§ 410-2.004. Definitions.

Unless the context otherwise requires, the words and phrases used in this division have the meanings given them in Chapter 5 of Division 3 (Section 650 et seq.) of the California Harbors and Navigation Code. The following words have the following meanings for purposes of this division:

(a)

"Floating home" or "floating structure" means a structure that has the following characteristics:

(1)

It is a stationary structure in, on, or above the water that is:

(A)

Permanently grounded; or

(B)

Supported by a flotation system and held in place by piling or mooring devices; or

(C)

Placed on or otherwise affixed to a foundation, dock, piling, walkway, gangway, pier, barge or other permanent structure.

(2)

It is incapable of being used for self-propelled navigation.

(3)

It is designed and built to be used, or is modified to be used, or is used, to serve purposes or provide services typically associated with a structure on or other improvement to real property. The term "floating home" or "floating structure" includes a structure that is used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, or similar facility or structure represented as such.

Incidental or limited movement of a structure upon water or resting partially or entirely on the bottom does not preclude the structure from being classified as a floating home or floating structure for purposes of this ordinance code. Registration of a structure as a vessel with the California Department of Motor Vehicles does not preclude the structure from being classified as a floating home or floating structure for purposes of this ordinance code. A houseboat or liveaboard that is permanently moored or grounded and is incapable of self-propelled navigation is a floating home for purposes of this ordinance code. Floating homes and floating structures are expressly excluded from the definition of the term "vessel" provided in this section.

(b)

"Garbage" has the meaning set forth in Health and Safety Code Section 117475.

(c)

"Houseboat" means a liveaboard that has either a pontoon or flat-bottomed hull configuration, and has a permanent enclosed superstructure with sleeping and cooking facilities.

(d)

"Liveaboard" means any vessel, supported by means of flotation and capable of being used for self-propelled navigation, that is used or designed to be used or fitted out to be used for human habitation.

(e)

"Moor" means to make fast, tie up or otherwise secure a vessel other than by anchoring. "Moor" includes to attach to a dock, pilings, walkway, gangway, pier, or other structure, or to tie up to any natural object or feature.

(f)

"Sewage" has the meaning set forth in Harbors and Navigation Code Section 775.5(d).

(g)

"Shore" means that part of the land in immediate contact with a waterway, including the area between high-tide and low-tide marks or between high-water and low-water marks.

(h)

"To anchor" means to secure a vessel within a waterway by dropping an anchor, anchors or other ground tackle to the bottom of the waterway.

(i)

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, except: a seaplane on the water; or, a watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. A "vessel" includes a barge, a dredge, a towboat and its tow, a houseboat and a liveaboard.

(j)

"Waterway" means any water, lake, river, creek, canal, lagoon, bay, inlet, slough, channel, or tributary situated within the county, or any water area situated within the county providing access for vessels from one place to another.

(Ord. 2005-02 § 3).