- § 766 Upon completion of the examination, the department may, with or without hearing, issue the operator’s license or issue it for the partial exercise only of the…
- § 767 An operator’s license issued by the department pursuant to the provisions of this article shall be valid for five years from the date of issuance or renewal…
- § 768 (a) The department may suspend or revoke any license issued pursuant to this article on a finding that the licensee has violated any of the provisions in this…
- § 769 The department shall be responsible for administering the licensing of operators of for-hire vessels and for enforcing the provisions of this article, and in…
- § 770 The division shall make rules and regulations to carry out the provisions of this article, including adopting a schedule to establish reasonable fees that…
- § 771 It is unlawful and constitutes a misdemeanor for any person to violate, or to fail to comply with, any provision of this article after April 1, 1964.
- § 772 The authority and power granted to the department in this article shall not be construed to conflict with or diminish in any manner the jurisdiction of the…
ARTICLE 4. Charter Boat Safety §§ 773–774.4 · 14 sections
- § 773 The Legislature finds and declares that the charter boat industry operates in the public interest by providing jobs, nutritious food, education, recreation,…
- § 773.1 This article shall be known and may be cited as the Charter Boat Safety Act of 1983.
- § 773.2 As used in this article, the following definitions shall apply: (a) “For-hire vessel” means a for-hire vessel as defined in Section 4661 of the Public…
- § 773.3 No person shall take or offer to take seven or more passengers on a charter boat unless the vessel is licensed by the United States Coast Guard.
- § 773.4 (a) No operator or charterer shall prevent any person from complying with, or direct any person to violate, any provision of this article, or direct the…
- § 773.5 The operator of a charter boat, or the operator’s employee or agent, shall require each passenger to don a life preserver under any of the following…
- § 773.6 An operator, or the operator’s employee or agent, who directs the passengers to the life preservers while announcing that the passengers are required for their…
- § 773.7 The operator, or the operator’s employee or agent, of a charter boat, prior to getting underway, shall orient each passenger concerning emergency procedures. A…
- § 773.8 (a) A charterer or operator who organizes charter boat trips shall inform each adult passenger as soon as practicable after the passenger contracts or pays for…
- § 774 (a) Every charterer and every charter boat operator shall include in all advertising for any charter trips in the coastal zone, as defined in Section 30103 of…
- § 774.1 No operator of a for-hire vessel shall leave or enter Morro Bay after being directed by the harbormaster of the harbor not to do so because of the condition of…
- § 774.2 The operation of Section 655, 773.5, 773.7, or 774.1 or subdivision (b) of Section 773.8 shall be suspended if the Coast Guard or other appropriate federal…
- § 774.3 (a) Except as provided in Section 774, violation of any provision of this article is a misdemeanor punishable by imprisonment for not more than six months in…
- § 774.4 (a) This article does not impose any mandatory duties upon any public entity to monitor sea or weather conditions or to warn or prevent vessels from leaving or…
CHAPTER 6. Vessel Sanitation §§ 775–786 · 13 sections
- § 775 (a) The Legislature hereby finds and declares all of the following: (1) Marine sanitation devices should be regulated pursuant to uniform standards and…
- § 775.5 The definitions in this section govern the construction of this chapter: (a) “Vessel terminal” means any private or public shoreside installation on any waters…
- § 776 (a) Every vessel terminal shall, as required by the regional board for the protection of the quality of the waters of this state, be equipped with vessel…
- § 777 (a) Vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices, floating restrooms, and onshore toilets shall be operated…
- § 778 The state board shall adopt standards for the location, construction, operation, and maintenance of vessel pumpout facilities.
- § 779 Every peace officer of the state and of any city, county, or other public agency, all state and local public health officers, and all boating law enforcement…
- § 780 (a) A person shall not disconnect, bypass, or operate a marine sanitation device so as to discharge sewage into the waters of this state, unless the particular…
- § 781 The Attorney General, at the request of the department, the state board, any regional board, or any aggreived person, shall petition the superior court for…
- § 782 (a) Excepting laws regulating the discharge of sewage into or upon the navigable waters of any lake, reservoir, or freshwater impoundment of this state, and…
- § 783 Nothing in this chapter precludes the regulation of houseboats, as defined in Section 13901 of the Water Code, under other provisions of law by the state…
- § 784 Nothing in this chapter is intended to affect the operation of Section 117505 of the Health and Safety Code. The state board and any regional board may also…
- § 785 Nothing in this chapter shall prevent the state board from taking any action pursuant to subdivision (f) of Section 312 of the Federal Water Pollution Control…
- § 786 (a) Any loan made pursuant to Section 71.4 or 76.3, and any lease or concession contract entered into pursuant to Section 72, shall be subject to the express…