SAN DIEGO UNIFIED PORT DISTRICT CODE Published Pursuant

SAN DIEGO UNIFIED PORT DISTRICT CODE

Published Pursuant to

San Diego Unified Port District Ordinance

BOARD

PORT COMMISSIONERS

(Current as of 05/03/2024)

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

1 of 10

SECTION NO. 0.01 – SHORT TITLE ........................................................................................... 1

SECTION NO. 0.02 – CONSTRUCTION ...................................................................................... 2

SECTION NO. 0.03 – DEFINITIONS AND INTERPRETATION ....................................................... 3

SECTION NO. 0.04 – EFFECTS OF HEADINGS ............................................................................ 5

SECTION NO. 0.05 – DELEGATION OF AUTHORITY .................................................................. 6

SECTION NO. 0.06 – REFERENCES TO ACTS OR OMISSIONS WITHIN THE SAN DIEGO UNIFIED

PORT DISTRICT ...................................................................................................................... 7

SECTION NO. 0.07 – POLICE AUTHORITY ................................................................................ 8

SECTION NO. 0.08 – EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS PREVIOUSLY

ACCRUED .............................................................................................................................. 9

SECTION NO. 0.09 – SERVICE AND PROOF NOTICES .............................................................. 10

SECTION NO. 0.10 – VALIDITY OF CODE ................................................................................ 11

SECTION NO. 0.11 – GENERAL PENALTY ............................................................................... 12

SECTION NO. 0.12 – ACTS INCLUDE CAUSING, AIDING AND ABETTING .................................. 27

SECTION NO. 0.13 – PERMIT VIOLATIONS............................................................................. 28

SECTION NO. 0.14 – CODE OF ETHICS ................................................................................... 29

SECTION NO. 0.15 – HOLIDAYS ............................................................................................. 45

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

2 of 10

SECTION NO. 2.00 – ESTABLISHMENT OF COST RECOVERY USER FEE SCHEDULE FOR DISTRICT

SERVICES ............................................................................................................................. 59

SECTION NO. 2.01 – COST RECOVERY USER FEE SCHEDULE FOR DISTRICT SERVICES .............. 60

SECTION NO. 3.00 - TENANT PROJECT REVIEW - GENERAL PROVISIONS ................................ 66

SECTION NO. 3.01 - TENANT PROJECT REVIEW - INITIAL SERVICE REQUEST ........................... 68

SECTION NO.3.02 - TENANT PROJECT REVIEW - PRELIMINARY PROJECT REVIEW .................. 71

SECTION NO. 3.03 - TENANT PROJECT REVIEW - PROPOSED PROJECT APPLICATION .............. 73

SECTION NO. 3.04 - TENANT PROJECT REVIEW - PROPOSED PROJECT DECISION ................... 76

SECTION NO. 3.05 - TENANT PROJECT REVIEW - APPROVED PROJECT CONSTRUCTION ......... 79

SECTION NO. 3.06 - TENANT PROJECT REVIEW - MONITORING AND INSPECTIONS ................ 80

SECTION NO. 3.07 - TENANT PROJECT REVIEW - VIOLATIONS AND ENFORCEMENT ............... 82

SECTION NO. 3.08 - TENANT PROJECT REVIEW - DEFINITIONS .............................................. 84

SECTION NO. 4.01- REGULATION OF VESSELS – DISABLED, GROUNDED AND BEACHED ......... 88

SECTION NO. 4.02 – REGULATION OF VESSELS – BERTHING AND MOORING ......................... 91

SECTION NO. 4.03 – REGULATION OF VESSELS – INSPECTION OF VESSEL, CARGO OR CREW .. 92

SECTION NO. 4.04 – REGULATION OF VESSELS – SPEED REGULATIONS ................................. 93

SAN DIEGO UNIFIED PORT DISTRICT

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SECTION NO. 4.05 – REGULATION OF VESSELS – USE OF WHARF FACILITIES TO BREAK, WARP

OR TURN VESSEL PROHIBITED .............................................................................................. 94

SECTION NO. 4.06 – REGULATION OF VESSELS – MOORING TO AIDS TO NAVIGATION .......... 95

SECTION NO. 4.07 – REGULATION OF VESSELS – MOORING RESTRICTIONS ........................... 96

SECTION NO. 4.08 – REGULATION OF VESSELS – ANCHORAGES ............................................ 97

SECTION NO. 4.09 – REGULATION OF VESSELS – TUNA HARBOR BASIN ............................... 116

SECTION NO. 4.10 – TERMINAL OPERATOR DEFINED .......................................................... 134

SECTION NO. 4.13 – TERMINAL OPERATOR AGREEMENTS REQUIRED ................................. 135

SECTION NO. 4.14 – REGULATION OF IN-WATER HULL CLEANING ....................................... 136

SECTION NO. 4.30 – SOUTH SAN DIEGO BAY ANCHORING, MOORING AND AQUATIC

ACTIVITIES REGULATED ..................................................................................................... 142

SECTION NO. 4.35 – CENTRAL SAN DIEGO BAY ANCHORING, MOORING AND AQUATIC

ACTIVITIES REGULATED ..................................................................................................... 146

SECTION NO. 4.36 – REGULATION OF VESSELS – A-8 ANCHORAGE ...................................... 150

SECTION NO. 4.37 – REGULATION OF CHARTER VESSEL OPERATIONS IN SAN DIEGO BAY AND

DISTRICT TIDELANDS ......................................................................................................... 153

SECTION NO. 4.38 – REGULATION OF VESSELS – A-1 ANCHORAGE, A-5 ANCHORAGE AND A-9

ANCHORAGE ..................................................................................................................... 175

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

4 of 10

SECTION NO. 4.40 – NORTH SAN DIEGO BAY ANCHORING, MOORING AND AQUATIC

ACTIVITIES REGULATED ..................................................................................................... 192

SECTION NO. 8.01- DIVING WITHIN SAN DIEGO BAY REGULATED ....................................... 196

SECTION NO. 8.02- PARK AREAS REGULATED ..................................................................... 199

SECTION NO. 8.03

–

EMERGENCY PARK CLOSURE ............................................................. 213

SECTION NO. 8.04

–

PROHIBITING THE CULTIVATION OF MARIJUANA ON DISTRICT

TIDELANDS ........................................................................................................................ 214

SECTION NO. 8.05

–

VENDING AND PERFORMING REGULATED ......................................... 216

SECTION NO. 8.06

–

ALCOHOL REGULATED ON TIDELANDS ............................................... 290

SECTION NO. 8.07

–

REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON

DISTRICT TIDELANDS ......................................................................................................... 292

SECTION NO. 8.08

–

SMOKING PROHIBITED AT PARKS AND BEACHES ............................... 311

SECTION NO. 8.09

- OVERSIZED VEHICLE PARKING ON TIDELANDS

................. 314

SECTION NO. 8.10 – PARKING METER RATES AND PAY STATION RATES .............................. 319

SECTION NO. 8.11 – VEHICLE PARKING REGULATED ........................................................... 321

SECTION NO. 8.12 – OVERTIME PARKING PROHIBITED ....................................................... 323

SECTION NO. 8.13 – PARKING IN EXCESS OF POSTED TIME PROHIBITED ............................. 324

SECTION NO. 8.14 – PARKING METERS – TIME OF OPERATION ........................................... 325

SAN DIEGO UNIFIED PORT DISTRICT

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SECTION NO. 8.15 – PARKING REGULATIONS – ENFORCEMENT .......................................... 326

SECTION NO. 8.16 – PARKING RESTRICTIONS ..................................................................... 333

SECTION NO. 8.17 – IMPOUNDING OF ILLEGALLY PARKED VEHICLES .................................. 336

SECTION NO. 8.18 CAMPING AND STORAGE OF ERSONAL PROPERTY ON TIDELANDS ......... 337

SECTION NO. 8.19 – SPEED REGULATIONS – MOTOR VEHICLES ........................................... 339

SECTION NO. 8.20 – OFFICERS AUTHORIZED TO REMOVE VEHICLES FROM A STREET OR

HIGHWAY .......................................................................................................................... 340

SECTION NO. 8.21 – PARKING RATES AT TIDELANDS PUBLIC PARKING LOTS AND GARAGES 342

SECTION NO. 8.22 – ADVERTISING OR DISPLAYING BOATS FOR SALE REGULATED .............. 345

SECTION NO. 8.23 – SOUNDING OF SIRENS PROHIBITED .................................................... 346

SECTION NO. 8.24 – ABANDONING WATERCRAFT PROHIBITED .......................................... 347

SECTION NO. 8.25 – AUTHORITY TO REMOVE WATERCRAFT .............................................. 348

SECTION NO. 8.26 – ASSEMBLIES REGULATED .................................................................... 352

SECTION NO. 8.27 – AQUATIC ACTIVITIES REGULATED ....................................................... 353

SECTION NO. 8.28 – REGULATION OF PARA-SAILING, HANG GLIDERS AND SIMILAR DEVICES

......................................................................................................................................... 355

SECTION NO. 8.29 – VEHICLE IMPOUND COST RECOVERY PROGRAM FEE ........................... 356

SAN DIEGO UNIFIED PORT DISTRICT

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SECTION NO. 8.30 – REGULATING ALL SIGNAGE ON ALL NAVIGABLE WATERS, TIDELANDS AND

SUBMERGED LANDS GRANTED TO THE DISTRICT ................................................................ 366

SECTION NO. 8.31 – AUTHORITY OVER LOCAL LAWS .......................................................... 368

SECTION NO. 8.32 – REGULATING BUILDING WRAP SIGNAGE ............................................. 369

SECTION NO. 8.50 – RUBBISH & WASTE DISPOSAL, REGULATED ......................................... 378

SECTION NO. 8.60 – RADIOACTIVE SUBSTANCES – PERMIT REQUIRED – CONDITIONS ......... 380

SECTION NO. 8.61 – RADIOACTIVE SUBSTANCES – PERMIT – AUTHORITY OF EXECUTIVE

DIRECTOR .......................................................................................................................... 383

SECTION NO. 8.62 – RADIOACTIVE SUBSTANCES – PERMIT – APPLICATION ........................ 384

SECTION NO. 8.63 – RADIOACTIVE SUBSTANCES – PERMIT FEE ........................................... 385

SECTION NO. 8.64 – RADIOACTIVE SUBSTANCES – COMPLIANCE WITH THE LAW ................ 386

SECTION NO. 8.65 – RADIOACTIVE SUBSTANCES – HANDLING – PERSONNEL RECORD ........ 387

SECTION NO. 8.66 – RADIOACTIVE SUBSTANCES – PROTECTION OF PERSONNEL................. 388

SECTION NO. 8.67 – RADIOACTIVE SUBSTANCES – CONTINUED MOVEMENT ...................... 389

SECTION NO. 8.68 – RADIOACTIVE SUBSTANCES – CLEANING PORT FACILITIES ................... 390

SECTION NO. 8.69 – RADIOACTIVE SUBSTANCES – REPORT OF BREAKAGE OR LOSS ............ 391

SECTION NO. 8.70 – RADIOACTIVE SUBSTANCES – QUANTITIES LIMITED ............................ 392

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

7 of 10

SECTION NO. 8.71 – RADIOACTIVE SUBSTANCES – LABEL REQUIRED................................... 393

SECTION NO. 8.72 – RADIOACTIVE SUBSTANCES – EXEMPTIONS ........................................ 394

SECTION NO. 9.01 – DEFINITIONS ...................................................................................... 395

SECTION NO. 9.02 – GROUNDS FOR DEBARMENT, PUBLIC WORKS CONTRACTS .................. 398

SECTION NO. 9.03 – DEBARMENT PROCEDURE ................................................................... 401

SECTION NO. 9.04 – DEBARMENT PROCEDURES FOR MATERIALS, SUPPLIES, EQUIPMENT,

INSURANCE OR PERSONAL SERVICE CONTRACTS ................................................................ 403

SECTION NO. 9.05 – GENERAL ............................................................................................ 404

SECTION NO. 9.06 – LIST OF DEBARRED CONTRACTORS ..................................................... 906

SECTION NO. 9.07 – EFFECT OF LISTING .............................................................................. 907

SECTION NO. 9.08 – CONTINUATION OF EXISTING CONTRACTS .......................................... 908

SECTION NO. 9.09 – SCOPE OF DEBARMENT....................................................................... 408

SECTION NO. 10.01 – TITLE, PURPOSE AND INTENT ............................................................ 409

SECTION NO. 10.02 – DEFINITIONS ..................................................................................... 412

SECTION NO. 10.03 – GENERAL PROVISIONS ...................................................................... 429

SECTION NO. 10.04 – CONDITIONALLY ALLOWED NON-STORMWATER DISCHARGES .......... 432

SECTION NO. 10.05 – PROHIBITIONS .................................................................................. 437

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

8 of 10

SECTION NO. 10.06 – BEST MANAGEMENT PRACTICE REQUIREMENTS ............................... 440

SECTION NO. 10.07 – INSPECTION AND MAINTENANCE OF STORMWATER CONVEYANCE

LATERALS, SEWER LATERALS AND ON-SITE WASTE WATER SYSTEMS .................................. 446

SECTION NO. 10.08 – MONITORING AND REPORTING REQUIREMENTS ............................... 447

SECTION NO. 10.09 – DEVELOPMENT AND REDEVELOPMENT PROJECTS ............................. 450

SECTION NO. 10.10 – OTHER ACTS AND OMISSIONS THAT ARE VIOLATIONS ....................... 454

SECTION NO. 10.11 – INSPECTIONS .................................................................................... 456

SECTION NO. 10.12 – ENFORCEMENT ................................................................................. 457

SECTION NO. 11.01 – FINDINGS AND PURPOSE ................................................................. 463

SECTION NO. 11.02 – DEFINITIONS ..................................................................................... 470

SECTION NO. 11.03 – GENERAL PROHIBITIONS ................................................................... 475

SECTION NO. 11.03.5 – PERMIT ISSUANCE, DENIAL, AND APPEAL ....................................... 476

SECTION NO. 11.04 – PERMIT APPLICATION ....................................................................... 478

SECTION NO. 11.05 – LOCATION RESTRICTIONS ON NEWSRACKS ....................................... 480

SECTION NO. 11.06 – NEWSRACK CLUSTERS ....................................................................... 483

SECTION NO. 11.07 – STANDARDS FOR MAINTENANCE AND PLACEMENT .......................... 484

SECTION NO. 11.07.5 – STANDARDS FOR REMOVAL OF NEWSRACKS .................................. 487

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

9 of 10

SECTION NO. 11.08 – ADDITIONAL STANDARDS FOR THE NORTH EMBARCADERO AREA ..... 488

SECTION NO. 11.08.5 – LOCATION OF NEWSRACKS IN CLASS AREAS I-IV ............................. 491

SECTION NO. 11.09 – INDEMNIFICATION REQUIREMENT .................................................... 492

SECTION NO. 11.10 – INSURANCE REQUIREMENTS ............................................................. 493

SECTION NO. 11.11 – DAMAGE TO DISTRICT PROPERTY ..................................................... 495

SECTION NO. 11.12 – NONCONFORMING NEWSRACKS ....................................................... 496

SECTION NO. 11.13 – ENFORCEMENT; VIOLATIONS; HEARINGS .......................................... 497

SECTION NO. 11.14 – ABANDONMENT ............................................................................... 501

SECTION NO. 11.15 – PERMIT FEES ..................................................................................... 502

SECTION NO. 11.17 – SEVERABILITY ................................................................................... 503

SECTION NO. 12.01 – TITLE PURPOSE AND INTENT ............................................................. 504

SECTION NO. 12.02 - DEFINITIONS ..................................................................................... 505

SECTION NO. 12.03 – REQUIRED REPORTING OF UTILITY USAGE DATA ............................... 507

SECTION NO. 12.04 – INDEPENDENT THIRD PARTY AUDITS ................................................ 509

SECTION NO. 12.05 – IMPLEMENTATION ........................................................................... 511

SECTION NO. 12.06 – NOTICE AND CURE PERIOD AND ADMINISTRATIVE PENALTIES .......... 512

SECTION NO. 12.07 – MISCELLANEOUS .............................................................................. 513

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

10 of 10

SECTION NO. 14.01 – TITLE ................................................................................................ 514

SECTION NO. 14.02 – PURPOSE .......................................................................................... 515

SECTION NO. 14.03 – DEFINITIONS ..................................................................................... 516

SECTION NO. 14.04 – PROHIBITIONS .................................................................................. 521

SECTION NO. 14.05 – PERMITS – APPLICATION .................................................................. 522

SECTION NO. 14.06 – PERMITS – PUBLIC NOTICE ................................................................ 525

SECTION NO. 14.07 – PERMITS – CONDITIONS OF APPROVAL ............................................. 526

SECTION NO. 14.08 – GENERAL PROVISIONS ...................................................................... 543

SECTION NO. 14.09 - ENFORCEMENT …………………………………………………………………………………544

SECTION NO. 15.01 – TITLE ....................................................................................................... 545

SECTION NO. 15.02 - Purpose……………………………………………………………………………………………….546

SECTION NO. 15.03 - DEFINITIONS ……………………………………………………………………………….……548

SECTION NO. 15.04 - APPLICATION PROCEDURES………………………………………………………………554

SECTION NO.15.05 - DESIGN STANDARDS …………………………………………………………………………560

SECTION NO .15.06 - GENERAL REQUIREMENTS ………………………………………………………………..574

SECTION NO. 15.07 - LEGAL NON-CONFORMING WCF ……………………………………………………….575

SECTION NO. 15.08 - REMOVAL …………………………………………………………………………………………576

SECTION NO. 15.09 - DENIAL ……………………………………………………………………………………………..577

CHANGES IN PORT CODES 1998 - 2024

SAN DIEGO UNIFIED PORT DISTRICT

CODE INDEX

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CODE CHECK LISTError! Bookmark not defined.

SAN DIEGO UNIFIED PORT DISTRICT

Published Pursuant to San Diego Unified Port District Ordinance 19

BOARD OF PORT COMMISSIONERS

San Diego Unified Port District Code

0.0 ADMINISTRATION AND GOVERNMENT

1.0 FINANCE AND ACCOUNTING*

2.0 COST RECOVERY

3.0 TENANT PROJECT REVIEW

4.0 MARINE OPERATIONS

5.0 AIRPORT OPERATIONS*

6.0 GENERAL OPERATIONS*

7.0 ENGINEERING*

8.0 POLICE MEASURES

9.0 DEBARMENT

10.0 STORMWATER CONTROL

11.0 NEWSRACKS

12.0 REQUIRED REPORTING ON TIDELANDS

14.0 FIREWORKS DISPLAY

15.0 WIRELESS COMMUNICATION FACILITIES

*No Code Sections currently active for this category.

SAN DIEGO UNIFIED PORT DISTRICT

Sections 55 and 56 of the San Diego Unified Port District Act (Stats. 1962, 1st Ex.

Sess., c.67, as amended by Stats. 1963, c.673) require the Board of Port Commissioners

to make and enforce necessary rules and regulations governing the use and control of all

navigable waters, tidelands and submerged lands within the district and to make and

enforce certain local police and sanitary regulations relating to the District.

The Board, by adoption of Ordinance No. 19, established a system for the

codification of District ordinances.

As an aid to those persons and agencies having an interest in the ordinances of

the District, this Code has been prepared. This Code will be supplemented as new

ordinances are adopted or as existing provisions are amended.

San Diego Unified Port District – Port Code

Section No. 0.01

Article 0 – Administration & Government - Short Title Section 0.01 – Page 1 of 1

ARTICLE 0

ADMINISTRATION & GOVERNMENT

SECTION NO. 0.01 – SHORT TITLE

This code which consists of administrative, regulatory, and revenue ordinances of

the SAN DIEGO UNIFIED PORT DISTRICT, shall be known as the “San Diego Unified

Port District Code,” and it shall be sufficient to refer to said Code as the “Port District

Code” in any legal proceeding pursuant to any of its provisions; it shall also be sufficient

to designate any ordinance adding to, amending or repealing said Code as an addition or

amendment to or a repeal of the “Port District Code.” This Code is adopted pursuant to

the requirements of the SAN DIEGO UNIFIED PORT DISTRICT ACT (Stats. 62, 1st Ex.

Sess., c.67, Harbor & Navigation Code Appendix 1).

(Enacted March 14, 1963 – Ordinance No. 19)

San Diego Unified Port District – Port Code

Section No. 0.02

Article 0 – Construction Section 0.02 – Page 1 of 1

SECTION NO. 0.02 – CONSTRUCTION

The provisions of this Code and all proceedings under it are to be construed with

a view to effect its objects and to promote justice.

(Enacted March 14, 1963 – Ordinance No. 19)

San Diego Unified Port District – Port Code

Section No. 0.03

Article 0 – Definitions and Interpretation Section 0.03 – Page 1 of 2

SECTION NO. 0.03 – DEFINITIONS AND INTERPRETATION

The following words and phrases whenever used in this Code shall be construed

as defined in this Section unless a different meaning is specifically defined, or unless the

context otherwise requires:

"District" or "Port District" shall mean the San Diego Unified Port District.

"Board" or "Board of Port Commissioners" shall mean the Board of Port

Commissioners of the San Diego Unified Port District.

"Executive Director" shall mean the Executive Director of the San Diego Unified

Port District.

"County" shall mean the County of San Diego.

"Oath" includes affirmation.

"Office”. The use of the tide of any officer, employee or any office, or ordinance

shall mean such officer, employee, office or ordinance of the San Diego Unified Port

District, unless otherwise specifically designated.

"Shall" and "May.” "Shall" is mandatory; "May" is permissive.

"Written" shall include printed, typewritten, mimeographed or multi-graphed or

computer generated.

"Genders”. Any gender includes the other gender.

"Singular" and "Plural”. The singular number includes the plural, and the plural the

singular.

San Diego Unified Port District – Port Code

Section No. 0.03

Article 0 – Definitions and Interpretation Section 0.03 – Page 2 of 2

"Tenses”. Words used in the present tense include the past and future tense and

vice versa.

"Use of Words and Phrases”. Words and phrases used in this ordinance and not

specifically defined shall be construed according to the context and approved usage of

the language.

"Person" shall mean natural person, joint venture, joint stock company,

partnership, association, club, company, corporation, business trust, organization, or the

manager, lessee, agent, servant, officer, or employee of any of them.

(Enacted March 14, 1963 – Ordinance No. 19)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 0.04

Article 0 – Effects of Heading Section 0.04 – Page 1 of 1

SECTION NO. 0.04 – EFFECTS OF HEADINGS

Headings contained herein shall not be deemed to govern, limit, modify or in any

manner affect the scope, meaning or intent of the provisions of any chapter, article,

division, or section hereof.

(Enacted March 14, 1963 – Ordinance No. 19)

San Diego Unified Port District – Port Code

Section No. 0.05

Article 0 – Delegation of Authority Section 0.05 – Page 1 of 1

SECTION NO. 0.05 – DELEGATION OF AUTHORITY

Whenever a power is granted to, or a duty is imposed upon the Executive Director

by the provisions of this Code, such power or duty may be exercised or performed by an

assistant or such person as the Executive Director may designate.

(Enacted March 14, 1963 – Ordinance No. 19)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 0.06

Article 0 – References to Acts or Omissions Within the San Diego Unified Port District

Section 0.06 Page 1 of 1

SECTION NO. 0.06 – REFERENCES TO ACTS OR OMISSIONS WITHIN THE SAN

DIEGO UNIFIED PORT DISTRICT

This code shall refer only to the omission or commission of acts within the territorial

limits of the San Diego Unified Port District upon Tidelands adjacent to the Bay of San

Diego, the waters of San Diego Bay, and waterways connecting thereto, and upon land

over which the Board of Port Commissioners has jurisdiction or control by virtue of any

law, or by reason of ownership or control of property.

(Enacted March 14, 1963 – Ordinance No. 19)

San Diego Unified Port District – Port Code

Section No. 0.07

Article 0 – Police Authority Section 0.07 – Page 1 of 1

SECTION NO. 0.07 – POLICE AUTHORITY

Nothing in this Code shall be construed to limit the jurisdiction of the Police

Departments of the Cities within the territorial limits of the “District.”

The authority of the Harbor Police, as provided in the San Diego Unified Port

District Act (Stats. 1962, 1st Ex. Sess., c.67, Harbors and Navigation Code Appendix I)

shall be exercised in cooperation with the Chiefs of Police of all cities within the "District"

and in cooperation with Federal, State and County law enforcement agencies.

(Enacted March 14, 1963 – Ordinance No.19)

San Diego Unified Port District – Port Code

Section No. 0.08

Article 0 – Effect of Code on Past Actions and Obligations Previously

Accrued Section 0.08 – Page 1 of 1

SECTION NO. 0.08 – EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS

PREVIOUSLY ACCRUED

Neither the adoption of this Code nor the repeal of any ordinance of any city or

area within the territorial limits of the San Diego Unified Port District shall in any manner

affect the prosecution for violation of ordinances, which violations were committed prior

to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at

said effective date due and unpaid under such ordinance, and all rights and obligations

thereunder appertaining shall continue in full force and effect.

(Enacted March 14, 1963 – Ordinance No.19)

San Diego Unified Port District – Port Code

Section No. 0.09

Article 0 – Service and Proof Notices Section 0.09 – Page 1 of 1

SECTION NO. 0.09 – SERVICE AND PROOF NOTICES

Whenever a notice is required to be given under this Code, unless different

provisions herein are otherwise specifically made, such notice may be given either by

personal delivery thereof to the person to be notified or by deposit in the United States

Mail in a sealed envelope, postage prepaid, addressed to such person to be notified at

his last known business or residence address as the name appears in the public records

or other records pertaining to the matter to which such notice is directed. Service by mail

shall be deemed to have been completed at the time of deposit in the post office.

Proof of giving any notice may be made by the certificate of any officer or employee

of the San Diego Unified Port District or by affidavit of any person over the age of eighteen

years, which shows service in conformity with this Code or other provisions of law

applicable to the subject matter concerned.

(Enacted March 14, 1963 – Ordinance No. 19)

San Diego Unified Port District – Port Code

Section No. 0.10

Article 0 – Validity of Code Section 0.10 – Page 1 of 1

SECTION NO. 0.10 – VALIDITY OF CODE

If any section, subsection, sentence clause, phrase or portion of this Code is for

any reason held to be invalid or unconstitutional by the decision of any court of competent

jurisdiction, such decision shall not affect the validity of the remaining portions of this

Code. The Board of Port Commissioners of the San Diego Unified Port District hereby

declares that it would have adopted this Code and each section, subsection, sentence,

clause, phrase, or portion thereof irrespective of the fact that any one or more sections,

subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Enacted March 14, 1963 – Ordinance No. 19)

San Diego Unified Port District – Port Code

Section No. 0.11

Article 0 – General Penalty Section 0.11 – Page 1 of 15

SECTION NO. 0.11 – GENERAL PENALTY

(a) General Penalty. Unless otherwise stated in the San Diego Unified Port

District Code, any person violating any of the provisions or failing to comply

with any of the mandatory requirements of the District Code shall be guilty

of a misdemeanor, unless, at the sole option of the District, the violation is

cited and prosecuted as an infraction or addressed through the assessment

of civil penalties as provided in Subsection (i), below.

(b) Infraction. An infraction is punishable by:

1. A fine not exceeding One Hundred Dollars ($100.00) for a first

violation, Two Hundred Dollars ($200.00) for a second violation

within One (1) year, and Five Hundred Dollars ($500.00) for each

subsequent violation within One (1) year.

2. An infraction is not punishable by imprisonment. A person charged

with an infraction shall not be entitled to a trial by jury. A person

charged with an infraction shall not be entitled to have the public

defender or other counsel appointed at public expense to represent

him or her unless he or she is arrested and not released on his or

her written promise to appear, on his or her own recognizance, or

upon a deposit of bail.

San Diego Unified Port District – Port Code

Section No. 0.11

Article 0 – General Penalty Section No. 0.11 – Page 2 of 15

County Jail not exceeding One (1) year, or by a fine not exceeding One

Thousand Dollars ($1,000.00), or by both.

(d) Violations May Be Prosecuted as an Infraction. A violation of any District

Code section may, at the discretion of the prosecutor, if the violation is

initially charged as a misdemeanor rather than an infraction, be prosecuted

as an infraction, subject to the procedures described in Subsection (b)2,

above, and Subsection (e), below, when:

1. The prosecutor files a complaint charging the offense as an infraction

unless the Defendant, at the time he or she is arraigned, after being

informed of his or her rights, elects to have the case proceed as a

misdemeanor; or

2. The Court, with the consent of the Defendant, determines that the

offense is an infraction in which event the case shall proceed as if

the Defendant had been arraigned on an infraction complaint.

(e) Provisions of Law Applicable to Infractions. Except as otherwise provided

by law, all provisions of law related to misdemeanors shall apply to

infractions, including but not limited to powers of peace officers, jurisdiction

of Courts, period for commencing action, for bringing a case to trial, and

burden of proof.

San Diego Unified Port District – Port Code

Section No. 0.11

Article 0 – General Penalty Section No. 0.11 – Page 3 of 15

(f) Violations Deemed a Public Nuisance. In addition to the foregoing, any

violation of the provisions of the District Code is deemed to be a public

nuisance. Such violations may be abated by civil action or pursuant to

applicable administrative abatement procedures.

(g) Separate Offense. Each and every day during a portion of which a violation

of any provision of the District Code or any applicable statute, rule, code or

regulation enforceable by the District is committed, continued or maintained

is a separate and distinct violation.

(h) Penalties Not Exclusive. Payment of a fine or administrative penalty shall

not excuse payment of any fee or any corrective or other action required by

the District Code or any applicable statute, rule, code or regulation

enforceable by the District.

(i) Civil Penalties.

1. Applicability.

a) Any person violating any provisions of the District Code or any

applicable statute, rule, code or regulation enforceable by the

District may be subject to the assessment of civil penalties

pursuant to the Administrative Citation procedures provided in

this Subsection 0.11(i).

b) The administrative assessment of civil penalties established

in this Subsection 0.11(i) may be imposed in addition to any

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other administrative or judicial remedy established by law

which may be pursued to address violations of the District

Code or any applicable statute, rule, code or regulation

enforceable by the District.

2. Definitions.

For purposes of this Subsection 0.11(i):

a) “Administrative Citation” – a document used in abatement and

civil penalties actions, which provides notice of District Code

violations or violations of any applicable statute, rule, code or

regulation enforceable by the District, and orders a

Responsible Person to pay civil penalties and costs and/or

take certain steps to correct the violations.

b) “Responsible Person” – a person who the Executive Director

determines is responsible for causing or maintaining a public

nuisance or a violation of the District Code or any applicable

statute, rule, code or regulation enforceable by the District.

Responsible Person includes but is not limited to an

individual, corporation, partnership, property owner, tenant,

person with a legal interest in real property or person in

possession, custody or control of real property.

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c) “Hearing Officer” – an impartial person, designated by the

Executive Director to preside over an administrative hearing

provided for in this Subsection 0.11(i).

d) “Enforcement Order” – an order issued by a Hearing Officer

after a hearing requiring a Responsible Person to correct

violations, abate a public nuisance, pay civil penalties and

administrative costs, or take any other action as authorized or

required by this Code or any applicable statute, rule, code or

regulation enforceable by the District.

3. Amount of Civil Penalties.

a) The maximum civil penalty shall be Five Thousand Dollars

($5,000.00) per violation. The maximum amount of civil

penalties shall not exceed One Hundred Thousand Dollars

($100,000.00) for any related series of violations, excluding

any late payment charges or other costs.

b) A late payment charge shall be paid to the District in the

amount of Fifty Per Cent (50%) of the penalty owed if the

penalty has not been paid in total on the date it is due.

4. Administrative Citation Procedures.

a) Issuance of Administrative Citation. Whenever the Executive

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Director determines that a violation of one or more provisions

of the District Code or any applicable statute, rule, code or

regulation enforceable by the District has occurred or

continues to exist, a written Administrative Citation may be

issued to the Responsible Person, imposing civil penalties.

More than one Administrative Citation may be issued against

the same Responsible Person if it encompasses either

different dates or different violations.

b) Contents of Administrative Citation. Each Administrative

Citation shall contain the following information:

(1) The date of the violation(s);

(2) The address or a definite description of the location

where the violation(s) occurred;

(3) The Code Section(s) violated and a description of the

violation(s);

(4) A description of how the violation(s) can be corrected

and the time frame for completion of any remedial

action(s);

(5) The total or daily amount of civil penalties determined

pursuant to the criteria in Subsection 0.11(i)5.c.;

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(6) Identification of the factors used by the Executive

Director in determining the duration and the amount of

civil penalties;

(7) A date when the civil penalties began to accrue and a

date when assessment of civil penalties ended, unless

the violation is continuous. In the case of a continuous

violation, there shall be an ongoing assessment of

penalties at the daily rate established in the

Administrative Citation until the violation is corrected;

(8) An order prohibiting the continuation or repeated

occurrence of the violation(s);

(9) Any other potential consequences should the

Responsible Person fail to comply with the terms and

deadlines as prescribed in the Administrative Citation;

(10) A description of the fine payment process, including a

description of the time within which and the place

where the fine shall be paid; and

(11) A description of the Administrative Citation appeal and

hearing process, including the time within which an

appeal may be filed.

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c) Form of Administrative Citation. An Administrative Citation

may be in letter form, or any other form, and under any title

that adequately conveys the information set forth in

Subsection 0.11(i)4.b.

d) Service of Administrative Citation. The Administrative Citation

shall be served upon the Responsible Person by certified or

registered mail or by personal service. Service of an

Administrative Citation by personal service shall be deemed

complete at the time of such personal service. Service of an

Administrative Citation by certified or registered mail shall be

deemed complete on the date the Citation is placed in the

mail. The failure of any Responsible Person to receive a copy

of the Administrative Citation shall not affect the validity of any

proceedings or actions taken under this Subsection 0.11 (i).

5. Determination of Civil Penalties.

a) In determining the date when civil penalties start to accrue,

the Executive Director may consider the date when the District

first discovered the violation.

b) The assessment of civil penalties shall end when all action

required by the Administrative Citation has been completed.

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c) In determining the total or daily amount of the civil penalty to

be assessed, the Executive Director may consider some or all

of the following factors:

(1) The duration of the violation(s); violation(s);

(2) The frequency or recurrence of the violation(s);

(3) The seriousness of the violation(s);

(4) The history of the violation(s);

(5) The Responsible Person’s conduct after issuance of

the Administrative Citation;

(6) The good faith effort by the Responsible Person to

comply;

(7) The economic impact of the penalty on the

Responsible Person;

(8) The impact of the violation(s) upon the community;

(9) Any other factors that justice may require;

d) The Executive Director has the authority to establish a penalty

schedule as a guideline in determining the amount of civil

penalties in appropriate cases. The Executive Director may

also establish procedures for the use of this penalty schedule.

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6. Administrative Costs.

The Executive Director or Hearing Officer is authorized to assess any

reasonable administrative costs incurred in connection with the

issuance of the Administrative Citation, including but not limited to

scheduling and processing of the hearing and all subsequent

actions.

7. Attorney Fees.

In any action, administrative proceeding or special proceeding to

abate a nuisance, the prevailing party may recover attorney fees if,

at the initiation of the action or proceeding, the District elects to seek

recovery of its own attorneys’ fees. In no event shall the award of

attorney fees to the prevailing party exceed the amount of

reasonable attorney fees incurred by the District in the action or

proceeding.

8. Payment of Civil Penalties.

Payment of the Administrative Citation and any other costs shall be

made to the department of the District that issued the Citation or as

otherwise directed in the Administrative Citation. Payment is due

within ten (10) calendar days after the Administrative Citation

becomes final, either by failure to timely or properly file an appeal

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or after a Hearing Officer issues an Administrative Enforcement

Order.

9. Appeal of Administrative Citation.

a) Content of Appeal. Any recipient of an Administrative Citation

may contest whether the Responsible Person has caused or

maintained the violation(s) specified in the Administrative

Citation and whether the amount of civil penalties and costs

assessed by the Executive Director was reasonable. Any

appeal shall be in writing and filed with the Executive Director.

The written appeal shall state that a hearing is requested and

shall contain all reasons why the Responsible Person

contests the Administrative Citation.

b) Time Within Which to File Appeal. A written appeal must be

filed with the Executive Director within Ten (10) calendar days

from the date that service of the Administrative Citation was

completed pursuant to Subsection 0.11(i)4d.

c) Waiver of Appeal. If no written appeal is filed, or an untimely

or incomplete appeal is filed, the right to a hearing is waived

and the decision of the Executive Director in the

Administrative Citation is final.

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10. Appointment of Hearing Officer.

The Executive Director shall appoint an impartial Hearing Officer and

establish a date, time and place for the civil penalties hearing when

a timely and complete written appeal is filed.

11. Civil Penalties Hearing.

a) Within Thirty (30) days of the appointment of a Hearing

Officer, the Hearing Officer shall notify the parties in writing of

the time, date and place of the hearing. The notice shall be

sent to the Responsible Person by registered or certified mail,

or hand-delivered.

b) The Hearing Officer shall only consider evidence that is

relevant to the following issues: i) whether the Responsible

Person has caused or maintained a violation of the District

Code or any applicable statute, rule, code or regulation

enforceable by the District that existed on the dates specified

in the Administrative Citation; and ii) whether the amount of

civil penalties assessed by the Executive Director pursuant to

the procedures and criteria outlined in Subsection 0.11(i)5.c.,

including any costs, was reasonable.

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12. Administrative Enforcement Order.

a) Once all evidence and testimony are completed, the Hearing

Officer shall issue and serve on the parties a written

Administrative Enforcement Order which affirms or rejects the

Administrative Citation, or which modifies the total or daily

amount or duration of the civil penalties, depending upon the

review of the evidence. The Hearing Officer may increase or

decrease the total amount of civil penalties and costs that are

assessed by the Administrative Citation.

b) The Hearing Officer may issue an Administrative Enforcement

Order that requires the Responsible Person to cease from

violating the District Code, or any applicable statute, rule,

code or regulation enforceable by the District, and to make

necessary corrections, if any.

c) As part of the Administrative Enforcement Order, the Hearing

Officer may establish specific deadlines for the payment of

penalties and costs and condition the total or partial

assessment of civil penalties on the Responsible Person’s

ability to complete compliance by specified deadlines.

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d) The Hearing Officer may issue an Administrative Enforcement

Order which imposes additional civil penalties that will

continue to be assessed until the Responsible Person

complies with the Hearing Officer’s decision and corrects the

violation(s).

e) The Hearing Officer may schedule subsequent review

hearings as may be necessary, or as requested by a party to

the hearing, to ensure compliance with the Administrative

Enforcement Order.

f) The decision of the Hearing Officer is final.

13. Failure to Comply with the Administrative Enforcement Order.

a) Upon the failure of the Responsible Person to comply with the

terms and deadlines set forth in the Administrative

Enforcement Order, the Executive Director may use all

appropriate legal means to obtain compliance.

b) After the Hearing Officer issues an Administrative

Enforcement Order, the Executive Director shall monitor the

violation(s) and determine compliance.

14. Recovery of Civil Penalties.

The District may collect any past due Administrative Citation

penalties, late payment charges or other fees or costs and recover

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its collection costs as a debt to the District through any means

provided by law. Means of collecting the debt may include, but are

not limited to, referring the matter for collection, filing an action in the

Superior Court or Small Claims Court, or imposing a lien or special

assessment on the property on which the violation(s) occurred.

(Enacted March 14, 1963 – Ordinance No. 19)

(Amended September 12, 1972 – Ordinance No. 600)

(Amended September 4, 2001 – Ordinance No. 2147 – Urgency Ordinance)

(Amended October 9, 2007 – Ordinance No. 2472)

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SECTION NO. 0.12 – ACTS INCLUDE CAUSING, AIDING AND ABETTING

Whenever in this Code any act or omission is made unlawful, it shall include

causing, permitting, aiding or abetting such act or omission.

(Enacted March 14, 1963 – Ordinance No. 19)

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SECTION NO. 0.13 – PERMIT VIOLATIONS

(a) Prohibitions

It is unlawful to perform any activity on District property without obtaining

the necessary approval or permit or in violation of any term of the approval

or permit.

(b) Applicability

This Section applies to any approval or permit required under any applicable

statute, rule, code or regulation enforceable by the District as a matter of

law.

1. Any person who violates this Section shall be subject to punishment

in accordance with District Code Section 0.11.

2. Violations of this Section may be grounds for suspension, revocation

or modification of any District permit, license or approval.

Suspensions and revocations shall occur in accordance with the

administrative hearing procedures in Section 0.11.

3. Penalties and remedies under this Section may be cumulative and in

addition to other administrative, civil or criminal remedies.

(Enacted June 4, 2002 – Ordinance No. 2185)

(Superseded and Amended October 9, 2007 – Ordinance No. 2473)

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SECTION NO. 0.14 – CODE OF ETHICS

All members of the Board of Port Commissioners (individually referred to as

"Commissioner(s),” collectively referred to as the "Board") and all employees of the San

Diego Unified Port District (District) must comply with the following Code of Ethics.

(a) Definitions:

1. “Board” – The Board of Port Commissioners of the San Diego Unified

Port District.

2. “Capacity as an Attorney” – An attorney representing a client, within

an attorney-client relationship, regarding a legal issue.

3. “Code” – The District's Code of Ethics (Section 0.14 of the District

Code.)

4. “Commissioner” – A member of the Board of Port Commissioners.

5. “Compensation” – The receipt of any monetary or non-monetary

payment, except a stipend paid to a board member of a public non-

profit corporation. Compensation includes, but is not limited to,

salary, wages, fees, and any discount or economic opportunity not

made available in the regular course of business to members of the

public.

6. “Confidential Information” – Information that is not subject to

disclosure under the California Public Records Act, or is properly

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the subject of discussion in Closed Session pursuant to the Ralph M.

Brown Act.

7. “Direct Communication” – Talking to a person, either by telephone or

in person, or corresponding with a person, either in writing, by

electronic transmission, or by facsimile machine. Direct

Communication does not include solely responding to questions from

any District Official, or appearing as a speaker at, or providing written

statements which become part of the record of a public hearing, or a

direct response to an enforcement proceeding with the District.

8. “District” – San Diego Unified Port District

9. “District Employee” – Any employee of the District.

10. “District Official” or. (Official) – Commissioner(s) and/or District

Employees.

11. “District Premises” – District Administration building and parking lot,

any other building and accompanying land and/or parking lots

occupied by District Officials.

12. “Gift” – Any payment or other benefit provided to a District Official

that confers a personal benefit for which the District Official does not

provide goods or services of equal or greater value. A Gift includes

a rebate or discount in the price of anything of value

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unless the rebate or discount is made in the regular course of

business to members of the public. (Government Code Section

82028)

13. “Influence the District” – Affecting or attempting to affect any action

by a District Official on one or more District decisions by any method,

including promoting, supporting, opposing, participating in, or

seeking to modify or delay such action. Influencing the District also

includes providing information, statistics, analysis or studies to a

District Official.

14. “Legal Issue” – A legal question which is at the foundation of a case

involving or potentially involving the District, which, if not settled,

requires a decision by a court.

15. “Lobbying” – Direct Communication with a District Official for the

purpose of Influencing the District on behalf of any other person.

16. “Lobbyist” – An individual who receives or becomes entitled to

receive Compensation from any corporation, firm, organization, or

person other than himself, and attempts to influence any District

decision by contacting personally, or by telephone, a District Official,

or who receives or becomes entitled to receive Compensation during

any calendar year for Lobbying, and who has

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had at least one District Communication with a District Official in that

calendar year.

17. “Personally and Substantially Participated” – Rendering a decision,

approval, or disapproval: by making a formal written

recommendation; by conducting an investigation; by rendering

advice on a significant basis; or by using Confidential Information.

18. “Political Reform Act“- California Government Code Sections 81000

– 91000.

19. “Public Agency” – The United States or any of its agencies, the State

of California; any political subdivision of the State, including counties

and districts; or any public corporation, agency, or commission.

(b) Misuse of Office

District Officials may not make, participate in making or in any way attempt

to use their official position to influence a District decision in which the

Official knows or has reason to know the following has a material financial

interest, as defined in the Political Reform Act:

1. The District Official,

2. A relative, which includes the District Official's spouse (which, for

purposes of this Code, includes domestic partner as defined in the

District's benefits program), parents, grandparents, brothers,

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sisters, children, grandchildren, first cousins, the spouses or children

of these people, and parents, grandparents, grandchildren, children,

sisters, brothers or first cousins of the District Official's spouse;

3. Any person or entity for which the District Official is an owner,

attorney, agent, broker, employee, officer, director, trustee or

consultant;

4. Any person or entity with which a District Official has a financial

relationship;

5. Any person or entity with which the District Official had a financial

relationship during the previous Twelve (12) months; or

6. Any person or entity from which the District Official received a Gift

cumulating more than the amount permitted by Subsection (d),

below, of this Code, including any goods or services for less than fair

market value unless available to the public generally, during the

previous Twelve (12) months. This subdivision shall not apply to Gifts

received on or before June 30, 2002.

District Officials may not use or permit use of District time, personnel,

supplies, equipment, identification cards/badges or facilities for

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unapproved, non-District activities or except as provided for by

administrative regulation or procedure.

(d) Gifts

District Officials may not request Gifts from any person or entity that the

District Official knows or should know is doing business with the District or

intends to do business with the District or has done business with the District

during the previous Twelve (12) months. District Officials who are required

to file a Statement of Economic Interest, Form 700, may not accept any

Gifts aggregating more than the amount permitted by the Political Reform

Act, Government Code Section 89503(f), and as determined by the Fair

Political Practices Commission (FPPC) per year from any person or entity.

Gifts do not include Gifts that are excluded under the Fair Political Practices

Regulations, including but not limited to Section 18942. These exclusions

include, among other things, certain informational material, Gifts from

certain relatives, plaques, hospitality in a home, presents exchanged on

certain special days, and free admission and travel in-State when giving a

speech or other presentation.

(e) Gratuities

District Officials may not accept anything of value from anyone, other than

the District, or its officers or employees, for doing the District Official's job.

The exclusions specified in FPPC Regulations apply to this section.

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(f) Political Activities

1. Unlawful use of influence

a) No one who holds, or who is seeking election or appointment

to, any office or employment in a state or local agency shall,

directly or indirectly, use, promise, threaten or attempt to

use, any office, authority, or influence, whether then

possessed or merely anticipated, to confer upon or secure for

any individual person, or to aid or obstruct any individual

person in securing, or to prevent any individual person from

securing, any position, nomination, confirmation, promotion,

or change in compensation or position, within the State or

local agency, upon consideration or condition that the vote or

political influence or action of such person or another shall be

given or used in behalf of, or withheld from, any candidate,

officer, or party, or upon any other corrupt condition or

consideration. This prohibition shall apply to urging or

discouraging the individual employee's action. (Government

Code Section 3204)

b) No one who holds, or who is seeking election or appointment

to, any office shall, directly or indirectly, offer to arrange for

any increase in compensation or salary for an employee in

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exchange for, or a promise of, a contribution or loan to any

committee controlled directly or indirectly by the person who

holds, or who is seeking election or appointment to, an office.

(Government Code Section 3205.5)

2. Solicitation of political contributions

District Officials shall not, directly or indirectly, solicit a political

contribution from a District Officials, or from a person on an

employment list of the District. This does not prohibit a District Official

from requesting political contributions from District Officials if the

solicitation is part of a solicitation made to a significant segment of

the public which may include District Officials. (Government Code

Section 3205)

3. Political activity during working hours; on District Premises; or while

in uniform.

a) District Officials are prohibited from engaging in political

activity during working hours and are prohibited from

engaging in political activity on District premises.

(Government Code Section 3207)

b) No District Official shall participate in political activities of any

kind while in uniform. (Government Code Section 3206)

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(g) Confidential Information

District Officials may not disclose Confidential Information or use it for any

non-District purpose, even after you leave District service. Disclosure to a

law enforcement agency of confidential government information concerning

conduct that may involve fraud, corruption, criminal activity or a violation of

this Code is not prohibited.

(h) Representation

While a District Official, you may not communicate for pay with the District

on behalf of a private person or entity, nor may you represent a private

person or entity in a matter that is before the District, except that a District

Official may represent himself or herself on a matter.

(i) Post District Employment

1. This section does not apply to former District Officials employed by

Public Agencies, or a former District Official representing himself or

herself, in his or her individual capacity.

2. Former District Officials shall not engage in Direct Communication

with the District, for Compensation, on a particular project that the

Official Personally and Substantially Participated, with regard to any

pending application for discretionary funding or discretionary

entitlements before the District, relating to that particular project, on

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behalf of any person for a period of One (1) year immediately

following termination of service with the District.

3. Former District Officials shall not, for Compensation, knowingly

counsel or assist any person in connection with an appearance or

communication in which the former District Official is prohibited from

engaging pursuant to subsection (2), above, for a One (1) year period

immediately following termination of service with the District.

4. Former District Officials shall not engage in Direct Communication

with the District for the purpose of Lobbying the District if the former

District Official served as a District Official within the previous Twelve

(12) months, and the former District Official is receiving

Compensation from the private business to engage in the Direct

Communication with the District.

(j) Prohibited Outside Positions

A District Official may not be a paid attorney, agent, broker, officer, director,

trustee or consultant (other than as a full-time employee) for anyone that a

District Official knows or should know is doing business or seeking to do

business with the District or that a District Official knows or should know has

or is seeking a license, permit, grant, or benefit from or is entering into a

contract with the District.

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(k) Ethics Officer

The Port Attorney's office shall designate an Ethics Officer for the District.

This person shall serve as the point person for all questions concerning this

Code and the Political Reform Act.

(l) Review of Filings and Advice by the Ethics Officer

The District's Ethics Officer will be available to assist District Officials with

their filing prior to the deadline. The District's Ethics Officer also will provide

assistance on any ethical question concerning a District Official's role at the

District. District Officials should feel comfortable seeking assistance and

asking questions about their particular situation. After District Officials file

their Statement of Economic Interests, Form 700, the District's Ethics

Officer will review the Statement and contact the District Official if there are

any corrections needed.

If the District's Ethics Officer believes that a District Official has a potential

conflict of interest, the District's Ethics Officer will advise the person as soon

as possible about the potential conflict. It is the District Official's

responsibility to make such a determination, and penalties for failure to do

so are applied to the District Official.

(m) Notice of a Conflict of Interest

District Officials must comply with the following provisions on disclosure and

disqualification:

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1. As soon as a District Official faces a possible conflict of interest under

the Political Reform Act or this Code, the District Official must

disqualify himself or herself from dealing with the matter.

2. Whenever a District Official is required to disqualify himself or herself

under this section, the District Official must:

a) Promptly inform his or her supervisor, if any, about the District

Official's disqualification;

b) Promptly file with the District's Ethics Officer a signed

statement disclosing the nature and extent of the conflict of

interest; and

c) Immediately stop participating further in the matter.

3. If the District Official is a Commissioner, the Commissioner must also

set forth the disqualification on the official record of the Board and

follow the Political Reform Act regarding conflict of interest.

4. No one shall retaliate against a District Official or take any adverse

personnel action against a District Official for complying with this

section.

(n) Training Sessions

Each year, prior to the annual filing of the Statements of Economic Interest,

the District's Ethics Officer will hold a training session on how to

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file and the current state of the law. District Officials are encouraged to

attend, particularly if the District Official is new to the District.

(o) Lobbying Provisions

Any person, who is paid to Lobby the District, shall register as a District

Lobbyist with the District Clerk's office within Ten (10) days of qualifying as

a Lobbyist. This section is not applicable to a Public Agency official, or an

individual acting on his or her own behalf, or on behalf of a business entity

which is wholly-owned or controlled by such individual, or to attorneys who

are acting in their Capacity as an Attorney while representing a client

regarding a Legal Issue involving the District.

The registration statement shall include the name, address and phone

number of the person who is registering, along with the name, address and

phone number of each person who is employing the person to be their

Lobbyist.

Each Lobbyist shall file quarterly reports listing Compensation received for

Lobbying the District for each employer, the items lobbied, and a list of Gifts

provided to Commissioners or District Employees on a form prepared by

the District.

Once a person no longer qualifies as a Lobbyist, the person may terminate

his or her registration by filing a notice of termination with the District Clerk.

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All of these statements shall be filed under penalty of perjury.

(p) Inducement of Others

District Officials may not cause, try to cause, or help another Commissioner

or District Employee to do anything that would violate any provision of this

Code.

(q) Enforcement

In addition to the penalties set forth in the Political Reform Act, which include

criminal, civil and administrative remedies set forth in Government Code

Section 91000 et seq., the District may impose the following criminal or civil

penalties on those persons who violate either the Political Reform Act or

this Code:

1. Criminal Penalties

Any person who knowingly or willfully violates any provision of this

Code is guilty of a misdemeanor. In addition to other penalties

provided by law, a fine of up to the greater of Ten Thousand Dollars

($10,000.00) or Three (3) times the amount the person failed to

report properly or unlawfully contributed, expended, gave or received

may be imposed upon conviction for each violation.

Prosecution for violation of this Code must be commenced within

Four (4) years after the date on which the violation occurred.

San Diego Unified Port District – Port Code

Section No. 0.14

Article 0 – Code of Ethics Section 0.14 – Page 15 of 16

2. Civil Penalties

Any person who violates any provision of this Code, shall be liable in

a civil action brought by the Board or the District Attorney or the

appropriate City Attorney, for an amount up to Five Thousand Dollars

($5,000.00) per violation.

No civil action alleging a violation of this Code may be filed against

a person pursuant to this section if the criminal prosecutor is

maintaining a criminal action against that person pursuant to Section

91000 or this Code. No civil action alleging a violation of any

provisions of this Code shall be filed more than Four (4) years after

the date the violation occurred.

3. Other Penalties

Additional penalties that may be imposed on Commissioners shall

include, but are not limited to, removal as Chair, removal as Chair of

a committee, removal from a committee, loss of travel privileges,

censure, or any other appropriate remedy imposed by a majority of

the other Board members. Any action taken shall be promptly

transmitted to the Commissioner's appointing authority.

Penalties that may be imposed on District Employees shall include,

San Diego Unified Port District – Port Code

Section No. 0.14

Article 0 – Code of Ethics Section 0.14 – Page 16 of 16

but are not limited to, dismissal, suspension without pay, loss of

travel privileges, or a letter in the personnel file.

(Enacted June 4, 2002 – Ordinance No. 2184)

(Amended August 20, 2002 – Ordinance No. 2195)

(Amended November 18, 2003 – Ordinance No. 2275)

San Diego Unified Port District – Port Code

Section No. 0.15

Article 0 – Holidays Section 0.15 – Page 1 of 1

SECTION NO. 0.15 – HOLIDAYS

The Personnel System Rules and Regulations shall provide the holidays observed

by the San Diego Unified Port District.

(Enacted August 6, 1963 – Ordinance No. 88)

(Amended November 24, 1970 – Ordinance No. 495)

(Amended June 18, 1974 – Ordinance No. 656)

San Diego Unified Port District – Port Code

Section No. 2.00

Article 2 – Establishment of Cost Recovery User Fee Schedule for District Service

Section 2.00 – Page 1 of 1

ARTICLE 2

COST RECOVERY

SECTION NO. 2.00 – ESTABLISHMENT OF COST RECOVERY USER FEE

SCHEDULE FOR DISTRICT SERVICES

The Board of Port Commissioners shall adopt and may amend from time to time a

Cost Recovery User Fee Schedule of the fees to be paid as provided therein for services

and administrative acts of the District which fees shall not exceed the costs incurred and

which shall apply to requests or applications in process on or after its effective date.

(Enacted May 7, 2013 – Ordinance No. 2720)

(Fee Schedule Adopted by Minutes – June 11, 2013)

(Amended April 15, 2014 – Ordinance No. 2763)

San Diego Unified Port District – Port Code

Section No. 2.01

Article 2 – Cost Recovery User Fee Schedule for District Services

Section 2.01 – Page 1 of 5

SECTION NO. 2.01 – COST RECOVERY USER FEE SCHEDULE FOR DISTRICT

SERVICES

In accordance with Section 2.00, the following fees shall apply:

San Diego Unified Port District

Cost Recovery User Fee Schedule

Real Estate

Fee (1)

Fee

Type

Rental Agreement & Tidelands Use and Occupancy

Permit – Simple

$1,100

Flat

Fee

Tidelands Use and Occupancy Permit – moderate

$2,900

Flat

Fee

Tidelands Use and Occupancy Permit – complex

$14,000

Flat

Fee

Easements for Utility Purposes – simple

$1,000

Flat

Fee

Easements for Utility Purposes – complex

$3,200

Flat

Fee

Lease Amendments – simple

$3,000

Flat

Fee

Lease Amendments – moderate

$8,000

Flat

Fee

Option to Lease - Amendment – simple

$3,000

Flat

Fee

Option to Lease - Amendment – moderate

$8,000

Flat

Fee

Letter Agreements – simple

$900

Flat

Fee

Letter Agreements – moderate

$1,800

Flat

Fee

Letter Agreements – complex

$2,700

Flat

Fee

Vending Permit

$800

Flat

Fee

Bait Receiver Permit

$800

Flat

Fee

Transportation Services Permit – simple

$1,100

Flat

Fee

San Diego Unified Port District – Port Code

Section No. 2.01

Article 2 – Cost Recovery User Fee Schedule for District Services

Section 2.01 – Page 2 of 5

Transportation Services Permit – complex

$2,900

Flat

Fee

Estoppel Certificate / Encumbrance

$2,200

Flat

Fee

Estoppel Certificate / Encumbrance – complex

$4,000

Flat

Fee

Gasoline Services Station Permit

$2,000

Flat

Fee

Right of Entry Permit – simple

$1,000

Flat

Fee

Right of Entry Permit – moderate

$3,000

Flat

Fee

Project Review and Approval (Concept Design) –

simple

$1,000

Flat

Fee

Project Review and Approval (Concept Design) –

moderate

$1,800

Flat

Fee

Project Review and Approval (Concept Design) –

complex

$5,150

Flat

Fee

Project Review and Approval (Working Drawings) –

simple

$450

Flat

Fee

Project Review and Approval (Working Drawings) -

moderate

$1,800

Flat

Fee

Project Review and Approval (Working Drawings) -

complex

$5,150

Flat

Fee

Consent to Sublease – simple

$600

Flat

Fee

Consent to Sublease – complex

$3,400

Flat

Fee

Consent to Assignment of Leasehold Interest or Other

Modification/Document for Lessee's Benefit – Simple

$2,900

Flat

Fee

Consent to Assignment of Leasehold Interest or Other

Modification/Document for Lessee's Benefit –

Complex

$3,400

Flat

Fee

Bundled Fee for Routine Review (i.e. Basic Real

Estate Agreement

and Categorical Determination)

$500

Flat

Fee

(1) In addition to the above fees charged to recover Port costs, any external third-

party consultant fees incurred in connection with the services listed above will be

recovered as incurred.

San Diego Unified Port District – Port Code

Section No. 2.01

Article 2 – Cost Recovery User Fee Schedule for District Services

Section 2.01 – Page 3 of 5

Any waiver of a user fee shall be subject to the provisions of Board of Port

Commissioners (BPC) Policy No. 106.

Environmental & Land Use Management

Fee (1)

Fee

Type

50% of

Fee

Estimate

Non-Appealable Coastal Development Permit

$16,000

Flat

Fee

Appealable Coastal Development Permit

Actual

Cost (2)

Deposit

$16,000

Emergency Development Permit

$6,253

Flat

Fee

In Water Hull Cleaning (2-year permit)

$250

Flat

Fee

Categorical Determination of Exemption/Coastal

Exclusion

$208

Flat

Fee

Negative Declaration

30% (3)

Admin

Fee

Mitigated Negative Declaration

30% (3)

Admin

Fee

Amendment to Port Master Plan

Actual

Cost (2)

Deposit

$70,000

Environmental Impact Report (EIR) Review

30% (3)

Admin

Fee

Environmental Impact Report (EIR) Addendum

30% (3)

Admin

Fee

Appeal of CDP to Coastal Commission

Actual

Cost (2)

Deposit

$7,500

National Pollution Discharge Elimination System

(NPDES)

Inspection, Construction

$377

Flat

Fee

Storm Water Pollution Prevention Plan (SWPPP) –

Plan Check <1 acre

$778

Flat

Fee

Storm Water Pollution Prevention Plan (SWPPP) –

Plan Check >1 Acre

$3,560

Flat

Fee

Water Quality Management Plan (WQMP) (Standard

Urban Stormwater Mitigation Plan (SUSMP)) -

Review and Approval

$4,714

Flat

Fee

Water Quality Management Plan (WQMP) - Best

Management Practices (BMP) Inspection

$442

Flat

Fee

San Diego Unified Port District – Port Code

Section No. 2.01

Article 2 – Cost Recovery User Fee Schedule for District Services

Section 2.01 – Page 4 of 5

Geographic Information System (GIS) - Project

Support

$567

Flat

Fee

(1) In addition to the above fees charged to recover Port costs, any external third-

party consultant fees will be recovered as incurred. In the event a third-party

consultant is hired as a project manager, any associated and additional staff costs

shall be charged as actual cost.

(2) Fees shown as actual cost will be charged on a time-and-expense basis, using fully

burdened hourly rates applied against tracked Port staff time. Initial deposits will be

collected at the time of application submittal and shall be the lower of $7,500 or 50% of

the estimated fee.

Additional deposits may be required during the duration of the

project.

(3) Certain environmental review fees are assessed a percentage based

administrative fee that is 30% of the environmental consultant contract to recover staff

costs.

Any waiver of a user fee shall be subject to the provisions of Board of Port

Commissioners (BPC) Policy No. 106.

Harbor Police

Fee (1)

Fee

Type

Vehicle Release Fee

$232

Flat

Fee

Vehicle Impound Hearing

$100

Flat

Fee

Subpoena Witness Testimony

$275

Flat

Fee

News Rack Permit

$264

Flat

Fee

News Rack Permit Renewal

$158

Flat

Fee

News Rack Removal

$95

Flat

Fee

Cargo Escort - Sergeant hourly

$142

Hourly

Cargo Escort - Officer hourly

$107

Hourly

(1) In addition to the above fees charged to recover Port costs, any external third-

party consultant fees will be recovered as incurred.

San Diego Unified Port District – Port Code

Section No. 2.01

Article 2 – Cost Recovery User Fee Schedule for District Services

Section 2.01 – Page 5 of 5

Any waiver of a user fee shall be subject to the provisions of Board of Port

Commissioners (BPC) Policy No. 106.

User fee waivers shall be in accordance with BPC Policy No. 106.

User fee dispute resolution shall be in accordance with BPC Policy No. 106.

FULL COST RECOVERY

Significant variances in staff required to provide certain services make application

of a fixed user fee

impracticable. In these instances, the applicant is charged for

services provided on a reimbursement basis, using fully burdened hourly staff rates or,

in some instances, a percentage based administrative fee based on outside consultant

costs. These reimbursement user fees are designated in the Cost Recovery User Fee

Schedule as "actual cost."

For all actual cost user fee items, an initial deposit (the lower of $7,500 or 50%

of the estimated fee) shall be collected to cover the Port's full cost, including overhead,

incurred in conjunction with review and processing as requested by applicant. Additional

funds may be collected, as required, to cover the Port's actual costs. Should the

application be withdrawn at any time, the deposit shall be adjusted to cover the Port's

actual costs, including overhead, up to that time. Any funds remaining on deposit at the

time of completion or withdrawal of the application shall be returned to the depositor,

after accounting for the expenses incurred to date.

(Enacted August 12, 2014 – Ordinance No. 2776)

(Amended December 9, 2014 – Ordinance No. 2794)

(Amended February 10, 2015 – Ordinance No. 2797)

San Diego Unified Port District – Port Code

Section No. 3.00

Article 3 – Tenant Project Review – Initial Service Request

Section 3.00 – Page 1 of 2

ARTICLE 3

TENANT PROJECT REVIEW

San Diego Unified Port District – Port Code

Section No. 3.00

Article 3 – Tenant Project Review – Initial Service Request

Section 3.00 – Page 1 of 2

SECTION NO. 3.00 – GENERAL PROVISIONS

(a) Title. The title of this Article shall be “Tenant Project Review.”

(b) Purpose and Intent. The purpose and intent of this Article is to set forth

requirements to process tenant project applications within the District’s

jurisdiction; to establish clear guidelines, processes, and general time frames

for the exercise of authority; to ensure that the District’s costs of granting

development rights are reimbursed; and to ensure that the District can protect

the public health, safety, and welfare.

the District including any areas subsequently acquired by any means.

(d) Severability. If any word, phrase, sentence, part, section, subsection, or other

portion of this Article, or any application thereof to any person or circumstance,

is declared void, unconstitutional, or invalid for any reason, then such word,

phrase, sentence, part, section, subsection, or other portion, or the proscribed

application thereof, shall be severable, and the remaining provisions of this

Article, and all applications thereof, not having been declared void,

unconstitutional or invalid, shall remain in full force and effect.

(e) Definitions. Certain words and phrases used herein are defined in Section 3.08,

unless the context requires a different meaning.

(Enacted April 3, 2024 - Ordinance No. 3129)

San Diego Unified Port District – Port Code

Section No. 3.01

Article 3 – Tenant Project Review – Preliminary Project Review

Section 3.01 – Page 1 of 3

SECTION NO. 3.01 – INITIAL SERVICE REQUEST

(a) Requirement to File an Initial Service Request. All Persons seeking to conduct

an activity requiring possession of District real property shall first notify the

Reviewing Department in writing of the proposed activity unless the activity has

already been reviewed and approved by the District. Notification is effective only

if made through an Initial Service Request. The Initial Service Request is not a

Project Application.

(b) Authority to Submit an Initial Service Request. An Initial Service Request may be

submitted only if:

1. The Person is an existing District tenant with the real property rights

necessary to complete the activity; or

2. The Person has a valid right to use the Property or a contingent interest in

the Property for the activity; or

3. Staff is in negotiations with the Person for the real property rights necessary

to conduct the activity pursuant to one or more of the following authorities:

a) The Board has directed Staff to negotiate with the Person, or

b) The real property rights required to complete the activity are:

1) Within Staff’s authority to grant and

2) Staff authorizes the Person to submit an Initial Service Request

San Diego Unified Port District – Port Code

Section No. 3.01

Article 3 – Tenant Project Review – Preliminary Project Review

Section 3.01 – Page 2 of 3

discretion to consider Unsolicited Proposals. Any Commissioner, or

Staff, may request to add an item to the Board agenda that would

provide an informational presentation on an Unsolicited Proposal

and recommend that the Board direct Staff to process it in

accordance with this Article. If directed by the Board, then the

Person with an Unsolicited Proposal may submit an Initial Service

Request in accordance with the requirements of this Article. Nothing

in this Article grants a right or entitlement to a Person that an

Unsolicited Proposal will be placed on a Board agenda for Board

consideration.

(d) Evaluation of Initial Service Request. The Reviewing Department

shall evaluate the activity described in the Initial Service Request to

determine what District review may be required.

1.) District Review Required. All activities require District review

as determined by the Reviewing Department unless an

exception applies.

2.) Exceptions from District Review. No further review of the

activity will be required, and the Reviewing Department shall

notify the Person that the activity may move forward, only if

San Diego Unified Port District – Port Code

Section No. 3.01

Article 3 – Tenant Project Review – Preliminary Project Review

Section 3.01 – Page 3 of 3

there is no feature of the activity that could be considered a

Project or Development, including but not limited to:

1. Routine interior maintenance and repairs.

2. Interior redecorating with like materials and finishes and

replacement of interior furniture, fixtures, and equipment

(FF&E).

3. Similar replacements of existing interiors.

(Enacted April 3, 2024 - Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.02

Article 3 – Tenant Project Review – Proposed Project Application

Section 3.02 – Page 1 of 2

SECTION NO. 3.02 – PRELIMINARY PROJECT REVIEW

(a) Reviewing Authority. The Reviewing Department shall determine whether the

activity will be subject to Preliminary Project Review as described below.

1. Required - Preliminary Project Review. Preliminary Project Review is

required if the activity may require a CEQA document (Environmental

Impact Report (EIR) or Subsequent or Supplemental EIR, Mitigated

Negative Declaration (MND) or Subsequent MND, or Negative Declaration)

and at least one of the following:

a) Board approval of a Coastal Development Permit (CDP) or a material

amendment to an already approved CDP, or

b) Board approval of an amendment to the Port Master Plan.

2. Requested - Staff Discretion to Request Preliminary Project Review. For an

activity that does not meet the requirements above, the Director of the

Reviewing Department may seek Preliminary Project Review for any reason

including but not limited to regional impacts, cost, public profile, security, or

any combination thereof.

3. Not Required – Staff Review and Approval Only. For all other activities not

subject to Preliminary Project Review, Applicant shall proceed to Pre-

Application Coordination.

(b) Board Direction to Commence Environmental Review. Activities subject to

Preliminary Project Review must include a Pre-Design package for the Board’s

San Diego Unified Port District – Port Code

Section No. 3.02

Article 3 – Tenant Project Review – Proposed Project Application

Section 3.02 – Page 2 of 2

review. The Board may, in its sole and absolute discretion, direct Staff to process

the activity as a Proposed Project and commence CEQA review, commence

CEQA review with modifications or options, or not commence CEQA review. Public

Trust Doctrine review, and certain California Coastal Act reviews, can occur during

CEQA review. Preliminary Project Review and direction to commence CEQA

review shall not be considered an approval and the Board reserves all its legal

discretion.

more coordination meetings between the Applicant and the District are required

prior to Applicant filing a Project Application unless waived in writing by the

Director of the Reviewing Department.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.03

Article 3 – Tenant Project Review – Proposed Project Application

Section 3.03 – Page 1 of 3

SECTION NO. 3.03 – PROPOSED PROJECT APPLICATION

(a) Project Application. Applicants shall complete a Project Application which shall

be returned to the District for processing. Staff shall prescribe the form in which

Project Applications are made and maintain a list specifying the materials and

information to be submitted with each Project Application.

(b) Filing a Project Application. A Project Application shall be filed in accordance with

the provisions of this Article and processed in accordance with applicable law.

Project Applications shall be numbered consecutively in the order of their filing

and shall become a part of the District’s official records. The Project Application

shall include the materials and information required on the date the Project

Application is filed, unless otherwise specified by the Port Code or applicable law.

1. Evaluation for Completeness. The Project Application shall be deemed

complete when the Reviewing Department has determined that the Project

Application includes all information and materials required. At any time

during the initial evaluation and subsequent processing of the Project

Application, Staff may request that the Applicant clarify, simplify, or

provide additional information or information required for the Project

Application. Staff may also utilize third-party consultants acting under

Staff’s direction to evaluate for completeness.

San Diego Unified Port District – Port Code

Section No. 3.03

Article 3 – Tenant Project Review – Proposed Project Application

Section 3.03 – Page 2 of 3

2. Cost Recovery. All Proposed Projects shall be subject to the requirements

of Article No. 2.00 Cost Recovery of this Port Code, including but not limited

to responsibility for the costs of CEQA, Coastal Act, and project review, as

well as the costs of environmental and coastal analysis or project

management functions conducted by a third-party consultant through one

or more three-party agreements in form and content satisfactory to the

District. If third-party consultants are needed, Staff shall solely select the

third-party consultant(s) and direct the third-party consultant(s). Staff may

in their sole and absolute discretion, but have no duty to, share the

environmental review with the Applicant prior to public review of the CEQA

document if applicable. Staff shall prepare a cost estimate including third-

party consultant costs required to complete the District’s review of the

Proposed Project. Staff shall invoice the Applicant periodically for any

applicable Cost Recovery Fees. Prior to the approval, conditional approval,

or denial of a Proposed Project by Staff or the Board as applicable,

Applicant must pay all applicable Cost Recovery fees. Nothing in this Article

gives an Applicant a right to review or comment on administrative drafts of

CEQA review, CDP(s), or amendments thereto or other analyses.

3. Withdrawal. An Applicant may withdraw a Project Application in writing at

any time subject to payment in full for all amounts due to the District as of

San Diego Unified Port District – Port Code

Section No. 3.03

Article 3 – Tenant Project Review – Proposed Project Application

Section 3.03 – Page 3 of 3

the effective date of withdrawal, including but not limited to cost recovery

as defined in Article No. 2.00 Cost Recovery of this Port Code.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.04

Article 3 – Tenant Project Review – Proposed Project Decision

Section 3.04 – Page 1 of 3

SECTION NO. 3.04 – PROPOSED PROJECT DECISION

(a) Processing a Complete Project Application. Following receipt of a Complete

Project Application, the Reviewing Department shall process it in accordance with

all applicable District policies, procedures, and practices as well as all laws

including but not limited to CEQA and the Coastal Act (including preparation of a

CEQA document, Port Master Plan Amendment, or Coastal Development Permit

as may be required), and ordinances adopted pursuant thereto, in addition to all

other lawful requirements.

(b) Discretionary Approval, Conditional Approval, or Denial. Once the Reviewing

Department has completed its review and all CEQA review has been completed

and approved, the Reviewing Department shall do one of the following:

1. If Board review is required, then Staff shall present their recommendations

regarding the Proposed Project to the Board for discretionary approval,

conditional approval, or denial which may include, but not limited to,

approval or adoption of a Port Master Plan Amendment, authorization of a

CDP or material CDP Amendment, or other discretionary approvals.

2. If Board review is not required, then Staff shall approve, conditionally

approve, or deny the Proposed Project.

Reviewing Department, or the Board shall be communicated in writing to the

Applicant. A Proposed Project that is approved or conditionally approved shall

San Diego Unified Port District – Port Code

Section No. 3.04

Article 3 – Tenant Project Review – Proposed Project Decision

Section 3.04 – Page 2 of 3

become an Approved Project and shall submit progressively detailed drawings and

information as may be required by the Reviewing Department.

(d) Changes to an Approved Project. The Applicant shall comply with all conditions of

approval. Applicant understands that the Approved Project cannot move forward

until the Reviewing Department has provided written approval for the changes.

Changes to an Approved Project shall be processed as follows:

1. Following approval, if an Applicant requests changes to an Approved

Project including but not limited to drawings, plans, specifications, and

revised project description narrative or summary of changes, then such

changes shall be submitted to the Reviewing Department in writing and

reviewed for substantial conformance to the Approved Project.

2. Changes to an Approved Project may require subsequent CEQA

environmental review or additional Coastal Act processing as determined

by Staff.

(e) Dispute Resolution Process. If the Applicant disagrees with the denial of a

Proposed Project by the Reviewing Department or one or more conditions of

approval imposed by Staff, then the Applicant may appeal as follows:

1. First, to the District’s Executive Director through a written objection clearly

stating the reasons for the objection and filed with the Reviewing Department

by no later than five (5) business days following the determination.

San Diego Unified Port District – Port Code

Section No. 3.04

Article 3 – Tenant Project Review – Proposed Project Decision

Section 3.04 – Page 3 of 3

2. Second, if the District’s Executive Director concurs with Staff’s

determination, then to the Board through a written objection clearly stating

the reasons for the objection and filed with the Office of the District Clerk by

no later than five (5) business days following the determination.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.05

Article 3 – Tenant Project Review – Approved Project Construction

Section 3.05 – Page 1 of 1

SECTION NO. 3.05 – APPROVED PROJECT CONSTRUCTION

(a) Prior to commencement of construction, Applicants must provide the Reviewing

Department the following:

1. Verification that all pre-construction conditions have been completed to the

satisfaction of the District, and

2. Copies of any permits, licenses, approvals, or other authorizations

necessary for commencement of construction issued by any governmental

agency, as well as copies of permits subsequently obtained.

(b) After the Approved Project is fully constructed, all Applicants shall deliver to the

Reviewing Department a written notice of completion with As-Built Drawings and

evidence that all required inspections have been passed, all required permits have

been obtained, and all applicable conditions of approval have been satisfied.

Applicants must also provide evidence of compliance and any applicable reports

to resource and permitting agencies. A temporary Certificate of Occupancy shall

be acceptable to the District for the purpose of complying with this section so long

as it is followed by a final Certificate of Occupancy delivered to the District once

obtained.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.06

Article 3 – Tenant Project Review – Monitoring and Inspections

Section 3.06 – Page 1 of 2

SECTION NO. 3.06 – MONITORING AND INSPECTIONS

(a) District Staff Authority. The Executive Director and authorized designee may

monitor activities and inspect facilities within or doing business from the District’s

jurisdiction, whether or not occupied, at reasonable times, in a reasonable manner,

and with reasonable notice to carry out the purposes of this Article or any

applicable statute, rule, code or regulation enforceable by the District.

(b) Construction Inspection. Staff shall inspect Approved Projects to ensure

compliance with District conditions of approval to ensure construction is in

substantial conformance to the conditions of the Project Approval, Field Directives,

construction measures, and any special conditions identified in the Coastal

Development Permit if applicable.

determine compliance with this Article, District-issued permits, and conditions of

approval. Monitoring may include, but may not be limited to, sampling, taking

measurements, metering, and placing devices necessary to sample, monitor,

meter, record, visually inspect and review records. When samples are collected,

the Applicant or Authorized Agent may request and receive split samples. Records,

reports, analyses, or other information required under this Article may be inspected

and copied, and photographs taken to document a condition and/or a violation of

this Article.

San Diego Unified Port District – Port Code

Section No. 3.06

Article 3 – Tenant Project Review – Monitoring and Inspections

Section 3.06 – Page 2 of 2

(d) Inspection and Monitoring Work Product and Costs. Any work product not subject

to the attorney-client privilege that is generated by the District pursuant to an

inspection and monitoring shall be timely shared with the Applicant following

Applicant's request in writing. All inspection and monitoring costs shall be borne

by the District unless and to the extent the inspection and monitoring substantiates

one or more violations, in which case, the Applicant shall pay all third-party costs

excluding the District's staff time.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.07

Article 3 – Tenant Project Review – Violations and Enforcement

Section 3.07 – Page 1 of 2

SECTION NO. 3.07 – VIOLATIONS AND ENFORCEMENT

(a) Violations. The following are violations of this Article and may be enforced by Staff

or the Board, or both, under this Section 3 or Section 12 of the District’s Coastal

Development Permit Regulations, or the Coastal Act, or all three:

1. Commencement of an activity which has not obtained the required

discretionary approval pursuant to this Article.

2. Failure to comply with the conditions of a discretionary approval or causing,

allowing, aiding, or abetting non-compliance.

3. Commencement of corrective actions for violations of this Article must

commence within ten (10) business days after the District notifies the

Applicant of a violation in writing, Applicant shall commence and diligently

pursue to completion the activities necessary to correct the violation. Each

day or part thereof that action necessary to correct a violation is not initiated

and diligently pursued is a separate violation.

4. A separate violation may be considered to have taken place for each day of

non-compliance with this Article exists.

5. It is unlawful to make any false statement or misrepresentation to the District

or its agents concerning compliance with this Article. False statements or

misrepresentations may include, but are not limited to, any

misrepresentation in a voluntary disclosure, any submission of a report that

omits required material facts without disclosing such omission, and any

San Diego Unified Port District – Port Code

Section No. 3.07

Article 3 – Tenant Project Review – Violations and Enforcement

Section 3.07 – Page 2 of 2

withholding of information required to be submitted by or pursuant to this

Article. It is unlawful to conceal a violation of this Article.

(b) Penalties. Violations related to a Coastal Development Permit or the Coastal Act

may result in judicial action against the violator, referral to the California Coastal

Commission, civil penalties, fines, a notice of violation recorded against the

leasehold interest, a cease and desist order as authorized by the Port Act, the Port

Code including but not limited to Article 0, the California Coastal Act (see Public

Resource Code §30800 et seq.), or any other law, or any combination thereof.

established prior to enactment of regulations that require discretionary approval

for the activity.

(d) Notice of Violation. Staff shall orally notify the alleged violator by telephone or in

person of the violation, followed by a written notice given by certified mail or hand

delivered to the alleged violator. The notice shall include the following:

1. A description of the activity which constitutes the violation.

2. A statement that the described activity constitutes a violation of this Article.

3. A statement that the described activity be immediately stopped and cured,

or the alleged violator may be subject to penalties.

4. The name, address, and phone number of the Staff which is to be contacted

for further information.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 3.08

Article 3 – Tenant Project Review – Definitions

Section 3.08 – Page 1 of 4

SECTION NO. 3.08 – DEFINITIONS

(a) Definitions. Certain words and phrases used herein are defined in this Section

unless the context requires a different meaning.

1. “Applicant” means any of the following:

a) a Person who has properly submitted a Project Application and is the

record lessee of the real property that is the subject of the activity;

b) the record lessee’s Authorized Agent;

c) any other Person who can demonstrate a legal right, interest, or

entitlement to the current or future use of the real property; or

d) a Person that has an existing legal agreement with the District to

process a Project Application.

2. “Approved Project” means a Proposed Project which has been reviewed

and approved with or without conditions and with or without modifications

by Staff, the Board, or both in accordance with this Article and any

applicable regulations and laws.

3. “As-Built Drawings” means all plans and specifications for the Approved

Project that include all modifications to the original design during

construction. For all Approved Projects approved by the Board, As-Built

Drawings must include a fully functional, intelligent digital twin of the

Approved Project suitable for the District’s use and reference.

San Diego Unified Port District – Port Code

Section No. 3.08

Article 3 – Tenant Project Review – Definitions

Section 3.08 – Page 2 of 4

4. “Authorized Agent” means an agent acting on behalf of the record lessee

as its representative where the record lessee has signed and submitted in

writing a record granting the authority to represent the record lessee and to

submit an Initial Service Request or file a Project Application and may

include authorization to process the Application in part or entirety.

5. “Board” means the District’s Board of Port Commissioners.

6. “CEQA” means the State of California Guidelines for the California

Environmental Quality Act, codified as California Code of Regulations, Title

14, Chapter 3, Section 15000 et seq., and the District’s Guidelines for

Compliance with CEQA on file in the Office of the District Clerk as Document

No. 36294, as amended.

7. “Complete Project Application” means a Project Application that meets all

submittal requirements as determined by the Reviewing Department.

8. “Development” means development as defined in California Public

Resources Code Section 30106 and any associated laws, regulations, and

judicial decisions.

9. “District CDP Regulations” means the San Diego Unified Port District’s

Coastal Development Permit Regulations on file in the Office of the District

Clerk as Document No. 19171, as amended from time to time.

10. “District Conditional Project Approval” means the written documentation

issued by the Reviewing Department and countersigned by the Applicant

San Diego Unified Port District – Port Code

Section No. 3.08

Article 3 – Tenant Project Review – Definitions

Section 3.08 – Page 3 of 4

that a Proposed Project is an Approved Project and specifying therein the

extent of the approval(s) granted.

11. “Initial Service Request” means a form submitted by a Person to Reviewing

Department to notify the District of a proposed activity to be conducted in

the District’s jurisdiction, whether or not the activity is later determined to be

a Project which includes a Pre-Design package.

12. “Person” means a natural person, corporation, government or governmental

subdivision or agency, business trust, estate, trust, partnership, limited

liability company, association, or other entity.

13. “Pre-Design” means a brief project description accompanied by site plan,

schedule, and cost estimate.

14. “Preliminary Project Review” means review by the Board to determine

whether and to what extent an activity may become a Proposed Project.

15. “Project” means any activity consistent with the definition of a project under

CEQA as codified in California Public Resources Code Section 21065 and

any associated laws, regulations, and judicial decisions.

16. “Project Application” means an application for a Project submitted after an

Applicant has completed the Initial Service Request process.

17. “Proposed Project” means any Project which is under review by the

Reviewing Department and has not yet been approved by Staff, or the

Board, or both as may be required.

San Diego Unified Port District – Port Code

Section No. 3.08

Article 3 – Tenant Project Review – Definitions

Section 3.08 – Page 4 of 4

18. “Reviewing Department” means one or more District department(s)

responsible for processing Project Applications as designated by the

Executive Director from time to time.

19. “Staff” means District staff as determined by the District’s Executive Director

or their designee.

20. “Substantial Conformance” means a minor change to an Approved Project

which does not require further CEQA review and does not substantially

change the original approval or the effect of the approval on surrounding

property. Changes to Approved Projects including but not limited to the

following, may be found to be in substantial conformance:

a) Necessary to comply with requirements from other public agencies.

b) Made to comply with original conditions of approval.

c) Minor revisions and modifications.

21. “Unsolicited Proposal” means any proposal for Development received by

Staff or the Board which is not the result of a District-initiated solicitation

(Request for Qualifications, Request for Proposals, or other) or submitted

by an existing District tenant pursuant to Board policies.

(Enacted April 3, 2024 – Ordinance 3129)

San Diego Unified Port District – Port Code

Section No. 4.01

Article 4 – Regulation of Vessels – Disabled, Grounded and Beached

Section 4.01 – Page 1 of 4

ARTICLE 4

MARINE OPERATIONS

SECTION NO. 4.01- REGULATION OF VESSELS – DISABLED, GROUNDED AND

BEACHED

(a) Any disabled vessel or any vessel in such condition as to create a danger

to persons or property shall be subject to, and the owner or person in

custody or control of such vessel shall comply with, all orders or directions

of the Executive Director or his or her designee with regard to the disposition

of such vessel.

(b) It shall be unlawful for the owner or person in custody or control of any

vessel or structure to ground or beach said vessel or structure on San Diego

Bay tide or submerged lands for the purpose of performing repairs or

maintenance without the express prior permission of the Executive Director,

or his or her designee.

vessel or structure to ground or beach said vessel or structure on San Diego

Bay tide or submerged lands and leave said vessel unattended. For the

purpose of this Section, a vessel or structure shall be deemed unattended

when the vessel or structure has been beached or grounded and the

owner/operator or watchman does not remain in the immediate area for a

period of more than Three (3) hours. This Section shall not apply to any

designated, dinghy landing area. The grounding,

San Diego Unified Port District – Port Code

Section No. 4.01

Article 4 – Marine Operations – Regulation of Vessels – Disable, Grounded and Beached

Section 4.01 – Page 2 of 2

beaching, launching or retrieving of any vessel or structure in any wildlife

sanctuary or protected lands shall be unlawful.

(d) Any vessel beached or aground in violation of any provision of this Section

shall be subject to removal and storage by any Harbor Police Officer

pursuant to Section 8.25(a) of this Code. The registered and/or legal owner

of the vessel may be liable for all costs related to the removal and storage

of any vessel removed and stored pursuant to this Section. Any violation of

this Section is a misdemeanor.

(Enacted April 5, 1966 – Ordinance No. 215)

(Amended June 15, 1976 – Ordinance No. 730)

(Amended December 13, 1977 – Ordinance 783)

(Amended March 9, 2004 – Ordinance 2283)

San Diego Unified Port District – Port Code

Section No. 4.02

Article 4 – Regulation of Vessels – Berthing and Mooring Section 4.02 – Page 1 of 1

SECTION NO. 4.02 – REGULATION OF VESSELS – BERTHING AND MOORING

Any vessel berthing at a wharf, pier or bulkhead or mooring in the harbor shall be

subject to, and the owner or person in custody or control of such vessel shall comply with,

orders or directions of the Port Director with regard to such berthing or mooring.

(Enacted April 5, 1966 – Ordinance No. 215)

San Diego Unified Port District – Port Code

Section No. 4.03

Article 4 – Regulation of Vessels – Inspection of Vessel, Cargo or Crew

Section 4.03 – Page 1 of 1

SECTION NO. 4.03 – REGULATION OF VESSELS – INSPECTION OF VESSEL,

CARGO OR CREW

The Port Director may at any time enter upon any vessel berthed or moored in the

harbor and inspect said vessel to ascertain its condition, the nature of its cargo or the

condition of its crew.

(Enacted April 5, 1966 – Ordinance No. 215)

San Diego Unified Port District – Port Code

Section No. 4.04

Article 4 – Regulation of Vessels – Speed Regulations Section 4.04 – Page 1 of 1

SECTION NO. 4.04 – REGULATION OF VESSELS – SPEED REGULATIONS

It shall be unlawful for any person to operate a vessel or watercraft in the harbor

at a speed that is greater than reasonable or prudent, having due regard for vessels,

property or persons in said harbor, and in no event at a speed which endangers the safety

of persons or property.

(Enacted April 5, 1966 – Ordinance No. 215

San Diego Unified Port District – Port Code

Section No. 4.05

Article 4 – Regulation of Vessels – Use of Wharf Facilities to Break, Warp or Turn Vessel

Prohibited Section 4.05 – Page 1 of 1

SECTION NO. 4.05 – REGULATION OF VESSELS – USE OF WHARF FACILITIES

TO BREAK, WARP OR TURN VESSEL PROHIBITED

It shall be unlawful to use any wharf or pier to break, warp or turn a vessel, or to

turn or swing a vessel with the stem of such vessel against a wharf or pier.

(Enacted April 5, 1966 – Ordinance No. 215)

San Diego Unified Port District – Port Code

Section No. 4.06

Article 4 – Regulation of Vessels – Mooring to Aids to Navigation

Section 4.06 – Page 1 of 1

SECTION NO. 4.06 – REGULATION OF VESSELS – MOORING TO AIDS TO

NAVIGATION

It shall be unlawful to moor or attach any vessel to any aid to navigation in the

harbor except in an emergency when necessary for the safety of persons or property.

(Enacted April 5, 1966 – Ordinance No. 215)

San Diego Unified Port District – Port Code

Section No. 4.07

Article 4 – Regulation of Vessels – Mooring Restrictions Section 4.07 – Page 1 of 1

SECTION NO. 4.07 – REGULATION OF VESSELS – MOORING RESTRICTIONS

(a) No person shall moor or make fast any vessel to any float, wharf, pier,

harbor facility or structure of any kind in San Diego Bay without the consent

of the owner, agent, or person in lawful possession thereof.

(b) It shall be unlawful for the owner or operator of any vessel that is made fast

or moored to any float, wharf, pier, harbor facility or structure of any kind in

San Diego Bay to fail or refuse to immediately remove such vessel

therefrom after being notified to do so by the owner, agent, or person in

lawful possession of such float, wharf, pier, harbor facility or structure.

(Enacted March 28, 1972 – Ordinance No. 566)

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 1 of 19

SECTION NO. 4.08 – REGULATION OF VESSELS – ANCHORAGES

(a) Purpose

California law (San Diego Unified Port District Act, Harbors and Navigation

Code, Appendix I, Sections 55 and 56) requires the Board of Port

Commissioners to regulate and control the anchoring, mooring, towing and

docking of vessels, and to make and enforce all necessary rules and

regulations governing the use and control of navigable waters within the

District. The purpose of this Section of the San Diego Unified Port District

Code is to implement that responsibility within the anchorages of San Diego

Bay.

(b) Definitions

Certain words and phrases used herein are defined as follows, unless the

context requires a different meaning:

1. “Anchorage” – Any portion of the anchorages which has been

designated by competent authority for the anchoring of vessels.

2. “America's Cup Harbor Moorage” -That body of water lying northeast

of Shelter Island Drive, southeast of Scott Street, south of Harbor

Drive, and northwest of an imaginary line drawn from the Shelter

Island Launching Ramp breakwater and the Naval ASW School

Piers.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 2 of 19

3. “Bay Bridge Roadstead Anchorage” – That body of water within San

Diego Bay lying between Stations 529 and 531-A on the combined

U.S. Pierhead-Bulkhead Line as established by the Army Corps of

Engineers in 1969, on the east, the City of San Diego-City of

Coronado adjudicated boundary line on the north, the State of

California northerly right-of-way line for the San Diego-Coronado Bay

Bridge on the south, and Stations 529 and 531 on the former U.S.

Pierhead Line, as established by the Army Corps of Engineers in

1963, on the west.

4. “Embarcadero Moorings” – Those Mediterranean moorings located

between the north side of Grape Street Pier No. 1 and the United

States Coast Guard Station in the City of San Diego within the areas

bounded by the face of the wharf and extending bay ward a distance

of 200 feet.

5. “Laurel Street Roadstead Anchorage” – That body of water located

between the safety zone of the United States Coast Guard on the

north, the commercial piers at the foot of Hawthorn Street on the

south, and the pierhead line on the west.

6. “Shelter Island Roadstead Anchorage” – Those areas included within

that body of water within San Diego Bay, triangular in shape,

containing 1,066,337 square feet of 24.5 acres of water-covered

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 3 of 19

area lying between Stations 429 and 435 on the combined U.S.

Pierhead-Bulkhead Line as established by the Army Corps of

Engineers in 1965, on the west, the southeasterly prolongation of

Stations 435 and 437 of the said combined U.S. Pierhead-Bulkhead

Line, on the north, the westerly limits of an easement (P.A. Permit

No. 4716.9) granted by the State of California to the City of San

Diego in 1972, on the east, more particularly described as follows:

Anchorage 1a generally being that area lying southeasterly of

Shelter Island and between boundary markers A and B; Anchorage

1b generally being that area lying southeasterly of Shelter Island and

southwesterly of the existing boat launching facilities and between

boundary markers C and D; and Anchorage 1c generally being that

area lying southeasterly of Shelter Island and northeasterly of the

existing boat launching facilities and between boundary markers E

and F.

7. “Anchoring” – Attachment of a vessel to the bottom or the shore of

San Diego Bay, using equipment, lines, rope, chain or cable which is

carried onboard the vessel as regular equipment when underway.

8. “Ark” – A vessel which is incapable of navigating over the surface of

the high seas, as defined herein, or which is incapable of getting

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 4 of 19

underway; or which does not have proof of Coast Guard safety

inspection and registration; or which does not have a Department of

Motor Vehicles registration; or which has no propulsion system, as

defined herein.

9. “Dinghy” – A small boat propelled by oars, sails or motor which is

capable of being carried aboard the vessel and which does not

exceed Twelve (12) feet in length, provided, however, upon prior

written authorization from the Executive Director of District or his

designated representative, said dinghy may be longer than said

Twelve (12) feet.

10. “Dinghy Dock” – A dock designated for tie up of dinghies.

11. “District” – The San Diego Unified Port District.

12. “Dock” – A non-floating structure designed and constructed for the

mooring of vessels, includes wharf or pier as defined in this Section.

13. “Executive Director” -Executive Director of San Diego Unified Port

District or his authorized designee.

14. “Fire Access” – A clear zone on either land or water which is set aside

for the accommodation of firefighting vessels or equipment.

15. “Floating Residence” – An ark with liveaboards.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 5 of 19

16. “Gray Water” – Shower water that does not have any toilet, sewage,

waste or polluted bilge water within it.

17. “High Seas” – Those waters outside of San Diego Bay beyond an

imaginary line between Zuniga Jetty Light "Z" and Point Loma Light.

18. “Inland Waters” – Those waters of San Diego Bay lying northerly and

easterly of an imaginary line drawn between Zuniga Jetty Light "Z"

and Point Loma Light.

19. “Landing” – A portion of the shore, unimproved, or improved with

marine structures, floats, or otherwise designated as a place for

small boats to land.

20. “Liveaboard” – Any person who shall occupy a vessel with the intent

that such vessel shall be his or her sole residence.

21. “Major Repairs or Maintenance” – Welding or spray painting on the

exterior of a vessel, exterior sandblasting, and any work beyond

repair or replacement of electrical equipment, mechanical or

hydraulic components, or repair and adjustment to machinery which

remains onboard the vessel.

22. “Marine Sanitation Device” – Toilet equipment (United States Coast

Guard Approved) designed to receive human waste onboard the

vessel.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 6 of 19

23. “Moorage” – Any portion of anchorages which has been designated

by competent authority as a place for vessels to moor.

24. “Moor (verb)” – To fix a floating vessel to the bottom in one location,

temporarily or permanently, by the use of cables, lines, chains, or

other equipment remaining attached to the bottom at all times.

25. “Mooring Permit” – A document conferring the right to use the buoy

or mooring device described and identified in said Mooring Permit for

a prescribed period.

26. “Permittee” – The legal owner, operator or individual in possession

of a vessel, using a mooring by authority of the District, under a

Mooring Permit.

27. “Pier” – A structure built upon pilings driven into the bay bottom,

designed and outfitted for the mooring of vessels.

28. “Propulsion System” – A system which is designed to propel a vessel

through the water. A propulsion system may include, but is not limited

to sails, internal combustion engines, steam reciprocating or turbine

engines, gaseous or liquid jets.

29. “Seaworthy” – Describes a vessel in good material condition which

is not likely to sink or become a menace to navigation or a nuisance,

and which is capable of getting underway and navigating over the

surface of international waters or high seas.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 7 of 19

30. “Sewage” – Human body waste, either treated or untreated.

31. “Slip” – A vessel's mooring space.

32. “Transient Vessel” – As applied to mooring; migratory means

remaining for a short and indefinite time – as between ports on a

voyage – temporary and irregular. As applied to a mooring permit, a

vessel applying to stay in San Diego Bay for up to Thirty-One (31)

days.

33. “Vessel” – A structure designed to float upon the surface of a body

of water.

34. “Waste” – Sewage and all other waste, substances associated with

human habitation; or human or animal waste.

35. “Wharf” – A non-floating structure constructed parallel to the

shoreline, designed and outfitted for the mooring of vessels.

The Executive Director of District or his designated representative shall

have authority to enforce the provisions of this ordinance and all lawful

regulations and laws affecting the anchorages. It shall be the duty of the

Executive Director or his designee to:

1. Carry out and enforce the orders of the Board of Port Commissioners

of District, the provisions of this ordinance, and all regulations and

laws affecting the anchorages.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 8 of 19

2. Assign moorings to vessels within the anchorages.

3. Execute, on behalf of the District, Mooring Permits for the

assignment of moorings to vessels within the anchorages.

4. Order any vessel improperly moored, anchored, or in violation of any

provision in this Section or any applicable ordinance, to change its

position to one he shall designate, or to remove same from the

anchorages, and in the event his orders are not compiled with, to

cause such vessel to be moved and to collect the cost thereof from

such vessel, Permittee, or owner.

5. Report promptly to the proper authorities any violation of the laws of

the United States for the protection of navigation or any violation of

the State or local laws or regulations.

6. Insure through inspection that all vessels mooring in the anchorages

are in compliance with all navigational, maritime, Federal, State,

local and District laws and regulations, including but not limited to

those mentioned in this Section.

(d) Removal of Vessel – Upon the expiration of a Mooring Permit or the sooner

termination as herein provided, the owner, after receiving notification by

Certified Mail, will remove within Thirty (30) days the vessel, debris, and

other materials from the water area forming a part of or adjacent to the

mooring, so as to leave the same in as good condition as

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 9 of 19

when first occupied. If any said vessel, debris, and other material shall not

be so removed within Thirty (30) days, District may remove the same at the

expense of the owner; and the District will charge the owner the cost of such

removal.

(e) Mooring Assignment

a) No person (including the owner, master, operator or person in

legal control and custody of a vessel) shall moor or anchor a

vessel at or in the anchorages without first having secured a

Mooring Permit from the District in the form and manner

provided therefor. Proof of vessel ownership shall be

presented upon application for a mooring permit; provided,

however, a person who notifies the District, in writing, that the

vessel is not presently owned but is being acquired or

purchased by that person, and proof of ownership of the

vessel in the name of such person will be provided to the

District within Sixty (60) days, may file such an application and

pay the application fee, provided further if such proof of

ownership of the vessel is not provided within Sixty (60) days

after such filing, the application shall be void and the

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 10 of 19

application fee shall be retained by the District. In addition, the

person's name shall be removed from the waiting list.

b) Mooring Assignments shall be made from a separate

chronological waiting list for each District anchorage. The list

is available at the District Clerk's office. There shall be a

separate non-refundable mooring application fee for each

waiting list equal to One-Half (1/2) of the mooring fee

established for a One (1) calendar month period. Said

application fee shall be applied as payment towards the

monthly mooring fee. Persons requesting a consecutive

mooring assignment in the same mooring area shall not be

required to submit an application. A vacant mooring will be

offered first to that person highest on the list for that size

mooring, and then, if refused, in sequence to those next on

the list. Notifications of available vacant moorings will be

made by mail and applicant must respond and execute a

Mooring Permit within Ten (10) working days or their name

shall be removed from the waiting list. The application fee

shall be forfeited if the applicant withdraws his/her name from

the waiting list or refuses to accept a vacant mooring within

the response period provided to the applicant.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 11 of 19

c) No more than One (1) Mooring Permit shall be issued to any

owner, master, operator or person in legal control and custody

of One (1) or more vessels. Once a mooring buoy is assigned

for a Twelve (12) Month period, the Director of Marine

Operations, or his authorized designee, shall have the

authority to reassign the Permittee to another buoy after the

District notifies the Permittee by Certified Mail of such

reassignment. Notwithstanding, on an emergency basis as

determined by the District, reassignments without notice can

be made by the District.

d) After Thirty-One (31) days of continuous permitted use, a

given transient vessel will have at least a Fourteen (14) day

wait period before being considered for a mooring

assignment.

e) District may assign up to Twelve (12) temporarily unassigned

moorings for use by transient vessels for up to Thirty-One (31)

days.

2. In order to receive a mooring assignment, the execution of a Mooring

Permit is required. In addition, verification of ownership, verification

of registration, verification of insurance, and inspection for

seaworthiness, sanitary facilities, waste containers, safety and

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 12 of 19

fire suppression equipment and other safety and health-related

equipment required by existing laws is required.

3. Vessels must have a propulsion system and be able to get underway

on demand and navigate upon the high seas.

4. Mooring assignments are for One (1) vessel only and cannot be

transferred to another party or vessel without the written approval of

the Executive Director. Only One (1) transfer per year of a Mooring

Permit from one vessel to another vessel is allowed. Such transfer

must be under the same ownership and occupy the same mooring

buoy.

5. A mooring assignment must be accepted within Ten (10) working

days of notification, by payment of applicable fees and deposits.

(f) Mooring Purposes Only – A Mooring Permit shall authorize the holder

thereof to use the facilities for mooring purposes only and grants no further

rights, privileges or uses. Additional or varying uses shall not be allowed

except as provided in the ordinances and regulations of the District.

(g) Reassignment of Mooring Space – The District may, from time to time,

require the reassignment of mooring space to Permittee. Permittee will be

notified by Certified Mail of such reassignment by the District and shall,

within Thirty (30) days of receipt of such notice, move its vessel to such

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 13 of 19

reassigned space. Failure to so move a vessel, within the Thirty (30) day

period, shall be cause for revocation of the Mooring Permit and Permittee's

vessel may be removed thereafter by District. Such failure shall also be a

violation of the District Code, Section 4.07.

(h) Notice of Cancellation of District – Permittee shall give the District Thirty

(30) days’ notice of cancellation of the Mooring Permit. Mooring Permit fees

will be prorated to the date of cancellation so given. Any remaining prepaid

fees shall be returned to Permittee within Thirty (30) days following such

cancellation.

(i) Refusal to Issue Mooring Permit – District shall have the right, at all times,

to refuse to issue or reissue a Mooring Permit to any vessel unless it is

seaworthy, properly maintained, and does not present a danger to District's

property or other vessels.

(j) Mooring Fees – Mooring fees and charges for Mooring Permits shall be

adopted by resolution of the Board of Port Commissioners.

(k) Payment of Mooring Fees – The first month's mooring fees and other

charges are payable in full at the time of issuance by District of the Mooring

Permit. All mooring fees and charges for use of slip for less than Thirty-One

(31) days shall be payable at the time of the issuance of the Mooring Permit

by District. Mooring fees and charges for use of a slip for a period greater

than Thirty-One (31) days shall be payable before the Tenth

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 14 of 19

(10th) day of the month. A Fifteen Dollar ($15.00) late fee shall be due and

payable if a mooring account remains due and unpaid after the Ninth (9th)

day of the month.

(l) Security Deposit – For long-term Mooring Permits, more than Thirty-One

(31) days, the District shall charge, in addition to the above fee for a Mooring

Permit, a security deposit which shall be a sum equal to Two (2) month's

mooring fees, or the total amount of the fees charged if the time for fee is

less than Two (2) months. The Mooring Permit shall provide for this method

of such deposit.

(m) Change of Mooring Fees -The District reserves the right to change the

mooring fees upon Thirty (30) days’ notice, by depositing such notice in the

United States Mail, directed to the Owner or Operator of the vessel as

shown on the front page of the Mooring Permit.

(n) Tampering With or Boarding Vessels – It shall be unlawful for any person

to willfully injure, break, remove or tamper with any part of any vessel in the

Anchorages, any waterway or facility thereof, or to climb into or upon any

vessel without the consent of the owner unless in the performance of official

duties or to protect life or property.

(o) Vessel Inspection – The District reserves the right as provided by law to

inspect any vessel moored, or requesting moorage, for proper safety,

sanitation, mechanical, or other devices or equipment as may be

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 15 of 19

prescribed by law. The District will give reasonable notice to the owner of

any vessel of such inspection authorized by the District for the purpose of

health and welfare concerns.

(p) District may accept proof of successful completion of a United States Coast

Guard Auxiliary Courtesy Marine Examination as evidence of fulfilling this

requirement in Section (o), above.

(q) Insurance – Permittee shall maintain insurance satisfactory to the District

and in the form and amounts to be determined by the District. Permittee

shall be required to hold harmless and indemnify the District.

(r) Port's Right Upon Nonpayment or Abandonment – In the event moorage

charges or any other charges due to the San Diego Unified Port District

become delinquent or if the vessel is deemed abandoned, the District may,

at its option, secure and take possession of the vessel so that it cannot be

removed from District facilities until all charges then owing and any charges

which shall thereafter accrue are fully paid. Measures taken by the District

shall give notices as required by law prior to securing vessels; however, no

prior notice of such action is required in the case of transient vessels or

abandoned property. After Sixty (60) days the boat or other property may

be sold at public auction. The District shall give such notices as are required

by law.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 16 of 19

(s) Address Changes – Permittee is responsible for notifying the District of all

changes. All notices shall be deemed properly mailed to Permittee when

mailed to the last address provided to the District in writing by the Permittee.

(t) Refuse

1. No person shall throw, discharge or deposit from any vessel or from

the shore or float, or in any other manner, any refuse matter, sewage,

waste, fish parts, polluted bilge waters, or garbage of any kind

whatsoever into or upon the water of the anchorages, or in, or upon

the banks, walls, sidewalks, parking area, or any waters within the

boundaries of the Harbor.

2. No person shall dump or discharge oil, spirits, flammable liquid or

polluted bilge water into the anchorages. All garbage shall be

deposited in receptacles.

3. No person onboard any vessel moored in the anchorages shall use

the toilet onboard such vessel unless it is equipped with a suitable

marine sanitation device or other approved device for sewage

retention that is in proper working order.

4. No person shall place or leave dead animals, fish, shellfish, bait, or

other putrefying matter on or along seawalls, harbor structures,

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 17 of 19

floats, piers, sidewalks or parking areas of any anchorages or throw

or deposit such materials in the waters of such areas.

5. Pets shall not be allowed to commit any nuisance within any

anchorages and the owners of said pets shall be responsible for

cleaning up any nuisances or mess left by said pet. Dogs and other

pet animals shall not be allowed on any dock, pier or on any

anchorage grounds except while on a leash.

(u) Wharves, Floats and Piers

1. All vessels must be secured so that no part, including bowsprit,

boom, boomkin or equipment shall extend into any portion of the

access lane.

2. As defined in this Section, major repairs or servicing of a vessel in

any anchorage is prohibited except upon the prior written

authorization of the District. Vessel maintenance work shall be

limited to that required to maintain a vessel seaworthy and in

operable condition.

3. No person shall engage in exterior spray painting in any anchorage

except as is authorized by the Executive Director or his authorized

designee. The sanding of surfaces shall be by hand or small power

sander only; and all persons sanding surfaces and/or painting shall

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 18 of 19

make all necessary efforts to control all sand, paint and dust and

keep the same out of the anchorages.

4. No person shall display on any vessel a "For Sale" sign in excess of

One Hundred Fifty (150) square inches on the face.

5. At such time as it may become necessary to perform work onboard

a vessel involving use of welding or burning equipment, every person

intending to engage in welding or burning onboard a vessel shall

notify the District of the nature and extent of the proposed work, the

workman or company doing the work, and the date and time the work

shall be performed. This notification shall be given to the District prior

to the start of the work and, whenever practical, at least One (1) day

before the work is to be performed. All such work of welding or

burning shall be performed only at an appropriate location or special

anchorage. No person shall engage in welding or burning onboard a

vessel in any location.

6. All construction materials, refuse, spare parts, surplus equipment or

any other such material not needed for the direct operation of the

vessel or the reasonable accommodation of the crew or passengers

of the vessel shall be stored within an enclosed space on the vessel.

Lighter vessels, barges or similar floating conveyances are

prohibited.

San Diego Unified Port District – Port Code

Section No. 4.08

Article 4 – Regulation of Vessels – Anchorages Section 4.08 – Page 19 of 19

7. Mooring lines shall be provided by the Permittee using a slip and

shall be of sufficient number, strength and size to ensure that vessels

remain securely moored under all conditions.

(v) Uses Prohibited

1. No business or commercial enterprise, including charters and

vessels carrying passengers for hire, shall be conducted.

2. The tying/lashing of boats, dinghies or other small craft to any vessel,

dock, wharf, pier or float, is prohibited except by written permission

of the owners of said device, or the District, whichever is appropriate.

No more than Two (2) dinghies or other small craft used for

transportation to or from a vessel shall be permanently tied or lashed

to a vessel without the written permission of the District.

3. No mooring space shall be used for a floating residence or ark at any

time.

(w) Fishing

1. No person shall engage in fishing from the shore improvement

walkways, fingers, or floats of any anchorage.

(Enacted June 9, 1998 -Ordinance No. 1982)

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 1 of 18

SECTION NO. 4.09 – REGULATION OF VESSELS – TUNA HARBOR BASIN

1. Commercial Fisherman Permit Holder - A “commercial fisherman permit

holder,” as reference in Port of San Diego Tariff No. 1-G, Item No. 0525, is

defined as the named owner/operator of a vessel that meets the

requirements of a “Commercial Fishing Vessel” as shown in Port of San

Diego Tariff No. 1-G, Item No. 0445 who has been issued a permit to moor

at the Tuna Harbor Basin Commercial fishing facility. Owners of multiple

vessels will require a separate permit for each vessel.

2. Permission Required - No person shall moor a vessel at the Tuna Harbor

Basin commercial fishing facility without permission from the District in the

form of (1) a mooring permit, (2) a temporary mooring assignment, (3) an

in-transit vessel berth assignment from the Executive Director or his/her

authorized representative, or the vessel is taking shelter in accordance with

Section 4.09.5. The Executive Director shall have the authority to determine

the terms and conditions of any such permits and assignments, including

without limitation restrictions as to safety, traffic, congestion, protection of

persons, and property and the environment, in addition to the requirements

contained herein. Each vessel requires a separate mooring permit,

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 2 of 18

temporary mooring assignment, or in-transit vessel assignment regardless

of owner.

3. Mooring Permits - Mooring permits shall be for a period of time not to exceed

twelve (12) months, subject to termination at any time upon thirty (30) days

prior written notice. In order to be eligible for a mooring permit the

owner/operator of each vessel shall comply with all of the following

requirements, prior to April 30

of each calendar year, and submit

verification of such requirements to the Port District in such form as is

acceptable to the Executive Director:

a) The owner/operator of each vessel shall submit a completed permit

application form provided by the Port District.

b) The owner/operator of each vessel shall provide documentation to

establish proof of ownership by submitting either the vessel’s

California Department of Motor Vehicles (DMV) undocumented

vessel certificate number (CF) or United States Coast Guard (USCG)

certificate of documentation.

c) Each vessel shall have a valid Commercial Boat Registration from

the California Department of Fish and Wildlife for the forthcoming

year.

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 3 of 18

d) Each vessel owner/operator shall have and likewise present a valid

commercial fishing license from the California Department of Fish

and Wildlife for the forthcoming year.

e) The owner/operator of each vessel shall submit written

documentation to the Port District that the vessel is assessed at the

commercial fishing vessel rate by some state and/or county within

the United States of America.

f) The owner/operator shall provide the Port of San Diego proof of

commercial fishing activity sufficient to demonstrate annual

qualifying amounts from the California Department of Fish and

Wildlife using the “Information Request Form for Commercial

Landing/CPFV Logbook information.” Annual qualifying amounts are

as follows:

i) Vessels of thirty (30) feet length overall and below – five

thousand dollars ($5,000.00).

ii) All other vessels exceeding thirty (30) feet length overall – ten

thousand dollars ($10,000.00).

iii) A vessel exceeding said thirty (30) feet may be made subject

to subparagraph i) above and not ii) if said vessel is granted a

waiver by the Executive Director or his/her authorized

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 4 of 18

iv) representative because of its configuration and capacity to

engage in commercial fishing. Such waiver shall be

discretionary and shall be supported by reasoning in writing,

which shall be filed with the Office of the District Clerk. Denied

waivers will be reconsidered with a review of all original

documents and any additional evidence by the Executive

Director, whose final decision will be binding.

g) The dockage for a six (6) month period shall be paid in full, in

advance, at the time a mooring permit is issued for mooring of the

vessel. The dockage shall be based on the length overall of the

vessel and measured in accordance with Port of San Diego Tariff No.

1-G, Item No. 0550. Dockage for any subsequent additional period

not to exceed six months must also be paid in full in advance of the

subsequent period.

h) All vessels requesting a Tuna Harbor berthing permit are required to

provide proof of marine insurance in the following coverage and

liability limits: Owner/Operators of commercial fishing vessels shall

provide proof of Protection & Indemnity (P&I) insurance with limits of

liability not less than $300,000. Such insurance shall include

coverage for bodily injury including death and medical expenses as

well as property damage including coverage for removal and wreck

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 5 of 18

including expenses and costs to dispose of and remove

contaminants connected with the vessel. San Diego Unified Port

District shall be named an Additional Insured.

i) All vessels must meet federal requirements as found in 46 CFR Part

28 – Requirements for Commercial Fishing Industry Vessels and

USCG’s “Safety Initiatives and Good Marine Practices for

Commercial Fishing Industry Vessels.” In addition, all vessels must

maintain a valid Commercial Fishing Vessel Safety decal (CFVS)

issued within the past two years, including those that are currently

exempt.

j) A review of the prospective applicant’s financial responsibility may

be required. A prospective applicant (mooring permittee) is defined

as an owner/operator who has not occupied a slip at the Tuna Harbor

Basin at any time during the previous 12-month period from the time

of application.

k) District reserves the right to deny a permit to any applicant that

violated a previous District permit, had a previous District permit

revoked, or otherwise failed to comply with applicable rules at it

relates to this ordinance. District staff shall provide a written notice

of denial which will include an appeals process.

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 6 of 18

4. Temporary Mooring Assignment - Upon application, the Executive Director

may, in his/her judgment, find that unavoidable accident, unusual

occurrences, including but not limited to medical incapacity of the operator,

temporary inoperability of the vessel, or other unusual circumstances may

relieve the boat owner/operator from the active fishing vessel proof

requirements. In such cases, a temporary mooring assignment may be

issued on a month-to-month basis during the continuation of such unusual

circumstances, for a total period not to exceed six (6) months. All

requirements for a mooring permit set forth in Section 4.09.02 that are not

explicitly waived shall continue to apply to temporary assignments.

5. In-transit Vessel Berth Assignments – The owner/operator of an in-transit

commercial fishing vessel may apply for an in-transit vessel berth

assignment and may be authorized to moor at the facility for a period of time

not to exceed twenty (20) days within any continuous thirty (30) daytime

span. At the discretion of the Executive Director this time limitation may be

extended upon showing a bona fide need.

a) An in-transit commercial fishing vessel is defined as a commercial

fishing vessel, which is not permanently home-ported in San Diego

Bay. An in-transit berth assignment may be authorized subject to the

following requirements:

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 7 of 18

i) The owner/operator of each in-transit commercial fishing

vessel shall submit a completed berth reservation form

provided by the Port District.

ii) The owner/operator of each in-transit commercial fishing

vessel shall pay, in advance, the dockage for in-transit

commercial fishing vessels as provided in Port of San Diego

Tariff No. 1-G, Item No. 0570(B).

iii) The owner/operator of each in-transit commercial fishing

vessel shall comply with requirements in Section 4.09.03

subparts b, c, d, e, h and i as referenced above.

iv) All persons requesting an in-transit vessel berth assignment

are required to provide proof of marine insurance in the

following coverage and liability limits: Owner/Operators of

commercial fishing vessels shall provide proof of Protection &

Indemnity insurance with limits of liability not less than

$300,000. Such insurance shall include coverage for bodily

injury including death and medical expenses as well as

property damage including coverage for removal and wreck

including expenses and costs to dispose of and remove

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 8 of 18

contaminants connected with the vessel. San Diego Unified

Port district shall be named an Additional Insured.

v) All in-transit vessels berthed at Fish Harbor Pier must have a

crew member aboard the vessel 24 hours a day.

6. Shelter - A vessel captain or operator using a facility of the Port of San

Diego, without an application, or having taken shelter at a facility due to

extreme conditions of weather or distress, will do so at his/her own risk and

will immediately notify Port District of the situation. At the discretion of the

Executive Director, the vessel its owner(s), agent(s), and charterer(s) may

be held responsible for any and all charges, damages, and losses of any

nature whatsoever that result from taking and using such facility, upon

alleviation of extreme weather conditions or distress conditions, vessel shall

immediately vacate Port of San Diego facilities. If vessel repair is necessary,

prompt, and immediate repair of vessel shall occur and written proof of due

diligence concerning the repair of vessel, such as job orders and purchase

orders shall be submitted to the Port’s Maritime staff.

7. Rules for Overnight Commercial Fishing Activities or Preparations – No

owner/operator of a vessel berthed at the Tuna Harbor Basin shall allow

any person to occupy the vessel as a place of residence or overnight

accommodation, nor shall any person occupy such a vessel as a place of

residence or overnight accommodation except as allowed below:

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 9 of 18

a) If authorized by the Executive Director or his/her designated

representative, owner/operators and crew members, who are

actively engaged in commercial fishing activities or preparations,

may stay on their vessel overnight not to exceed 7 nights in any 10-

day period. No others are allowed overnight stays on such vessels.

At the discretion of the Executive Director this time limitation may be

extended upon the showing of a bona fide need.

b) If authorized by the Executive Director, or his/her designated

representative, owner/operators and crewmembers of in-transit

commercial fishing vessels may stay onboard overnight while the

vessel remains an in-transit commercial fishing vessel. No others are

allowed overnight stays on such vessels.

c) Requests for overnight stays can be initiated by contacting the Port’s

Maritime Office at 619-686-6345 (24/7 contact number).

8. Environmental – All permittees must comply with the Port Code 10.5

(Prohibitions) and 10.6 (Best Management practices)

9. Sanitation Facilities - All vessels moored at Tuna Harbor are required to

have adequate sanitation facilities on board, at all times. Adequate

sanitation facilities are considered to be fully operational Type I, II, or III

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 10 of 18

Coast Guard-approved marine sanitation device or portable toilet that

prevents direct discharge of human waste into the harbor.

10. Illegal Discharge – No person shall discharge, or allow to be discharged any

oil, sewage, grey water, or other materials into the waters or upon the lands

of the Port District and shall obey, and comply with all applicable laws, rules

and regulations adopted by federal, state, District or other local government

bodies, including without limitation environment laws.

11. Dock Modification – No modifications or permanent attachments shall be

made to the permittee’s slip and adjacent areas except by the District or its

contractors.

12. Authorization Prior to Slip Move – Permittees are assigned a specific dock

slip location. Usage of unassigned dock slip location is not permitted without

approval from the District’s Maritime staff. Permittees with multiple slips are

permitted to shift Vessels within their assigned slips without prior

authorization, as long as the slip being utilized is adequate for the size of

vessel.

13. Additional Vessels/Floats – Permittees are not authorized to attach or store

skiffs, floats, or other vessels to the permitted vessel, floating docks, or piers

except for the purpose of active vessel operations. No long-term (longer

than 72 hours) attachment or storage will be permitted.

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 11 of 18

14. Sale of Vessel – For Sale signs are allowed on permitted vessels within

Tuna Harbor Basin, but sign dimensions should not exceed 24” X 36”, no

more than four (4) signs allowed per vessel, and all signs may only be

affixed to the vessel.

15. Transfer of Ownership – District’s Maritime Staff must be notified prior to

any vessel transfer of ownership. Slip permits are not transferrable. New

owners will be required to submit all applicable documentation to Maritime

Staff in order to obtain a slip at Tuna Harbor.

16. Storage – No person shall store, or cause to be stored, any supplies,

materials, accessories, motors, debris, refuse, or garbage on any approach

ramp, head walk, or finger float within Tuna Harbor Basin, without prior

authorization from the District’s Maritime staff. The floating docks are

intended for vessel berthing and transferring cargo, equipment, and

supplies, not for long-term storage. The District will allow up to 48 hours to

transfer gear/equipment to and from the vessel. Additionally, the District will

permit the usage of one dock box per vessel no greater than 35 Cubic feet.

17. Parking – Vehicles utilizing Tuna Harbor’s commercial fishing parking lot

must have a valid parking decal from the District. No more than one parking

permit decal per vessel; however, the Executive Director or their designee

is authorized to issue additional parking permits based on space availability

and demand at the rate outlined in the District’s Tariff.

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 12 of 18

18. Long Term Parking – Permittees parking for more than seven days must

notify and receive authorization from the District’s Maritime staff.

19. Dock Gates – Gates and doors to all floating docks within Tuna Harbor

Basin must always remain locked. Wiring open or impairing gates and locks

is prohibited. Additionally, permittees are not authorized to share gate

access codes.

20. Authorization for Common Use Areas – All commercial fishing vessels must

receive prior authorization from the District’s Maritime staff for use of Tuna

Harbor’s common use areas. Common use areas include Fish Harbor Pier

inner G St. Mole Pier slip, and Dock 1 loading dock slip.

Note: Fish Harbor Pier is a public pier primarily used to berth in-transit

commercial fishing and to allow permitted vessels additional dock apace to

conduct net mending, fish offloading, and other activities related to servicing

commercial fishing vessels.

21. Delinquencies – All charges for services rendered or for the use of any

terminal facility are due and payable as they are incurred. The executive

Director may, at his/her discretion, require that charges, which are assessed

against the vessel, its owners, operators, or agents, be paid before the

vessel leaves its berth. The Executive Director may also require that

charges accrued against cargo be paid before removal of such cargo from

the terminal. Any firm, corporation, or person that fails to pay bills covering

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 13 of 18

dockage or wharfage charges that remain due and unpaid for a period of forty-five

(45) days after the first day of any renewal quarter shall be considered

delinquent and must thereafter:

a) Pay all charges, in cash, in advance of handing any ship or cargo

under any circumstance at the Port of San Diego; or

b) Place a deposit with the Executive Director an amount sufficient to

guarantee the payment, upon presentation of all bills incurred by, for

or on behalf of such person, within a one-month period.

22. Vehicle Access, Fish Harbor Pier – No Person shall drive a vehicle on Fish

Harbor Pier without prior authorization from the District’s Maritime staff.

Failure to comply may result in a citation from the District’s Harbor Police

Department.

23. Vehicle Access, Tuna Harbor Mole Pier – Vehicle access on Tuna Harbor

Mole Pier is authorized only for vehicles actively working against a permitted

vessel. Unattended vehicles are not authorized, and all vehicles must stay

within the solid red line to maintain a fire lane for emergency access. Failure

to comply may result in a citation from the District’s Harbor Police

Department.

24. Live Bait or Catch Receivers – Any live bait and/or catch receivers will be

subject to all rules and regulations pertaining to vessels and must stay

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 14 of 18

within the vessel’s assigned slip area. Receivers must be labeled with the vessel

name in which they service.

25. Loading of Passengers – Except for vessels operating under the terms of a

special permit issued by the District, no person shall load or allow the

loading of passengers for hire on any vessel, commercial or otherwise,

within the Tuna Harbor Basin.

26. Vessel Maintenance – Unified Port District Code Sections, 10.05 and 10.06

are applicable to any maintenance/repairs identified in this section.

Note: Net mending and removable fishing gear repair not applicable to this

section.

a) Vessel maintenance work within the Harbor shall be limited to that

ordinarily required to keep the vessel seaworthy and in good

condition. Minor repairs to and routine maintenance of a vessel may

be made or accomplished in the assigned berthing or mooring space,

provided all work is done within the confines of the vessel and not

carried on in any manner whatsoever upon the floats or piers, into

the water, or onto neighboring vessels.

b) Spray painting is strictly prohibited, except for airbrush painting

required for boat numbering and names.

c) Major repairs which include, but are not limited to, construction,

repair, or replacement of structural members or portions of the vessel

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 15 of 18

are prohibited, except by advance request and written authorization will be

given within a 24-hour period from the District’s Maritime staff. The

criteria used for granting such a request shall be largely based on

the ability of all materials used by or produce from the project to be

completely contained in or on the vessel, and that a nuisance to

neighboring vessels will not occur.

d) Use of welding, burning torch or other open flame apparatus requires

prior written permission from the District’s Maritime staff.

e) In no event shall maintenance work performed to a vessel result in

damage to District facilities, including paint marks, drill holes, burn

marks, and spilled fuel, oil, paint or solvents. The permittee shall be

financially liable for the repair or restoration of any such damage,

even if it is caused by relatives, employees, or contract workers of

the owner. District-provided trash bin/dumpsters shall not be used for

any excessive waste created from additional maintenance/repairs

done to vessels. Vessel owners are responsible for disposing

excessive waste from maintenance/repairs off-site.

27. Displays – Non-navigational flags or banners are prohibited from being

displayed on vessels while docked at a slip within Tuna Harbor Basin.

28. Inoperable Vessels – Vessels berthed, moored, or anchored in Tuna Harbor

must be operable, maintained in a seaworthy condition, and be a design

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 16 of 18

suitable for operation on the open waters of San Diego Bay in the typical range of

sea conditions. If the District has cause to question the operability of a

vessel, a District representative may request a demonstration of the

vessel’s operability. Thirty days written notice shall be given to the vessel’s

owner for such a request. In cases where a vessel is found to be inoperable,

the owner shall have sixty days to complete repairs to make vessel

operable. If after sixty days the boat is still inoperable, the permit will be

revoked, and the vessel must be removed within ten days. This section is

not intended to apply to any brief period of repair common to most vessels.

The District’s Maritime staff may repeat the request to test operability as

needed. The Executive Director or his/her designee may grant additional

time for major maintenance items on a case-by-case basis. Additional time

will be taken into consideration for regulatory requirements or permittees

making vessel improvements through a government program or grant

process. It is not the intention of this exemption to allow for long-term

storage of unused maritime hardware.

29. Violations – The San Diego Unified Port District may institute legal action in

any court of competent jurisdiction against any person who violates any

provisions as set forth in the Tariff published by the San Diego Unified Port

District (Refer to Tariff No. 1-G, Item No. 0300), The Executive Director is

authorized to remove any vessel from the assigned mooring area to the

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 17 of 18

nearest vessel impound or other place, within the Port of San Diego, when any

vessel is moored in violation of any applicable law or regulation, including

without limitation this Section 4.09 and any approved berth reservation

issued pursuant thereto. In the event of removal, the registered owner shall

be informed promptly of the impound location and be provided an

opportunity to remove vessel.

30. Notice of Violations – Any permit holder, crew member, contractor or

associate of a vessel found to be out of compliance with any of the

provisions found in this ordinance shall be notified of any such violation by

mail and by a Notice of Violation sticker with detailed information of such

violation being placed on the vessel and/or equipment by the District’s

Maritime staff.

31. Appeals Process – In the event the Port District issues Notice of Intent to

Evict a permitted vessel or denies a permit based on 4.09.03.k, the permit

holder or denied applicant shall be given the right to file a written appeal to

the Executive Director which shall be delivered or mailed to the District

Clerk. The permit holder shall have ten (10) calendar days from the date of

the Notice of Intent to Evict or denial of permit based on 4.09.3.K to file the

appeal. The decision of the Executive Director shall be final.

(Enacted March 6, 1984 – Ordinance No. 1064)

San Diego Unified Port District – Port Code

Section No. 4.09

Article 4 – Regulation of Vessels – Tuna Harbor Basin Section 4.09 – Page 18 of 18

(Amended December 19, 1995 – Ordinance No.

1785)

(Amended December 11, 2018 – Ordinance No. 2932)

(Amended December 14, 2021 – Ordinance No. 3032

San Diego Unified Port District – Port Code

Section No. 4.10

Article 4 – Terminal Operator Defined Section 4.10 – Page 1 of 1

SECTION NO. 4.10 – TERMINAL OPERATOR DEFINED

A Terminal Operator shall be any person offering to perform for the general public

the following services in connection with a common carrier by water in interstate or foreign

commerce upon facilities of District facilities:

(a) The handling, storing and/or delivering such merchandise and cargoes;

(b) Such additional accessorial services as may be required in connection with

such merchandise and cargoes, including but not limited to the loading,

unloading, marking, labeling, and transferring.

(Enacted May 10, 1966 – Ordinance No. 227)

(Amended October 8, 2013 – Ordinance No. 2741)

San Diego Unified Port District – Port Code

Section No. 4.13

Article 4 – Terminal Operator Agreements Required Section 4.13 – Page 1 of 1

SECTION NO. 4.13 – TERMINAL OPERATOR AGREEMENTS REQUIRED

(a) It shall be unlawful for any person to perform terminal operator services

upon facilities of the District, as such terminal operator services are herein

defined, without first entering into a Terminal Operator Agreement with the

District.

(b) Terminal Operator Agreements, as required by subsection (a), shall contain

terms including, but not limited to, the Terminal Operator indemnifying and

holding harmless the District against liability arising out of Terminal

Operator's performance of the Terminal Operator Agreement; Terminal

Operator maintaining adequate insurance; and other terms and conditions

as deemed appropriate by the District.

Agreements in accordance with this Section.

(Enacted May 10, 1966 – Ordinance No. 227)

(Amended October 8, 2013 – Ordinance No. 2741)

San Diego Unified Port District – Port Code

Section No. 4.14

Article 4 – Regulation of In-Water Hull Cleaning Section 4.14 – Page 1 of 6

SECTION NO. 4.14 – REGULATION OF IN-WATER HULL CLEANING

Section 1.

(a) Purpose

California law requires the District to protect, preserve and enhance the

quality of water in San Diego Bay (San Diego Unified Port District Act,

Harbors and Navigation Code, Appendix I) and prohibits the discharge of

waste to waters of the state in a manner causing, or threatening to cause,

a condition of pollution, contamination or nuisance (California Water Code

section 13050). Pursuant to Clean Water Act Section 303(d), portions of

San Diego Bay have been identified as impaired due to high concentrations

of dissolved copper in the water column, which resulted in a requirement

imposed by the San Diego Regional Water Quality Control Board to reduce

copper loading through a Total Maximum Daily Load (TMDL). The in-water

hull cleaning of vessels has been identified as a source contributing to

copper loading. Therefore, the District is adopting this Section to help

implement its statutory responsibilities by requiring that in-water hull

cleaning in San Diego Bay as a business be conducted only by persons

holding a valid permit issued by the District.

San Diego Unified Port District – Port Code

Section No. 4.14

Article 4 – Regulation of In-Water Hull Cleaning Section 4.14 – Page 2 of 6

(b) Definitions

For purposes of this Section, certain words and phrases not otherwise

defined in District Code Section 0.03 shall be defined as follows, unless the

context requires a different meaning:

1. "In-Water Hull Cleaning" – the cleaning of recreational or commercial

vessel hulls while the vessel is in the water. This includes cleaning,

by hand or mechanical means, the underwater portions of the hull up

to the waterline. This does not include underwater dive services used

for other activities, including but not limited to, regular servicing of

zinc anodes, underwater maintenance and repair of drive shafts,

through-hull components and other maintenance-related efforts.

2. "In-Water Hull Cleaning Permit" – a permit issued by the District for

In-Water Hull Cleaning as a Business. Permits may be issued to an

individual or a business on behalf of numerous individuals. The

permittee shall be responsible for the activities of all Persons

performing work under the Permit.

3. "Best Management Practices" or "BMPs" – schedules of activities,

good housekeeping practices, pollution prevention and educational

practices, maintenance procedures, tools and other management

practices used to prevent or reduce the discharge of pollutants

San Diego Unified Port District – Port Code

Section No. 4.14

Article 4 – Regulation of In-Water Hull Cleaning Section 4.14 – Page 3 of 6

directly to receiving waters to the maximum extent practicable. BMPs

may include any type of pollution prevention and pollution control

measure that can help to achieve compliance with this Section.

4. “Business" – any public or private activity, facility, or person involved

in, engaged in, or that provides In-Water Hull Cleaning services for

compensation. These activities do not include industrial activities,

nor do they include any Federal, State, Municipal, or other

government agency activities.

5. “Facility" – marinas, mooring companies, yacht clubs and any other

area in which In-Water Hull Cleaning is conducted.

1. No Business shall perform In-Water Hull Cleaning without first having

secured an In-Water Hull Cleaning Permit from the District.

2. All Persons performing In-Water Hull Cleaning as part of a Business

shall possess, maintain, and show proof that they are operating

pursuant to a valid In-Water Hull Cleaning Permit, upon request.

3. Each Facility shall require all Persons it admits to its leasehold to

perform in-Water Hull Cleaning as a Business to show proof that

San Diego Unified Port District – Port Code

Section No. 4.14

Article 4 – Regulation of In-Water Hull Cleaning Section 4.14 – Page 4 of 6

they are operating pursuant to a valid In-Water Hull Cleaning Permit

before any In-Water Hull Cleaning is conducted.

4. Each Facility shall maintain a copy of a valid In-Water Hull Cleaning

Permit Persons it admits to its leasehold to perform In-Water Hull

Cleaning as a Business. Copies shall be kept on the leasehold for no

less than ninety (90) days after the expiration of the In-Water Hull

Cleaning Permit. District shall have the right to inspect the permit

copies at any reasonable time, upon request.

5. Each Facility that becomes aware that any In-Water Hull Cleaning is

being or has been conducted on its leasehold without a permit

required by this Section shall notify the District within one business

day of discovery.

6. Each Business with an In-Water Hull Cleaning Permit shall comply

with each and every provision of the In-Water Hull Cleaning Permit.

Failure to comply may result in the suspension or revocation of the

Business’s In-Water Hull Cleaning Permit or any penalty(ies)

enumerated in Subsection (f) of this Section.

(d) Use of Best Management Practices for All Persons

1. No Person shall perform In-Water Hull Cleaning without complying

with Best Management Practices generally recognized by the

industry as being effective and environmentally sound.

San Diego Unified Port District – Port Code

Section No. 4.14

Article 4 – Regulation of In-Water Hull Cleaning Section 4.14 – Page 5 of 6

2. No Person shall perform In-Water Hull Cleaning that results in visible

paint plume or cloud.

(e) Federal or State Preemption

The provisions of this Section do not apply where Federal or State law

Regulates In-Water Hull Cleaning if the Federal or State law preempts local

regulation or if the Federal or State law is more restrictive.

(f) Penalties for Violation of Section 4.14

1. A violation of this Section shall be punished in accordance with

District Code Section 0.11.

2. Violations of this Section also may be grounds for suspension,

revocation or modification of any District permit, license or approval.

3. Violations of this Section may be grounds for the refusal to issue or

renew an In-Water Hull Cleaning Permit.

4. Penalties and remedies under this Section may be cumulative and in

addition to other administrative, civil or criminal remedies. Nothing in

this Section shall preclude any person from seeking any other

remedies, penalties or procedures provided by law.

(g) Right of Appeal

1. If the District suspends, revokes, modifies or refuses to issue an In-

Water Hull Cleaning Permit, the permittee may appeal, in writing, to

San Diego Unified Port District – Port Code

Section No. 4.14

Article 4 – Regulation of In-Water Hull Cleaning Section 4.14 – Page 6 of 6

the Executive Director within Ten (10) calendar days of the date of

the action taken by the District.

2. The written appeal shall state whether a hearing is requested and

shall contain all reasons why the permittee or applicant for a permit

believes the action of the District to be improper.

3. If no written appeal is filed, or if the appeal is untimely or fails to state

the reasons why the permittee or applicant for a permit believes the

action of the District to be improper, the right to a hearing is waived

and the decision of the District is final.

4. If a written appeal is timely and completely filed and a hearing is

requested, the District shall appoint an impartial hearing officer within

Thirty (30) days and establish a date, time and place for the hearing.

This time may be extended based on good cause or the agreement

of the parties. The decision of the hearing officer is final.

(Enacted July 11, 2011 – Ordinance No. 2645)

(Amended August 14, 2012 – Ordinance No. 2684)

San Diego Unified Port District – Port Code

Section No. 4.30

Article 4 – South San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.30 – Page 1 of 4

SECTION NO. 4.30 – SOUTH SAN DIEGO BAY ANCHORING, MOORING AND

AQUATIC ACTIVITIES REGULATED

(a) Purpose

California law (San Diego Unified Port District Act, Harbors and Navigation

Code, Appendix I, Sections 55 and 56) requires the Board of Port

Commissioners to regulate and control the anchoring, mooring, towing and

docking of vessels, and to make and enforce all necessary rules and

regulations governing the use and control of naviga21wdeuble waters within

the District. The purpose of this Section of the San Diego Unified Port

District Code is to implement that responsibility within South San Diego Bay.

South San Diego Bay is naturally shallow with depths ranging from One (1)

to Six (6) Feet at low tide, except in marked channels. Problems associated

with water quality and flotsam are more prevalent in the South Bay owing

to the lack of tidal flushing in this area. Numerous sunken vessels,

submerged obstructions and dilapidated watercraft have been abandoned

in the area, complicating navigation.

Duly published regulations and restrictions promulgated by competent State

or Federal authority shall be paramount in the event of conflict with

provisions of this Code.

San Diego Unified Port District – Port Code

Section No. 4.30

Article 4 – South San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.30 – Page 2 of 4

(b) Definitions

1. “South San Diego Bay” – The part of San Diego Bay lying southward

of a line extending in a west southwesterly direction from the

southwesterly corner of the Sweetwater Wharfing Latitude 32° 38'

52" N, Longitude 117 07' W, to a point on the southerly shore of

Crown Cove at Latitude 32 38' 10" N, Longitude 117° 08'20" w.

2. “Coronado Cays Channel” – That channel marked by buoys and day

markers lying east of Coronado Cays; including approaches to floats

and berthing facilities in the Coronado Cays complex.

3. “Chula Vista Harbor Channel“– That channel marked by day markers

leading from the Sweetwater Channel turning basin in a southerly

direction toward the Chula Vista Harbor entrance situated at Latitude

32° 37' 23" N, Longitude 117 06' 15"W.

4. “Chula Vista Small Craft Harbor” – That deepened and protected

portion of South San Diego Bay lying eastward of Longitude 117° 06'

15" W.

5. “Chula Vista Wildlife Preserve” – That man-made peninsula of

approximately Eighty (80) acres in surface lying southerly of the

Chula Vista Harbor, and westerly of San Diego Gas & Electric power

plant at Latitude 32° 37' N.

San Diego Unified Port District – Port Code

Section No. 4.30

Article 4 – South San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.30 – Page 3 of 4

1. It shall be unlawful to anchor, moor, make fast to the bottom, strand,

or ground any vessel or structure or to be in control or possession of

or to operate any vessel or structure which is anchored, moored,

made fast to the bottom, stranded or grounded within South San

Diego Bay as defined in Sec. 4.30(b)1 of this Code.

2. Watercraft engaged in public works projects, patrol, derelict removal,

geological or environmental survey, or other work permitted by

competent local, State or Federal authority shall be exempt from this

restriction during the course of such work. This section shall not

apply to vessels of less than Eighteen (18) Inches loaded draft

engaged in fishing during daylight hours.

3. It shall be unlawful for any vessel to be operated at a speed in excess

of Five (5) Miles Per Hour in South San Diego Bay as defined in Sec.

4.30(b)1 of this Code, except while transiting the Chula Vista Harbor

Channel seaward of daymarks 11 and 12. Vessels must maintain a

reasonable and prudent speed pursuant to Section 4.04 of this Code.

San Diego Unified Port District – Port Code

Section No. 4.30

Article 4 – South San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.30 – Page 4 of 4

(d) Penalty

1. Any person who violates any provision of this Section, shall be guilty

of a misdemeanor.

2. Any vessel anchored in violation of any provision of this Section shall

be subject to removal and storage by any Harbor Police Officer

pursuant to Section 8.25(a) of this Code. The registered and/or legal

owner of the vessel may be liable for all costs related to the removal

and storage of any vessel removed and stored pursuant to this

Section.

(Enacted February 10, 1987 – Ordinance No. 1200)

(Amended June 18, 1991 – Ordinance No. 1435)

(Amended March 9, 2004 – Ordinance No. 2284)

San Diego Unified Port District – Port Code

Section No. 4.35

Article 4 – Central San Diego Bay Anchoring, Mooring and Aquatic Activities

Regulated Section 4.35 – Page 1 of 4

SECTION NO. 4.35 – CENTRAL SAN DIEGO BAY ANCHORING, MOORING AND

AQUATIC ACTIVITIES REGULATED

(a) Purpose

California law (San Diego Unified Port District Act, Harbors and Navigation

Code, Appendix I, Sections 55 and 56) requires the Board of Port

Commissioners to regulate and control the anchoring, mooring, towing and

docking of vessels, and to make and enforce all necessary rules and

regulations governing the use and control of navigable waters within the

District. The purpose of this section of the San Diego Unified Port District

Code is to implement that responsibility within Central San Diego Bay.

Duly published regulations and restrictions promulgated by competent State

or Federal authority shall be paramount in the event of conflict with

provisions of this Code.

(b) Definitions

1. “Central San Diego Bay” – That part of San Diego Bay lying northerly

of South San Diego Bay, as defined in this Code, and southerly of a

line drawn westerly from the South Embarcadero Marina Park fishing

pier to the easterly most point of North Island Naval Station in

Latitude 32° 42' 10" N.

The majority of Central San Diego Bay has been deepened by

dredging to a depth of Ten (10) Feet or more at low tide.

San Diego Unified Port District – Port Code

Section No. 4.35

Article 4 – Central San Diego Bay Anchoring, Mooring and Aquatic Activities

Regulated Section 4.35 – Page 2 of 4

2. “Glorietta Bay” – That portion of Central San Diego Bay lying

westward of Longitude 117° 10' W.

3. “Glorietta Bay Channel” – That channel connecting the northwesterly

extreme of Glorietta Bay with the Main Ship Channel at Coronado

Bridge Piling No. 15.

4. “Bay Bridge Roadstead” – That part of Central San Diego Bay

bounded on the south by a line parallel to and 250 Feet north of the

Coronado Bridge, on the northeast by the Main Ship Channel, on the

west by the shoreline of Coronado, and on the north by Latitude 32°

41' 30" N.

5. “Anchorage A-5” – The Glorietta Bay Anchorage as defined and

regulated by Section 4.38 of this Code.

6. “Anchorage A-8” – The Sweetwater Anchorage as defined and

regulated by Section 4.36 of this Code.

1. Central San Diego Bay, Anchoring Prohibited Central San Diego

Bay, south of the Glorietta Bay Channel, with the exception of military

security and restricted areas, marked with channels and designated

anchorages, is reserved for aquatic sports activities and regattas.

San Diego Unified Port District – Port Code

Section No. 4.35

Article 4 – Central San Diego Bay Anchoring, Mooring and Aquatic Activities

Regulated Section 4.35 – Page 3 of 4

Anchoring or mooring in Central San Diego Bay, except in anchorage

areas designated in Section 4.35(b)4, and 4.35(b)5 of this Code, is

prohibited and unlawful.

2. Authorization to anchor in Central San Diego Bay outside designated

anchorage areas for limited periods of not more than Seventy-Two

(72) Hours may be obtained by application to the Office of the Chief

of San Diego Harbor Police.

3. It shall be unlawful for any vessel under way in Glorietta Bay, and

Bay Bridge Mooring Area and Central San Diego Bay Anchorage, as

defined in this Code, to be operated at a speed in excess of Five (5)

Miles Per Hour.

4. It shall be unlawful to anchor, moor, make fast to the bottom, strand,

or ground any vessel or structure or to be in control or possession of

or to operate any vessel or structure which is anchored, moored,

made fast to the bottom, stranded or grounded within Central San

Diego Bay, except anchoring and mooring as permitted in the

anchorage and moorage areas designated in Sections 4.35(b)4,

4.35(b)5 and 4.35(b)6 of this Code.

5. Watercraft engaged in public works projects, patrol, derelict removal,

geological or environmental survey, or other work permitted by

competent local, State or Federal authority shall be

San Diego Unified Port District – Port Code

Section No. 4.35

Article 4 – Central San Diego Bay Anchoring, Mooring and Aquatic Activities

Regulated Section 4.35 – Page 4 of 4

exempt from this restriction during the course of such work. This

Section shall not apply to vessels engaged in fishing during daylight

hours.

(d) Penalty

1. Any person who violates any provision of this Section shall be guilty

of a misdemeanor.

2. Any vessel anchored in violation of any provision of this Section shall

be subject to removal and storage by any Harbor Police Officer

pursuant to Section 8.25(a) of this Code. The registered and/or legal

owner of the vessel may be liable for all costs related to the removal

and storage of any vessel removed and stored pursuant to this

Section.

(Enacted February 10, 1987 – Ordinance No. 1201)

(Amended June 18, 1991 – Ordinance No. 1436)

(Amended March 9, 2004 – Ordinance No. 2285)

(Amended September 2, 2008 – Ordinance No. 2522)

San Diego Unified Port District – Port Code

Section No. 4.36

Article 4 – Regulation of Vessels – A-8 Anchorage Section 4.36 – Page 1 of 3

SECTION NO. 4.36 – REGULATION OF VESSELS – A-8 ANCHORAGE

(a) Purpose

California law (San Diego Unified Port District Act, Harbors and Navigation

Code, Appendix 1) requires the Board of Port Commissioner to regulate and

control the anchoring, mooring, towing and docking of vessels, and to make

and enforce all necessary rules and regulations governing the use and

control of navigable waters within the District. The purpose of this Section

of the San Diego Unified Port District Code is to implement that

responsibility within the A-8 Anchorage.

(b) Definitions

Certain words and phrases used herein are defined as follows, unless the

context requires a different meaning:

1. “A-8 Anchorage” – In Center San Diego Bay, the Sweetwater

Anchorage, the water enclosed by a line beginning at latitude

32°39'12.2"N., longitude 117°07'30.1”W.; thence southerly to latitude

32°38'45.2' N., longitude 117°07'45.1" W.; thence northerly to the

point of beginning.

2. “Anchoring” – Attachment or making fast of a Vessel or structure to

the bottom of the shore of San Diego Bay using an anchor and proper

ground tackle or by any other means.

San Diego Unified Port District – Port Code

Section No. 4.36

Article 4 – Regulation of Vessels – A-8 Anchorage Section 4.36 – Page 2 of 3

3. “Vessel” – A watercraft designed to float upon the surface of a body

of water for the purpose of transporting persons or property.

1. Anchoring or mooring in the A-8 Anchorage, with the exception of

military security and restricted areas, is prohibited during the

environmental restoration and clean-up of the anchorage, subject to

available funding, for the period from October 1, 2008, at 5:01 PM,

through July 1, 2011.

2. After completion of environmental restoration of the A-8 Anchorage,

the anchorage will be reserved for aquatic sports activities, regattas,

other small craft temporary usage subject to permit, or other uses as

specified by amendment of this section by the Board of Port

Commissioners.

(d) Uses Prohibited

1. No business or commercial enterprise shall be conducted at the A-8

Anchorage.

2. No barges or floating docks shall be allowed to moor or anchor at the

A-8 Anchorage.

3. No Vessel more than sixty-five (65) feet in length shall be allowed to

moor or anchor at the A-8 Anchorage.

San Diego Unified Port District – Port Code

Section No. 4.36

Article 4 – Regulation of Vessels – A-8 Anchorage Section 4.36 – Page 3 of 3

(e) Abandonment of Vessel

Pursuant to Harbors and Navigation Code Section 522, et seq., no Vessel

shall be left in the A-8 Anchorage with the intent to abandon such vessel,

and if any vessel is abandoned, in addition to other legal remedies available

to it, the District has the right to impound, tow, store, and/or demolish the

Vessel at the expense of the owner.

(f) Invalidity

If any section, subsection, sentence, clause, phrase or portion of this

Section 4.36 is held invalid or unconstitutional for any reason by any court

of competent jurisdiction, such section, subsection, sentence, clause,

phrase or portion shall be deemed a separate, distinct, and independent

provision and such holding shall not affect the validity of the remaining

portions.

(Enacted August 22, 2000 – Ordinance No. 2107)

(Amended March 9, 2004 – Ordinance No. 2286)

(Amended September 5, 2006 – Ordinance No. 2413)

(Amended September 2, 2008 – Ordinance No. 2522)

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 1 of 22

SECTION NO. 4.37 – REGULATION OF CHARTER VESSEL OPERATIONS IN SAN

DIEGO BAY AND DISTRICT TIDELANDS

(a) Purpose.

1. California law requires the San Diego Unified Port District (District)

to control, regulate and manage the harbor of San Diego upon the

tidelands and the waters of San Diego Bay for the promotion of

commerce, navigation, fisheries and recreation thereon (San Diego

Unified Port District Act, Harbors and Navigation Code, Appendix 1,

et seq.). This Section sets forth the regulations and requirements for

Charter Vessel Operations in San Diego Bay and District tidelands.

Each Charter Vessel Operation, whether operating from a Marina,

Sportfishing Landing or any other location, shall comply with the

requirements set forth in this Section 4.37, as well as all applicable

United States Coast Guard rules and regulations, and all other

applicable local, state and federal laws and regulations for the use of

District Facilities, including any health orders issued by the United

States, the State of California, or San Diego County. Furthermore,

each Charter Vessel decal.

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 2 of 22

2. Operation operating from a District tenant Marina or Sportfishing

Landing shall pay for and display a valid Charter Vessel Operation

Decal signifying that a District tenant Marina or Sportfishing

Landing has verified the Charter Vessel Operation’s compliance

with the requirements set forth in this Section 4.37. Charter Vessel

Operations are prohibited from using District Facilities other than

District tenant Marinas or Sportfishing Landings, with tenant

permission and in compliance with each tenant’s lease where

charters may operate, and this Section 4.37, for docking,

embarking or debarking of Passengers, or to park any vehicle or

trailer carrying a Charter Vessel. To the extent authority is

delegated to the staff of the District and to others to implement this

Section, that authority shall be exercised so as to achieve these

purposes.

3. Charter Vessel Operation Decal Fees shall be limited to the District’s

reasonable regulatory costs for printing decals. As such, the Charter

Vessel Operation Decal Fees are exempt from the definition of a “tax”

under California Constitution Article XIII C, Section 1, Subdivision

(e)(3).

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 3 of 22

4. Unless such dates are deferred by the Executive Director, this

Section shall become effective, and enforcement thereof shall

commence on July 1, 2021, except that Subsection (e)3, Charter

Vessel Operation Decal Requirements for Charter Vessel Operation

operating from District tenant Marinas and Sportfishing Landings,

shall become effective, and enforcement thereof shall commence on

September 1, 2021.

(b)Definitions.

1. “Bareboat Charter” means an arrangement for the chartering or hiring

of a vessel whereby no crew or provisions are included as a part of

the charter; rather, the vessel or boat owner gives complete

possession, command and navigation of the vessel to a Charterer

and the Charterer is solely responsible for providing qualified crew

and provisions for the duration of the charter. Bareboat Charters do

not have Passenger(s) for hire.

2. “Boating Club” means: (1) an organization that is existing under the

laws of California or another state that is in good standing with the

Secretary of State of the state under which it is organized and

existing; (2) that has members who pay an initiation fee to join and

thereafter monthly membership fees; (3) that allows members to use

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 4 of 22

3. multiple Seaworthy vessels in its fleet; (4) that allows use of vessels

in its fleet by members exclusively for recreational use (including

instruction provided in the cost of the membership) and prohibits

commercial use of vessels in its fleet; (5) that requires current vessel

liability insurance for the vessels in its fleet in the minimum amount

of $300,000, with a pollution endorsement; (6) that is permitted to

operate pursuant to a current sublease or wharfage agreement that

complies with the master lease agreement for each Marina or

Sportfishing landing where the organization operates, that is on file

with the District; and (7) that requires verification that its members

can safely operate the vessels that they are permitted to use. For

purposes of this subsection, a Boating Club meeting the above

requirements that operates out of a yacht club with a master lease

with the District that allows certain non-members such as school age

children participating in high school sailing or other similar instruction

or a non-member using a Boating Club vessel for instruction,

community outreach, or non-professional or amateur competition

shall be considered as members of a “Boating Club”.

4. “Charter Vessel” means a boat, vessel or any type of water craft

which is less than one hundred (100) gross tons and carrying one

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 5 of 22

5. hundred and fifty (150) passengers or fewer and includes but is not

limited to, fishing charter, Bareboat Charter, sailing charter, Six Pac

Charter, Small Passenger Vessel charter, Uninspected Passenger

Vessel, personal watercraft, jet ski, kayak, canoe or paddleboard that

Operates on San Diego Bay or on District Facilities, for the purpose

of taking passengers on the water, for business or pleasure. “Charter

Vessel Operation” means the leasing or hiring of one or more Charter

Vessel(s) for any use on San Diego Bay, District tidelands or of

District Facilities, including the embarking and debarking of

Passengers for any Consideration, or an agreement where the

Charterer has use of a Charter Vessel for any Consideration, or for a

period of time, shall be deemed under this chapter to be the owner

and takes on legal obligations for the Passengers carried, including

Passengers for Hire.

6. “Charter Vessel Operator” means a Charter Vessel owner, operator,

or the agent of either, with responsibility for the operation of a Charter

Vessel.

7. “Charter Vessel Operation Decal” means a decal, or pair of decals

(port and starboard) if specified by the District, provided by the

District to District tenant Marinas and Sportfishing Landings to be

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 6 of 22

issued to Charter Vessel Operations that begin or end their Charter

Vessel Operation at the District tenant Marina or Sportfishing

Landing, and for which such District tenant Marina or Sportfishing

Landing has verified the Charter Vessel Operation’s compliance with

the requirements of this Section 4.37 and with the tenant’s lease.

“Charterer” means a person or organization that charters a

vessel.“Consent to Boarding” means Charter Vessel Operator’s

agreement to allow boarding of a Charter Vessel Operation by the

District, the District’s Harbor Police Department, or United States

Coast Guard, to determine the Charter Vessel Operator’s

compliance with the provisions of this Section 4.37 and all applicable

law.

8. “Consideration” means an economic benefit, inducement, right, or

profit including pecuniary payment accruing to an individual, person,

or entity, but not including a voluntary sharing of the actual expenses

of the voyage, by monetary contribution or donation of fuel, food,

beverage, or other supplies.

9. “District” means the San Diego Unified Port District, or any

department thereof.

San Diego Unified Port District – Port Code

Section No. 4.37

Article 4 – Regulation of Charter Vessel Operations in San Diego Bay and District Tidelands

Section 4.37 – Page 7 of 22

10. “District Clerk” means the Clerk of the San Diego Unified Port District

or his or her designee.

11. “District Facilities” means District tidelands which include, but are not

limited to, docks, piers, boat launch ramps, anchorages, landings,

and embarkation and disembarkation locations for vessels.

12. “Executive Director” means the Executive Director of the San Diego

Unified Port District or his or her designee. “Marina” means any

business that allows any Charter Vessel Operation on land or

submerged land that: (i) has docks or slips; or (ii) is otherwise used

as a vessel docking facility for berthing privately-owned recreational

pleasure vessels or, as the context may require.

13. “Passenger” means an individual carried on a vessel, except:

a) the owner or an individual representative of the owner, or in

the case of a vessel under Charter, an individual Charterer

or individual representative of the Charterer; if more than

one person represents an owner or Charter, all shall be

counted as Passengers except the first;

b) the master, captain or skipper; orc) a member of the crew

engaged in the business of the vessel who has not provided

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Section 4.37 – Page 8 of 22

Consideration for carriage and who is paid for on-board services.

14. “Passenger(s) for Hire” means Passenger(s) for whom Consideration

is provided as a condition of carriage on the vessel, whether directly

or indirectly flowing to the owner, Charterer, Charter Vessel

Operator, agent, or any other person having an interest in the vessel.

a) “Recreational Vessel” means a vessel: operated for pleasure;

or leased, rented, or chartered to another for pleasure.

15. “Seaworthy” means a vessel properly equipped, sufficiently

constructed, and watertight in order to withstand stress of the wind,

waves, and other environmental conditions that the vessel might

reasonably be expected to encounter; and, a vessel in good condition

which is not likely to sink or become a nuisance or a menace to

navigation, and which is capable of getting underway and navigating

safely using its own propulsion system. Vessels such as kayak,

canoe or paddleboard must be Seaworthy as defined in this

subsection, except the requirement to get under way using its own

propulsion system.

16. “Small Passenger Vessel” means a vessel required to be annually

inspected by the United States Coast Guard of less than one hundred

(100) gross tons as measured pursuant to the provisions of 46 U.S.C.

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17. Section 14502, or an alternate tonnage measured pursuant to 46

U.S.C. Section 14302 as prescribed under 46 U.S.C. Section 14104

that is:

a) a vessel for hire that carries more than six (6) Passengers,

including at least one Passenger for Hire; or chartered with

crew provided or specified by the owner or the owner’s

representative and carrying more than six (6) Passengers; or

chartered with no crew provided or specified by the owner’s

representative and carrying more than twelve (12)

Passengers; or

b) a submersible or wing-in-ground craft, regardless of tonnage,

carrying at least one (1) Passenger for Hire; or

c) a ferry carrying more than six (6) Passengers.

18. “Sportfishing Landing” means a San Diego Unified Port District

leasehold dedicated exclusively for discharging and taking on

Passengers for Hire on Charter Vessels.

19. “Uninspected Passenger Vessel” means an uninspected vessel:

a) of at least one hundred (100) gross tons as measured

pursuant to the provisions of 46 U.S.C. Section 14502, or an

alternate tonnage measured pursuant to the provisions of 46

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b) U.S.C. Section 14302, as prescribed by the Secretary under

46 U.S.C. Section 14104,

1) carrying not more than twelve (12) Passengers,

including at least one (1) Passenger for Hire; or that is

chartered with the crew provided or specified by the

owner or the owner’s representative and carrying not

more than twelve (12) Passengers; and

c) of less than one hundred (100) gross tons as measured

pursuant to the provisions of 46 U.S.C. Section 14502, or an

alternate tonnage measured pursuant to the provisions of 46

U.S.C. Section 14302, as prescribed by the Secretary under

46 U.S.C. Section 14104,

1) carrying not more than six (6) Passengers, including at

least one (1) Passenger for Hire; or

2) that is chartered with the crew provided or specified by

the owner or the owner’s representative and carrying

not more than six (6) Passengers.

No person shall conduct a Charter Vessel Operation in San Diego Bay or

District Facilities without being in compliance with this Section 4.37.

However, this Section 4.37 shall not apply to:

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Any person who operates a Charter Vessel from a federal facility such as a

United States Naval base or United States Coast Guard facility; or A

common carrier operating with authority granted by the California Public

Utilities Commission or a ferry; or

1. A Charter Vessel operating from one of the District’s cruise ship

terminals or other District-identified passenger water transportation

center located on District Facilities; or

2. Any person who is a current member of a Boating Club who is

operating a vessel that is part of a Boating Club’s fleet of vessels.

Those operating a vessel that is part of a Boating Club’s fleet must,

while operating such vessel, maintain aboard the vessel a

membership card or other written confirmation that the operator is a

current member of the Boating Club. Members of a Boating Club are

not permitted to receive cash or other monetary consideration from

any Passenger aboard a vessel that is part of the Boating Club’s

fleet; such an operation will not be exempted from the provisions of

this Section. Non-members of a Boating Club operated from a yacht

club with a master lease with the District as set forth in subsection

(b) 4 shall also be exempted as long as proof of affiliation with a

school, public outreach organization or other Boating Club not based

at the yacht club is maintained aboard the vessel

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(d)Charter Vessel Operation Prohibited at Shelter Island Boat Launching Facility and

Parking Lot and all District Facilities other than District Tenant Marinas and Sportfishing

Landings.

No Charter Vessel Operation shall in any way use the Shelter Island Boat Launching

Facility or parking lot or any District Facilities other than District Tenant Marinas and

Sportfishing Landings, with tenant permission in compliance with tenant’s lease and this

Section 4.37, for docking, embarking or debarking of Passengers, or to park any vehicle

or trailer carrying a Charter Vessel. Without limitation as to other District facilities, the

Shelter Island Boat Launching Facility and parking lot shall be utilized as a launching

facility solely for recreational small craft vessels or fishing vessels with no Passengers

for Hire.

(e) Regulation of Charter Vessel Operations.

All Charter Vessel Operations on San Diego Bay must meet the requirements set

forth in this Section.

1. The owner(s), agent(s) or operator of each Charter Vessel, and any

crew members of each Charter Vessel shall conform to all rules,

regulations and policies prescribed by the District in writing, any

ordinances of the District and city in which the Charter Vessel is

operated; any State of California or San Diego County health

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order, and any federal or state laws, including without limitation

regulations prescribed by the United States Coast Guard, as any of

the same now exist or may hereinafter be adopted or amended.

2. Furthermore, each Charter Vessel Operator shall meet the

following requirements:

United States Coast Guard Licensing: Each Charter Vessel

Operation carrying a Passenger for Hire, Small Passenger Vessel,

and Uninspected Passenger Vessel shall have aboard at all times

during Charter Vessel Operation a Captain licensed by United

States Coast Guard.

a) Insurance: Each Charter Vessel Operator shall maintain

insurance as follows:

1) Each Charter Vessel Operator shall procure and

maintain in effect at all times a commercial marine

liability insurance policy covering bodily injury,

personal injury, and property damage caused by the

Charter Vessel Operator, issued by an insurance

company currently licensed by the California

Department of Insurance, with a minimum limit of One

Million Dollars ($1,000,000) per occurrence, with a

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pollution endorsement providing for an aggregate

anper occurrence minimum limit of Nine Hundred

Thirty-Seven Thousand, One Hundred Dollars

($937,100) covering legal liability arising from the

sudden and accidental release of pollutants, with the

exception of Charter Vessels set forth in subsection 3)

below.

2) Due to current Charter Vessel insurance market

volatility and resulting unavailability or infeasibility in

procuring and maintaining excess Charter Vessel

insurance, the District will not require Charter Vessel

excess insurance for Charter Vessels permitted to

carry more than six (6) passengers; however, the

Executive Director may, in his or her sole discretion,

review the insurance requirements set forth in this

section after a period of one (1) year from the

effective date of this ordinance, and thereafter update

the insurance requirements annually, in accordance

with administrative policies, with no amendment to

this Section required.

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3) Insurance requirements for Charter Vessels that

are personal watercraft, or jet ski, kayak, canoe or

paddleboard may be set by the Executive Director, in

accordance with administrative policies, with no

amendment to this Section required.

4) All liability insurance policies shall contain a cross-

liability clause, shall name as additional insured by

written endorsement the “San Diego Unified Port

District, its officials, employees and agents”, and shall

provide that such insurance applies separately to

each insured against whom complaint is made or suit

is brought except with respect to the limits of the

insurer’s liability.

5) All insurance policies shall be endorsed to provide

thirty (30) days’ written notice to the District of

cancellation, non-renewal or reduction in coverage or

limits; should a Charter Vessel Operator be unable to

obtain such an endorsement from its insurer, then the

obligation to provide thirty (30) days’ written notice to

the District of cancellation, non-renewal, or a

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reduction in coverage or limits shall be the

responsibility of the Charter Vessel Operator.

6) Proof of the insurance coverage required by

Subsections (d) 1. b) 1) through 5) shall be

maintained for inspection on each Charter Vessel or

made immediately available upon request.

b) Charter Vessel Documentation and Registration: Each

Charter Vessel shall be either registered or documented

pursuant to applicable federal or state law. Any Charter

Vessel that is a Small Passenger Vessel or an Uninspected

Passenger Vessel shall also have and maintain a valid

Certificate of Documentation – Coastwise Service, or other

designation as allowed by applicable law for a Charter Vessel.

c) Certificate of Inspection: Each Small Passenger Vessel

which requires a Certificate of Inspection, shall be inspected

by the United States Coast Guard, and shall obtain and retain

in full force and effect a Certificate of Inspection.

d) Drug Testing Program: Any Charter Vessel Operation,

Inspected or Uninspected, when carrying passengers for hire,

must have in full force and effect for any employee, licensed

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e) captain and any crewman who is required on board the

Charter Vessel, a drug testing program that complies with

federal and state law, if applicable, and United States Coast

Guard regulations.

f) Indemnification: Each Charter Vessel Operator shall, to the

fullest extent permitted by law, defend, indemnify, and hold

harmless the District, its officers, employees and agents for

any and all liability, claims, judgments, damages,

proceedings, orders, directives, costs, including attorney’s

fees and costs, or demands arising directly or indirectly from

any and all Charter Vessel Operations, except claims and

litigation arising out of the gross negligence or willful

misconduct of the District.

g) Business License: Each Charter Vessel Operator shall obtain

and maintain in full force and effect a business

license/certificate from the city in which the Charter Vessel

Operator’s business is primarily located.

h) Seaworthiness: All Charter Vessels must be demonstrated to

be Seaworthy and remain Seaworthy.

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Section 4.37 – Page 18 of 22

i) Each Charter Vessel Operator shall comply with Coast Guard

requirements for keeping passenger and crew manifests and

other information for each departure and shall make all such

information immediately available to the United States Coast

Guard, Harbor Police, and/or the District

j) Each Charter Vessel Operator, whether operating out of a

Marina, Sportfishing Landing or any other facility, by doing so

consents to boarding of a Charter Vessel at any time by the

United States Coast Guard, Harbor Police, or the District,

pursuant to applicable law.

3. Charter Vessel Operation Decal Requirements for Charter Vessel

Operation operating from District tenant Marinas and Sportfishing

Landings.

a) Each Charter Vessel operating from a District tenant Marina

or Sportfishing Landing must visibly display a valid Charter

Vessel Operation Decal, located as specified by the District,

signifying that a District tenant Marina or Sportfishing Landing

has verified the Charter Vessel Operation’s compliance with

the requirements set forth in this Section 4.37 and the tenant’s

lease.

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b) Charter Vessel Operation Decals shall jet on the date printed

thereon unless such dates are extended by the Executive

Director. Each Charter Vessel Operation Decal shall bear a

unique identification number which can be traced to the

District tenant Marina or Sportfishing Landing that issued the

decal and the Charter Vessel and Charter Vessel Operator to

which it was issued.

c) District tenant Marinas and Sportfishing Landings may only

issue a Charter Vessel Operation Decal after verifying the

Charter Vessel Operation’s compliance with this Section 4.3

and only if the Charter Vessel Operation’s use of the tenant

property is in compliance with the terms of tenant’s lease.

d) District tenant Marinas and Sportfishing Landings may obtain

Charter Vessel Operation Decals from the District by paying

the Charter Vessel Operation Decal Fee for each decal at the

time such decals are received, not when issued by the tenant.

e) For every Charter Vessel Operation Decal issued, the issuing

District tenant Marina or Sportfishing Landing shall completely

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f) fill out, sign, and return to District, a District-provided

form/checklist and requested supporting documents. The

Executive Director may set procedures for the reporting of

Charter Vessel Operation Decal issuance by District tenant

Marinas and Sportfishing Landings, with no amendment to

this Section required.

g) After issuing a decal, if a District tenant Marina or Sportfishing

Landing chooses to revoke a decal which it issued, due to the

Charter no longer having permission to use the tenant’s

facility, non-compliance with this Section 4.37, or any reason

not prohibited by law, the tenant shall inform the Charter

Vessel, Charter Vessel Operator, and the District. The District

shall list the decal as “revoked” in District’s database as of the

date of notice to District from the tenant. Charter Vessel and

Charter Vessel Operator shall immediately upon such notice

remove and destroy the revoked decal.

h) If a Charter Vessel or Charter Vessel Operator who has been

issued a decal violates, or is alleged to have violated, this

Section 4.37, including without limitation subsection (e)1,

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i) District may inform the tenant which issued the decal of such

violation or alleged violation.

(f) Penalties.

Any violation of this Section may be punished in accordance with Article 0, Section 0.11

(General Penalty) of this Code, including without limitation, as a misdemeanor or

infraction and/or through assessment of Civil Penalties, and also by any other penalty or

remedy available at law or in equity. Any fines for a misdemeanor or infraction shall be

as set forth in Section 0.11, and any Civil Penalties imposed under these provisions

shall be as follows:

1. A first offense in 12 consecutive months - $500;

2. A second offense in 12 consecutive months- $2,500;

3. For each additional offense in 12 consecutive months - $5,000

Remedies shall be cumulative, and no election of remedies shall apply.

(g) Conflict.

To the extent that any provision of this Section conflicts with or is inconsistent with the

provisions of any other District ordinance, regulation, or policy, including but not limited

to Board of Port Commissioners Policy No. 380, Sportfishing, and San Diego Unified

Port District Code Section 8.02, the provision(s) of this Section shall supersede said

Policy and Code provisions.

(h) Invalidity.

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If any section, subsection, sentence, clause, phrase or portion of this Section is held to

be invalid or unconstitutional for any reason by any court of competent jurisdiction, such

portion shall be deemed a separate, distinct, and independent provision and such

holding shall not affect the validity of the remaining portions which shall be enforced to

the fullest extent permissible by law to attain the purposes of the Section.

(Enacted February 20, 2001 – Ordinance No. 2123)

(Amended May 11, 2021 – Ordinance No. 3011)

(Amended June 14, 2022 – Ordinance No. 3048)

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 1 of 17

SECTION NO. 4.38 – REGULATION OF VESSELS – A-1 ANCHORAGE, A-5

ANCHORAGE AND A-9 ANCHORAGE

(a) Purpose:

California law (San Diego Unified Port District Act, Harbors and Navigation

Code, Appendix 1) requires the Board of Port Commissioners to regulate

and control the anchoring, mooring, towing and docking of vessels, and to

make and enforce all necessary rules and regulations governing the use

and control of navigable waters within the District. The purpose of this

Section of the San Diego Unified Port District Code is to implement that

responsibility within the A-1, A-5 and A-9 Anchorages and Shelter Island

Guest Dock.

(b) Definitions:

Certain words and phrases used herein are defined as follows, unless the

context requires a different meaning:

1. “A-1 Anchorage” – In North San Diego Bay, the Shelter Island (La

Playa Cove) Yacht Basin Anchorage, the water enclosed by a line

beginning at latitude 32°42'56.7"N., longitude 117°13'47.1"W.;

thence southwesterly to latitude 32°42'53.6"N., longitude

117°13'51.3"W.; thence northwesterly to latitude 32°43'01.3"N.,

longitude 117°13'59.1"W.; thence northeasterly to latitude

32°43'02.6"N., longitude 117°13'55.5"W.; thence southeasterly to

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latitude 32°42'59.8"N., longitude 117°13'50.4"W.; thence

southeasterly to the point of beginning.

2. “A-5 Anchorage“ – In Central San Diego Bay, the Glorietta Bay

Anchorage, the water enclosed by a line beginning at latitude

32°40'42.2"N., longitude 117°10'03.1"W.; thence southwesterly to

latitude 32°40'41.2"N., longitude 117°10'06.6"W.; thence

northwesterly to latitude 32°40'46.2"N., longitude 117°13'15.6"W.;

thence northeasterly to latitude 32°40'46.7"N., longitude

117°10'14.1"W.; thence southeasterly to the point of beginning.

3. “A-9 Anchorage” – In North San Diego Bay, the "Cruiser'' Anchorage,

the water enclosed by a line beginning at latitude 32°43'35.9"N.,

longitude 117°11'06.2"W.; thence southwesterly to latitude

32°43'31.5"N., longitude 117°11'13.2"W.; thence southeasterly to

latitude 32°43'28.9"N., longitude 117°11'11.0"W.; thence

southeasterly to latitude 32°43'25.9"N., longitude 117°11'07.7"W.;

thence northeasterly to latitude 32°43'34.8"N., longitude

117°11'03.2"W.; thence northwesterly to the point of beginning.

4. “Anchorage” – Any portion of the A-1 Anchorage, the A-5 Anchorage,

or the A-9 Anchorage which has been designated by competent

authority for the anchoring of vessels.

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Section 4.38 – Page 3 of 17

5. “Anchoring” – Attachment of a vessel to the bottom or the shore of

San Diego Bay using an anchor and proper ground tackle.

6. “Anchoring Permit” – A document conferring the right to use an

anchor in the A-1 Anchorage, the A-5 Anchorage, or the A-9

Anchorage for a prescribed period of time.

7. “Applicant” – Person (as defined in Section 0.03 of this Code)

applying for an Anchoring Permit or Guest Dock Permit.

8. "Cruiser” Vessel – A cruiser vessel is a visiting vessel, not from the

County of San Diego, traveling between ports on a voyage.

9. “District” – The San Diego Unified Port District.

10. “Executive Director” – Executive Director of the San Diego Unified

Port District.

11. “Permittee” – Person (as defined in Section 0.03 of this Code) who

has acquired an Anchoring or Guest Dock Permit from the District to

anchor in the A-1 Anchorage, the A-5 Anchorage, or the A-9

Anchorage, or the dock at the Shelter Island Guest Dock.

12. “Propulsion System” – A system which is designed to propel a vessel

through the water through the use of mechanical power.

13. “Seaworthy” – Describes a vessel in good material condition which

is not likely to sink or become a menace to navigation or a

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nuisance, and which is capable of getting underway and navigating

safely using its own propulsion system, without relying in a tow.

14. “Sewage” – Human body waste, either treated or untreated.

15. “Shelter Island Guest Dock” – In North San Diego Bay, entrance to

the Shelter Island Yacht Basin, the slips located at latitude

32°42’58”N., longitude 117°14’07W.

16. “Guest Dock Permit” – A document conferring the right to use an

assigned slip at the Shelter Island Guest Dock for a designated

period of time.

17. “Vessel” – a watercraft designed to float upon the surface of a body

of water for the purpose of transporting Persons or property.

18. “Waste” – Sewage and all other waste or substances associated with

human habitation, or of human or animal waste.

1. No Person, including the owner, master, operator, caretaker, or

Person in possession of a vessel, shall anchor a vessel in the A-1

Anchorage, the A-5 Anchorage, or the A-9 Anchorage, or dock a

vessel at the Shelter Island Guest Dock without first having secured

an Anchoring/Guest Dock Permit from the District in the form and

manner provided therefor. Vessels shall not remain anchored or

docked after Anchoring/Guest Dock Permit has expired.

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2. Any vessel anchoring in the A-1 Anchorage, the A-5 Anchorage, the

A-9 Anchorage, or docked at the Shelter Island Guest Dock must

have a propulsion system and operate under its own power, must

have petroleum free bilges, and must be Seaworthy

3. All vessels shall be moored by vessel owner or operator in a safe

manner, on cleats, with strong adequate lines. For vessels

anchoring, vessels must use adequate ground tackle.

4. All applicants requesting a Guest Dock or Anchorage Permit are

required to provide proof of Marine Insurance for the permitted vessel

in the following coverage and liability limits: Applicants shall provide

proof of Protection & Indemnity (P & I) Insurance with limits of liability

not less than $300,000. Such insurance shall include coverage for

bodily injury including death and medical expenses, oil pollution, as

well as property damage including coverage for removal and wreck

including expenses and costs to dispose of and remove

contaminants connected with the vessel. San Diego Unified Port

District shall be named an Additional Insured. This insurance

requirement is effective May 1, 2024

5. For an Anchoring Permit to be issued for the A-9 Anchorage only,

the following must be satisfied: verification of ownership, verification

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of registration; inspection for seaworthiness, sanitary facilities, waste

containers, safety and fire suppression equipment and other safety

and health-related equipment as may be prescribed by law. Vessel

may be required to provide a voyage itinerary to prove “Cruiser”

status.

6. No Person on board any vessel, on which construction was initiated

on or after January 30, 1975, in the A-1, A-5 or A-0 Anchorages shall

use the toilet on board such vessel unless it is equipped with a

suitable marine sanitation device or other United States

Environmental Protection Agency or United State Coast Guard

approved device for sewage retention or that is in proper working

order. These requirements do not apply to portable devices which

can be carried on or off the vessel.

d.) Vessel Inspections:

As a condition to receiving or maintaining any Anchoring/Guest Dock

Permit, the District may inspect any vessel anchored, moored or requesting

Anchoring/Guest Dock Permit for proper sanitary, mechanical or other

devices or equipment as may be prescribed by law.

(e) Anchoring or Guest Dock Purposes Only:

An Anchoring Permit shall authorize the holder thereof to anchor within the

boundaries of the anchorage designated by the Anchoring Permit. A Guest

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Section No. 4.38

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Section 4.38 – Page 7 of 17

Dock Permit shall authorize the holder thereof to dock within the slip

designated by the Guest Dock Permit

(f) Refusal to Issue Anchoring/Guest Dock Permit:

The District shall have the right at all times to refuse to issue or reissue an

Anchoring/Guest Dock Permit to any vessel if it determines that the vessel

fails to meet any condition of this Section 4.38, as amended, is not

seaworthy, properly maintained, or presents a danger to public safety,

District property, other vessels, or the property of another, or if the

Permittee, or any other person using, possessing or controlling the vessel

fails to comply with any Federal, State or local laws, or any terms and

conditions of the Anchoring/Guest Dock Permit, or if the Permittee, or any

other Person using, possessing or controlling the vessel has any

outstanding fees or charges owed to the District for damage to District

property, towing and storage of a vessel, or failing to remove any derelict,

beached, or sunken or partially sunken vessel, or causing the abandonment

of a vessel.

(g) Permit Guidelines and Limitations

1. A-1 Anchorage – The A-1 Anchorage is a maximum of Seventy-Two

(72) hour anchorage open for weekend anchorage only. A-1

Anchoring Permits are available for a Maximum of three (3) days and

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Section No. 4.38

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Section 4.38 – Page 8 of 17

shall be issued for the period beginning each Friday at 9:00 AM and ending

each Monday at 9:00 AM

a.) The Seventy-Two (72) hour period shall be extended on holiday

weekends when the holiday, as recognized and observed by the

District, is observed on Mondays. The period of the Anchoring Permit

shall be extended to Tuesday at 9:00 AM.

b.) The Seventy-Two (72) hour period may also be extended or altered

for holidays that fall on other than Saturday through Monday, with the

approval of the Executive Director or his/her designee.

c.) No Person shall anchor a vessel, nor allow a vessel to remain

anchored, in the A-1 Anchorage when the Anchoring Permit has

expired.

2. A-5 Anchorage – The A-5 Anchorage is a Maximum Seventy-Two

(72) hour anchorage, available seven (7) days per week.

a) No person shall anchor a vessel, nor allow a vessel to remain

anchored, in the A-5 Anchorage when the Anchoring Permit

has expired.

3. No more than Nine (9) permitted days may be issued for either

anchorage or both anchorages cumulative to any Person or vessel

in any calendar month.

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 9 of 17

4. A-9 Anchorage – The A-9 Anchorage is designated for use by

“Cruiser” Vessels as defined in Section (b)8 and clarified in Section

a) A Cruiser Vessel may not be registered or documented to an

address in San Diego County and the owner/operator may not

be a resident of San Diego County.

b) An A-9 Anchoring Permit will be issued for a Thirty (30) day

period.

c) No vessel shall be allowed to anchor for more than Ninety (90)

days in any Three Hundred Sixty-Five (365) day period.

5. Shelter Island Guest Dock – The Shelter Island Guest Dock has a

limited number of slips of various sizes with shore power and potable

water. Guest Dock Permits shall be issued for the period beginning

each day at 1:00 PM and ending on the day of check-out at 11:00

AM. There are two pump-Out slips that do not require a permit.

a) There is a thirty (30) minute time limit at the Pump-Out slips.

Pump-Out Slips are not temporary berthing slips, and

individuals must remain present and actively pumping out

during the utilization of the Pump-Out Slips. Failure to be

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 10 of 17

present and actively pumping during Pump-Out Slip utilization may

result in citation and/or additional charges.

b) Pump-Out slips must be returned to exact conditions as found

in, and any modifications are not permitted.

c) Nothing can be stored on the dock besides equipment needed

for shore power, fresh water, and vessel access.

d) Early arrivals and late departures are prohibited and may

result in citation and/or additional charges.

e) Non-permit holders are prohibited from launching vessels

from the guest docks.

(h) Prohibited Uses and Activities

It shall be unlawful to commit any of the following acts in or to use the A-1

Anchorage, the A-5 Anchorage, the A-9 Anchorage, or the Shelter Island

Guest Dock as follows:

1. Business or commercial enterprise is prohibited.

2. Commercial chartering vessels and/or vessels for hire are prohibited.

No person shall load or allow the loading of passengers for hire on

any vessel, commercial or otherwise, within the Shelter Island Guest

Docks.

3. Barges and floating docks are prohibited.

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 11 of 17

4. The tying/lashing of dinghies or other small craft are allowed to be

tied up to permitted vessel and may not obstruct access to another

slip.

5. No more than Two (2) dinghies or other small craft are allowed to be

tied up to a permitted vessel, and may not obstruct access to another

slip.

6. Vessels more than Sixty-Five (65) feet in length are prohibited from

anchoring and docking unless approved by the Executive Director or

his/her designee.

7. No materials or supplies shall be stored on floating docks or

walkways within the transient dock area. All items must be kept within

the confines of the permit holder’s vessel. Items left or stored on

docks may be confiscated by the District Staff.

8. Water, power, or mooring lines shall not cross the floating docks or

main walking areas (Unless power lines are connecting to slip

provided outlets).

9. Fueling or transferring of fuel to and from the guest docks strictly

prohibited.

10. No modifications or permanent attachments shall be made to the

permittee’s slip and adjacent areas.

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 12 of 17

11. Fishing from the Guest Dock and vessels moored to the Guest Dock

is prohibited. No Person shall attempt to take any marine life by any

method from the San Diego Bay waters.

12. No Person shall swim or dive within Shelter Island Guest Docks area

without permission from District Staff. Dive operations require a

special permit from District staff.

13. No person shall deposit or cause to be deposited any garbage,

refuse, or any other waste materials of any kind from the Guest Dock

or vessels moored to the guest dock into the San Diego Bay.

14. No person on board any vessel, on which construction was initialed

on or after January 30, 1975, in the A-1, A-5, A-9 Anchorages or

Shelter Island Guest Dock, shall use the toilet on board such vessel

unless it is equipped with a suitable marine sanitation device or other

United States Environmental Protections Agency or United states

Coast guard approved device for sewage retention or that is in proper

working order. These requirements do not apply to portable devices

which can be carried on or off the vessel.

15. Vessel Maintenance

Unified Port District Code Sections, 10.05 and 10.06 are applicable

to any maintenance/repairs identified in this section.

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 13 of 17

a.) Vessel maintenance work within the Harbor shall be limited to

that ordinarily required to keep the vessel seaworthy and in

good condition. Minor repairs to and routine maintenance of a

vessel may be made or accomplished in the assigned

berthing or mooring space, provided all work is done within

the confines of the vessel and not carried on in any manner

whatsoever upon the floats or piers, into the water, or onto

neighboring vessels.

b.) Sanding and spray painting is strictly prohibited.

c.) Major repairs which include, but are not limited to,

construction, repair, or replacement of structural members or

portions of the vessel are prohibited.

d.) No use of welding, burning torch, or other open flame.

e.) In no event shall maintenance work performed to a vessel

result in damage to District facilities, including paint marks,

drill holes, burn marks, and spilled fuel, oil, paint or solvents.

The Permittee shall be financially liable for the repair or

restoration of any such damage, even if it is caused by

relatives, employees, or contract workers of the owner.

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 14 of 17

f.) District provided trash bins/dumpsters shall not be used for

any excessive waste created from maintenance/repairs done

to vessels. Vessel owners are responsible for disposing

excessive waste from maintenance/repairs offsite.

16. Animals shall always be leashed and controlled by the permit holder.

Pet owners shall be responsible for all pets’ actions within any area

of the Shelter Island Guest Docks; including, the floating docks,

grass area, and parking lot. Should any pet act as a nuisance by

displaying aggressive behavior, roaming free off-leash, defecating,

or disturbing the peace, such animal shall be removed, or the District

may revoke the permit.

17. Disorderly or discourteous conduct by Permittee or guests may result

in the immediate cancellation of the permit and removal of the

permitted vessel.

18. With exception of ADA approved mobility devices, the use of

motorized or manually powered vehicles at the guest docks is strictly

forbidden. All guests must walk within the guest dock area.

19. Anchorage/Guest Dock permits are not transferable. If a vessel

changes ownership while at the guest docks any existing reservation

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 15 of 17

shall end on the day of the transfer of ownership, and maritime staff must

be notified.

(i) Violations

1. Any person who violates any provision of this Section is guilty of a

misdemeanor unless, at the sole option of the District, the violation is

cited and prosecuted as an infraction or addressed through the

assessment of civil penalties.

2. An Anchoring Permit may be revoked for violation of any Federal, State,

or local statute or ordinance.

3. Any vessel anchored or docked in violation of any provision of this

Section is subject to removal and storage, by any Harbor Police Officer,

pursuant to Section 8.25 (a) of this Code. The registered and/or legal

owner of the vessel may be liable for all costs related to the removal and

storage of the vessel.

4. Upon any violation of the rules of this Code or the terms and conditions

of the permit, the Executive Director or his/her designee may at his/her

sole discretion implement a restriction of 30, 60, or 90 days or

permanent ineligibility for permits for the Anchorages and Guest Docks.

Persons will be notified by email when their accounts have been placed

on a restriction.

(j) Revocation of Anchoring/Guest Dock Permit

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 16 of 17

The District shall have the right at all times to revoke an Anchoring/Guest

Dock Permit to any vessel if it determines that the vessel fails to meet any

condition of this Section 4.38, as amended, is not seaworthy, properly

maintained, or presents a danger to public safety, District property, other

vessels, or the property of another, or if the Permittee, or any other Person

using, possessing or controlling the vessel fails to comply with any Federal,

State or local laws, or any terms and conditions of the Anchoring/Guest

Dock Permit, or if the Permittee, or any other Person using, possessing or

controlling the vessel has any outstanding fees or charges owed to the

District for damage to District property, towing and storage of a vessel, or

failing to remove any derelict, beached, or sunken or partially sunken

vessel, or causing the abandonment of a vessel.

(k) Applicant’s or Permittee’s Right of Appeal

1. If the District refuses to issue an Anchoring/Guest Dock Permit, as

described in Section (f), above, and Applicant for such Anchoring

Permit believes he/she satisfies all conditions for the issuance of an

Anchoring/Guest Dock Permit, Applicant may appeal, in writing, to

the Executive Director within Ten (10) calendar days of the date of

refusal. The appeal should contain all reasons why Applicant

San Diego Unified Port District – Port Code

Section No. 4.38

Article 4 – Regulation of Vessels – A-1 Anchorage, A-5 Anchorage and A-9 Anchorage

Section 4.38 – Page 17 of 17

believes he/she satisfies all conditions for the issuance of said

Anchorage/Guest Dock Permit.

2. If the District revokes an Anchoring/Guest Dock Permit as described

in Section (j), above, Permittee may appeal such revocation, in

writing, to the Executive Director within Ten (10) calendar days of the

date of revocation. The appeal should contain all reasons why

Permittee believed the revocation of the Anchoring/Guest Dock

Permit to be improper.

3. The Executive Director or his/her designated representative shall

respond within Ten (10) calendar days of the receipt of appeal, giving

a written decision. The decision of the Executive Director or his/her

designated representative shall be final.

(Enacted June 3, 2003 – Ordinance No. 2250)

(Amended February 12, 2008 – Ordinance No. 2487)

(Amended September 2, 2008 – Ordinance No. 2522)

(Amended May 9, 2023 – Ordinance No. 3092)

San Diego Unified Port District – Port Code

Section No. 4.40

Article 4 – North San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.40 – Page 1 of 4

SECTION NO. 4.40 – NORTH SAN DIEGO BAY ANCHORING, MOORING AND

AQUATIC ACTIVITIES REGULATED

(a) Purpose

California law (San Diego Unified Port District Act, Harbors and Navigation

Code, Appendix I, Sections 55 and 56) requires the Board of Port

Commissioners to regulate and control the anchoring, mooring, towing and

docking of vessels, and to make and enforce all necessary rules and

regulations governing the use and control of navigable waters within the

District. The purpose of this Section of the San Diego Unified Port District

Code is to implement that responsibility within North San Diego Bay.

Duly published regulations and restrictions promulgated by competent State

or Federal authority shall be paramount in the event of conflict with

provisions of this Code.

(b) Definitions

1. “North San Diego Bay” – That part of San Diego Bay between Central

San Diego Bay, as that term is defined in Section 4.35(b)1 of this

Code, and a line drawn from Zuniga Jetty Light "V" to Zuniga Jetty

Light "Z,” thence to Point Loma Light.

2. “Moorage Areas” – Those areas located in North San Diego Bay

which have been designated in and regulated by this Code for the

San Diego Unified Port District – Port Code

Section No. 4.40

Article 4 – North San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.40 – Page 2 of 4

mooring of vessels. Moorage areas located in North San Diego Bay

are designated and regulated in Section 4.08 of this Code.

3. “Shelter Island Yacht Basin Anchorage” – The Shelter Island Yacht

Basin Anchorage, also known as the A-1 Anchorage, as defined in

Section 4.38 of this Code.

4. “The Cruiser's Anchorage” – The Cruiser's Anchorage, also known

as the A-9 Anchorage, as defined in Section 4.38 of this Code.

1. North San Diego Bay, Anchoring Prohibited – North San Diego Bay,

with the exception of military security and restricted areas, safety

zones, special anchorage for U.S. Government vessels, B Street

merchant vessel anchorage, marked channels and other designated

anchorage and moorage areas, is reserved for active navigation.

Anchoring or mooring in North San Diego Bay, except in moorage

areas designated in Section 4.08 of this Code and the anchorage

areas designated in Section 4.38 of this Code is prohibited and

unlawful.

2. Authorization to anchor in North San Diego Bay outside designated

anchorage and moorage areas for a limited period of not more than

Seventy-Two (72) hours may be obtained by application to the

San Diego Unified Port District – Port Code

Section No. 4.40

Article 4 – North San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.40 – Page 3 of 4

office of the Chief of the San Diego Harbor Police. Such authorization

may be issued only in special circumstances for anchorage of

vessels which comply with all applicable rules of the road, including

anchor lights and shapes, in areas of North San Diego Bay which are

not subject to specific navigational designations as identified in

Section 4.40 (c)1, above.

3. It shall be unlawful for any vessel underway in moorage areas

designated in Section 4.08 and anchorage areas designated in

Section 4.40(c)1 and 4.38 of this Code, to be operated in excess of

Five (5) Miles Per Hour.

4. Watercraft engaged in public works projects, patrol, derelict removal,

geological or environmental survey, or other work permitted by

competent local, State or Federal authority shall be exempt from this

restriction during the course of such work. This section shall not

apply to vessels engaged in fishing during daylight hours.

(d) Penalty

1. Any person who violates any provision of this Section shall be guilty

of a misdemeanor.

2. Any vessel anchored in violation of any provision of this Section shall

be subject to removal and storage by any Harbor Police

San Diego Unified Port District – Port Code

Section No. 4.40

Article 4 – North San Diego Bay Anchoring, Mooring and Aquatic Activities Regulated

Section 4.40 – Page 4 of 4

Officer pursuant to Section 8.25(a) of this Code. The registered

and/or legal owner of the vessel may be liable for all costs related to

the removal and storage of any vessel removed and stored pursuant

to this Section.

(Enacted February 22, 1994 – Ordinance No.1636)

(Amended March 9, 2004 – Ordinance No. 2287)

San Diego Unified Port District – Port Code

Section No. 8.01

Article 8 – Police Measures - Diving Within San Diego Bay Regulated

Section 8.01 – Page 1 of 3

ARTICLE 8

POLICE MEASURES

SECTION NO. 8.01- DIVING WITHIN SAN DIEGO BAY REGULATED

(a) "Underwater diving,” as used in this article, shall mean any underwater

activity conducted with the aid of any breathing apparatus, faceplate or

goggles.

(b) It shall be unlawful for any person to engage or participate in underwater

diving or in any other underwater activity in San Diego Bay except to

seaward of Ballast Point; and it shall be unlawful for any person to

participate in underwater diving or in any other underwater activity in the

main ship channel from Ballast Point southward to lighted bell buoy No. 5.

1. Persons actually engaged in the inspection, repair and maintenance

of vessels secured to a slip or moored in an established small boat

basin.

2. Duly authorized persons diving within the limits of the Bay of San

Diego during disasters.

3. Duly authorized agents or employees of the United States, the State

of California, or any political subdivision thereof while actually

engaged under supervision in the construction, care or maintenance

of the underwater surfaces of vessels or facilities.

San Diego Unified Port District – Port Code

Section No. 8.01

Article 8 – Police Measures - Diving Within San Diego Bay Regulated

Section 8.01 – Page 2 of 3

4. Persons actually participating in bona fide program training under the

supervision and direction of Naval Authorities within that area of

South San Diego Bay designated as a "Seaplane Restricted Area".

(Code of Federal Regulations, Title 33, Section 207.612), (Coast &

Geodetic Survey Chart No. 5107).

5. Persons actually participating in bona fide program training under the

supervision and direction of Naval Authorities within that area of

South San Diego Bay designated as a "Seaplane Restricted Area.”

(Code of Federal Regulations, Title 33, Section 207.612; Coast &

Geodetic Survey Chart No. 5107).5. Persons actually participating in

bona fide training exercises conducting ascents from a Diving Bell,

under the direction and supervision of Naval Authorities at the 70'

deep off the Ballast Point Fuel Annex Pier.

6. Persons actually engaged in the construction, inspection, repair or

maintenance of vessels and marine facilities provided that:

(i) Such persons apply for and receive written permission from

the Executive Director to conduct such activities; and

(ii) That there shall be an assistant present who shall be on the

surface of the water close over the person engaged in

San Diego Unified Port District – Port Code

Section No. 8.01

Article 8 – Police Measures - Diving Within San Diego Bay Regulated

Section 8.01 – Page 3 of 3

underwater activity, able and equipped to make a

conspicuous display of the signals prescribed for diving.

(Enacted March 14, 1963 – Ordinance No. 20)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 1 of 14

SECTION NO. 8.02- PARK AREAS REGULATED

(a) For purposes of this Section, a "Public Park" of the District

defined as

follows, and as shown on maps on file with the Clerk of the District,

which may be updated by the Executive Director without further action by

the Board.

1. "Shoreline Park" on Shelter Island in the City of San Diego, the

public area bay ward of Shelter Island Drive to the waterline,

bordered on the north by the northwestern fence line of the parking

lot north of the traffic circle, on the west by the public dock, and on

the east by the private leaseholds, including the fishing pier and boat

launching ramp.

2. "Harbor Island Park" on Harbor Island in the City of San Diego,

bordered on the north by Harbor Island Drive, on the south by

the

waterline, on the west by the entrance to the public parking lot, and

on the east by the point where the grass narrows to a uniform

width along

the

waterline.

3. "Spanish Landing Park" in the City of San Diego, bordered on the

north-by-North Harbor Drive, on the south by the waterline, on

the

west by the intersection of the waterline with the Navy Estuary

Bridge,

and

on the east by the end of the grassy area east of Cancer

Survivors Park.

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 2 of 14

4. "Tuna Harbor Park" in the City of San Diego, the public

area

bay

ward of North Harbor Drive, ordered on the north by the roadway

parallel to the Midway Memorial, on the south by the grassy area

the

north end of Seaport Village, and on the west by the

waterline, including the area north of G Street between the waterline

and the northern curb line of the parking lot, excluding G Street.

5. "Embarcadero Marina Park North" located at the southern end of

Kettner Boulevard in the City of San Diego, on the peninsula south

of the sidewalk at Seaport Village.

6. "Embarcadero Marina Park South," located southwest of

the

Convention Center in the City of San Diego, on the peninsula south

of the sidewalk that crosses Marina Parkway, including the fishing

pier.

7. "Caesar Chavez Park" in the City of San Diego, bordered by Cesar

Chavez Parkway, Crosby Road, the waterline, and a wall, including

the recreational pier.

8. “Pepper Park" in National City, located at the southern end of

Tidelands Avenue, bordered by fence lines and the waterline,

including the boat launching ramp and fishing pier.

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 3 of 14

9. "Chula Vista Bayside Park" in the City of Chula Vista, located where

G Street meets the Bay, bordered by fence lines and the waterline.

10. "Chula Vista Bayfront Park" in the City of Chula Vista, on the

peninsula at the end of Marina Way, including the boat launching

ramp.

11. "Marina View Park" in the City of Chula Vista, bordered by Marina

Way, Marina Parkway, a fence line, and the waterline.

12. "Portwood Pier Plaza" in the City of Imperial Beach, the public areas

bordered by the sidewalks on Seacoast Drive and Elder Avenue, the

beach, and an alley, including the fishing pier.

13. "Dunes Park" in the City of Imperial Beach, bordered by the sidewalk

on Seacoast Drive, the beach, and fence lines.

14. "Grand Caribe Shoreline Park" in the City of Coronado, located at

the end of the Grand Caribe Causeway, bordered by the waterline

and a fence line.

15. "Coronado Tidelands Park" in the City of Coronado, bordered by the

sidewalk on Glorietta Boulevard, Mullinix Drive southerly to the

waterline, and a fence line.

16. "Coronado Landing Park" in the City of Coronado, at the foot of

Orange Avenue along the waterline from the walkway bay ward,

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 4 of 14

bordered on the east by the parking lot east of the ferry landing, and

on the west by the end of the sand area and eastern end of the

adjoining rocks, excluding the fishing pier and ferry landing.

17. "Broadway Pier'' in the City of San Diego, at the foot of Broadway,

west of the sidewalk bay ward of North Harbor Drive.

18. “Ruocco Park” in the City of San Diego, on the west side of Pacific

Highway and bordered on the north by North Harbor Drive and the

south by Seaport Village and on the west by Tuna Harbor boat

docking area.

19. “Greatest Generation Walk Park” in the City of San Diego, on the

west side of North Harbor Drive starting at the exit of the driveway to

the USS Midway Museum and Navy Pier and extending south to G

Street and the entrance to the Tuna Harbor parking lot and bordered

on the west by the waterline.

20. “Broadway Landing” in the City of San Diego, located on the west

side of North Harbor Drive from the north side of Navy Pier to the

south side of B Street Pier and bordered by the waterline.

21. “Lane Field Park” in the City of San Diego, located along the east

side of North Harbor Drive from the corner of West Broadway up to

the fence line of the Navy property and across from Broadway Pier

and B Street Pier.

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 5 of 14

22. “North Embarcadero Promenade” in the City of San Diego, located

on the west side of North Harbor Drive starting at the south side of B

Street Pier and extending northbound to Grape Street and bordered

by the waterline.

23. Any other land designated as a public park.

(b) Within the limits of a Public Park of the District:

1. No person shall use any area or facility set aside, used, maintained

or designated for a specific recreational or park purpose by the Board

or the Executive Director, which purpose is reasonably apparent

from the appearance, construction or designation of such facility or

area, or as to which reasonable notice of such designation or

purpose is given by signs posted thereon, for a purpose contrary to

or inconsistent with such specific or designated purpose.

2. No person shall land, release, take off or fly any balloon (except

children’s toy balloons not inflated with any flammable material),

helicopter, parakite, hang glider, aircraft or powered models thereof

except by permit duly issued by the Executive Director.

3. No person shall engage in any voluntary parachute jump.

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 6 of 14

4. No person shall use any bow or crossbow or throw or release any

arrows.

5. No person shall remove any wood, tree, shrub, plant, turf, grass, soil,

rock, sand or gravel.

6. No person shall cut, break, injure, tamper with, deface or disturb any

tree, shrub, plant, rock, building, monument, fence, bench, structure,

apparatus, equipment or property; or mark, paint, post or write upon

any building, monument, fence, bench or other structure; or post,

place or erect any bills, notice, paper or advertising device or matter

of any kind.

7. No person shall enter, remain, stay or loiter in any Public Park between

the hours of 10:30 p.m. and 6:00 a.m. of the following day. For any

Public Park or recreational facility subject to this provision, the

Executive Director may extend the 10:30 p.m. closing time for up to One

(1) hour to accommodate any District approved event. The

Embarcadero Marina Park South fishing pier, the Shoreline Park fishing

pier on Shelter Island, including the automobile parking lot immediately

adjacent thereto, the Portwood Pier Plaza fishing pier, Greatest

Generation Walk Park, Broadway Landing, Lane Field Park and North

Embarcadero Promenade shall not be subject to the closing time

provision

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 7 of 14

8. No person shall drive or ride any cycle or vehicle, whether powered

by a motor or human power, except on paths, roads or drives

designed and provided for such purposes.

9. No person shall make or kindle a fire or cook food, except on a stove

or masonry or concrete hearth or fire circle provided for such

purposes, or on a portable stove or hearth of an approved type and

in areas specifically posted for such use.

10. No person shall throw, discard or deposit any paper, rubbish, debris,

ashes, dirt, bottles, cans, trash or litter of any kind or nature

whatsoever, except in receptacles specifically provided therefor.

11. No person shall discharge any firearms, firecrackers,

fireworks,

rockets, model rockets, torpedoes,

air gun or slingshot.

12. No person shall assemble, collect or gather together in any walk,

driveway, passageway or pathway in any Public Park or in other

places set apart for the travel of persons or vehicles in or through

any Public Park or occupy the same so that the free passage or use

thereof by persons or vehicles passing along the same shall be

obstructed in any manner.

13. No person shall roller skate, use or ride any skateboard.

14. No person shall erect, use or occupy any tent, lodge, camp or shelter.

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 8 of 14

15. No person shall play any game of ball or engage in any sport, athletic

game or contest or any kind except at such places and at such times

as designated for such purpose by action of the Board or by the

Executive Director.

16. No person shall clean, wash or polish, or make other than emergency

repairs to any automobile, motorcycle or self-powered vehicle.

17. No person or group of persons exceeding twenty-five (25) in number

shall hold, conduct or participate in any celebration, parade, service

or picnic in any Public Park without first obtaining a permit from the

District.

18. No person shall possess an aerosol container of paint or other liquid

substance capable of and intended to be used for defacing any

Public Park property.

19. No person shall launch or retrieve any vessel, boat or barge at the

boat launching ramp, adjacent float, docks or piers within the Chula

Vista Bayfront Park during the time period beginning One (1) hour

after sunset and ending One (1) hour before sunrise the next day

(local time) without the prior written permission of the Executive

Director.

20. No person shall operate any vessel, boat or barge carrying

passengers, merchandise, building materials, petroleum products,

San Diego Unified Port District – Port Code

Section No. 8.02

Article 8 – Park Areas Regulated Section 8.02 – Page 9 of 14

compressed gas or cargo to or from the boat launching ramp, float,

docks or piers within the Chula Vista Bayfront Park and any point,

location, vessel, boat, barge, structure or dock within San Diego Bay

without the prior written permission of the Executive Director.

21. No person shall operate any vessel, boat or barge carrying

passengers for hire or passengers for any other commercial

endeavor or venture, merchandise, building materials, petroleum

products, compressed gas or cargo to or from the ramp, float, dock

or pier at the Pepper Park boat launching ramp and park complex in

National City and any point without obtaining a properly executed

permit as provided for in Section 8.02(e) of this Code.

22. Pursuant to a sunset provision, Subsection 8.02(a) 25 was repealed

on October 30, 1995.

23. No person shall launch or retrieve, or attempt to launch or retrieve,

any vessel at the boat launching ramp at Shoreline Park on Shelter

Island unless the size of the vehicle, including any attached trailer,

load or vessel thereon, does not exceed Eight and One-Half (8-1/2)

feet in width or Forty Five (45) feet in length, except that subject to

prior express written permission of the Executive Director, for

San Diego Unified Port District – Port Code

Section No. 8.03

Article 8 – Park Areas Regulated Section 8.03 – Page 10 of 14

special events the length restriction of Forty-Five (45) feet may be

increased to a length not to exceed Sixty Five (65) feet.

24. With respect to the public promenade surrounding the Rady Shell

event venue in Embarcadero Marina Park South, the following are

not permitted in the two hours prior to and for the duration of a

scheduled performance at the Rady Shell: (A) use or transport of any

object that can or may impeded or restrict the free and easy passage

of persons and/or vehicles, including, but not limited to, tents,

awnings, canopies, shades, chairs, tables, benches, coolers, ice

chests, storage wagons, storage containers, and/or portable stoves

or hearths or other cookware; and (B) any access to the riprap

adjacent to such public promenade for any purpose.

This Section 8.02(b)(24) is not intended to and does not in any way

affect other provisions of the Port Code applicable to any Public Park,

including, but not limited to, Port Code Section 8.02(b)(12).

pier:

1. No person shall operate any vehicle on a fishing or recreationa

pier,

except as

permitted

by the

Executive

Director.

2. No person shall ride a

bicycle, scooter,

skate,

skateboard

or other

wheeled device on any pier.

Subdivisions

1 and 2 of this provision

San Diego Unified Port District – Port Code

Section No. 8.03

Article 8 – Park Areas Regulated Section 8.03 – Page 11 of 14

shall not apply to the use of wheelchairs by persons whose physical

condition necessitates

such use.

3. No person

shall

dive or

jump,

or cause

another

fall,

dive or jump from

a pier, or climb or be on the outside of the railing of a pier

except

for the

purpose

rescuing

saving

lives.

4. No person shall swim,

operate

otherwise

use a surfboard, skindive

or use

self-contained underwater

breathing apparatus within an area

described

one hundred

(100) feet of

either

side of the pier.

5. No person shall climb or

crawl

on the pier

railings,

pilings or under

structures.

6. No person

shall

do any

overhead casting

or allow any fishing lure or

hook to pass

inboard

of the pier railing while casting.

7. No person shall clean any fish except at locations provided for that

purpose.

8. No person shall use more than Two (2) poles or drop lines at any

one time.

9. No person shall fish or trap sea life for commercial purposes.

10. No person shall use any fishing spear or spear gun.

(d) Nothing contained in these provisions shall be construed to prohibit any

authorized employee, agent or contractor of the District from doing any act

which the Board or the Executive Director may deem necessary or proper

for the maintenance, improvement or betterment of any of said Public Park;

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Section No. 8.03

Article 8 – Park Areas Regulated Section 8.03 – Page 12 of 14

furthermore, nothing herein contained shall be applicable to prohibit the

performance by a peace officer in the exercise of authorized duties.

(e) Whenever the privilege of using a Public Park area for doing any of the acts

hereinbefore enumerated in this section requires obtaining a permit,

permission or consent from the Executive Director, the following procedure

shall be followed:

1. An application for a permit shall be filed not less than Ten (10) days

before the date on which the proposed activity or event is to be

conducted.

2. The application shall include information as to the proposed activity,

the sponsoring person or organization, the number of persons

expected to attend, the proposed area to be used, the proposed date

and time of the event, the duration in time, and may include proposed

alternate areas and dates.

3. The Executive Director shall review the application and thereafter

shall have the right to give or not to give a permit. In reaching a

decision, the Executive Director may waive the Ten (10) day filing

requirement of subsection 1, above, may consider whether activity

will conflict or interfere with any other event previously scheduled and

whether the activity will unreasonably add to congestion or interfere

with or impede the normal flow of vehicular or pedestrian traffic.

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Section No. 8.03

Article 8 – Park Areas Regulated Section 8.03 – Page 13 of 14

4. Each permit shall state the date, time and area of the park for which

it is issued, the name of the person or persons to whom it is issued

and any conditions and limitations upon which the permit is given.

5. Each permit shall be subject to the requirements regarding noise and

parades as contained in the Municipal Code of the particular City in

which the park is located. In the City of San Diego, the applicable

provisions include, but are not limited to, Municipal Code §59.5.0101

et seq.

6. If a permit is not given, the applicant may submit a new request

proposing an alternate date, time or location.

7. When a permit is not given, the applicant may, within Fifteen (15)

days after receiving notice thereof, request such a permit from the

Board of Port Commissioners by filing a request therefor with the

Clerk of the District. If a timely request is not so filed, the decision of

the Executive Director shall be final. In the event a timely request is

filed, the Clerk of the District shall cause the matter to be placed as

an appearance item on the agenda of a regular meeting of the Board

that is scheduled within the next Thirty (30) days. The item on the

agenda shall not be a hearing nor shall evidence be taken. The

applicant may appear, make a presentation and request a permit.

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Section No. 8.03

Article 8 – Park Areas Regulated Section 8.03 – Page 14 of 14

The Board shall thereafter have the absolute right to either give or not to

give a permit and that decision of the Board shall be final.

(f) If any provision of this section or the application thereof to any person or

circumstances is held invalid, such invalidity shall not affect other provisions

or applications of this section which can be given effect without the invalid

provisions or application, and to this end the provisions of this section are

severable.

(Enacted July 1, 1980 – Ordinance No. 879)

(Amended September 11, 1984 – Ordinance No. 1078)

(Amended March 17, 1987 – Ordinance No. 1208)

(Amended December 20, 1988 – Ordinance No. 1293)

(Amended November 21, 1989 – Ordinance No. 1342)

(Amended April 23, 1991 – Ordinance No. 1422)

(Amended September 20, 1994 – Ordinance No. 1693)

(Amended September 6, 2005 – Ordinance No. 2355)

(Amended December 5, 2006 – Ordinance No. 2430)

(Amended May 8, 2007 – Ordinance No. 2450)

(Amended August 5, 2008 – Ordinance No. 2517)

(Amended August 14, 2012 – Ordinance No. 2684)

(Amended September 16, 2014 – Ordinance No. 2778

(Amended March 14, 2023 – Ordinance No. 3079)

San Diego Unified Port District – Port Code

Section No. 8.03

Article 8 – Emergency Park Closure Section 8.03 – Page 1of 1

SECTION NO. 8.03

–

EMERGENCY PARK CLOSURE

(a) Whenever a danger to the public health or safety is created in any public

park by such causes as flood, storm, fire, earthquake, explosion, accident

or other disaster, or by riot or unlawful assembly, the Executive Director or

the Harbor Police may close the area where the danger exists for the

duration thereof to any and all persons authorized to enter or remain within

such closed area.

(b) The Harbor Police may close the immediate area surrounding any

emergency field command post established for the purpose of controlling

any dangerous condition stated in this section to all unauthorized persons.

pursuant to subdivisions (a) or (b) of this section nor shall willfully remain

within such areas after receiving notice to evacuate or leave the area from

any peace officer.

(Enacted July 1, 1980 – Ordinance No. 879)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.04

Article 8 – Prohibiting the Cultivation of Marijuana on District Tidelands

Section 8.04 – Page 1 of 2

SECTION NO. 8.04

–

PROHIBITING THE CULTIVATION OF MARIJUANA ON

DISTRICT TIDELANDS

(a) Definitions

In addition to the definitions and interpretations set forth in Section 0.03 of

this Code, and for purposes of this Section, the following words shall mean:

1. “Cannabis” shall have the same meaning as set forth in California

Business & Professions Code §19300.5(f), as may be amended

from time to time.

2. “Cultivation” means any activity involving the planting, growing,

harvesting, drying, curing, grading, or trimming of cannabis or

cannabis products.

3. “Marijuana” means cannabis.

(b) Prohibition

The cultivation of marijuana within the District’s jurisdiction, on District

tidelands, submerged lands granted to the District, and any other lands

conveyed to or acquired by the District is prohibited.

The Executive Director or designee is hereby directed to enforce this

prohibition pursuant to Section 0.11 of this Code.

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Section No. 8.04

Article 8 – Prohibiting the Cultivation of Marijuana on District Tidelands

Section 8.04 – Page 2 of 2

(d) Preemption

Pursuant to Section 60 of Harbors and Navigation Code Appendix I, this

Section is intended to preempt local regulation of marijuana on District

tidelands and submerged lands granted to the District, and any other lands

conveyed to or acquired by the District.

(Amended, January 1, 2016 – Ordinance No. 2847)

San Diego Unified Port District – Port Code

Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 1 of 74

SECTION NO. 8.05

–

VENDING AND EXPRESSIVE ACTIVITY REGULATED

(a) Definitions

In addition to the definitions and interpretation set forth in Section 0.03 of

this Code, and for purposes of this Section, the following words or phrases

shall mean:

1. "Allotted Space" or "Allotted Spaces" — the space or spaces located

inside a Designated Area. Depending on the Designated Area in

which the Allotted Space is located, an Allotted Space shall measure

four (4) feet by four (4) feet, four (4) feet by eight (8) feet, eight (8)

feet by six (6) feet, ten (10) feet by six (6) feet, or ten (10) feet by ten

(10) feet.

2. “Broadway Landing” – the District-designated public park in the City

of San Diego, consisting of the non-leased portions of space

bordered on the west by the North Embarcadero Promenade, on the

east by North Harbor Drive, on the north by an imaginary line

extending from the southern edge of B Street Pier to Harbor Drive

and on the south by an imaginary line extending from the northern

edge of Navy Pier to North Harbor Drive.

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 2 of 74

3. “Broadway Pier” – the District-designated public park in the City of

San Diego, located at the foot of Broadway, west of the sidewalk

bayward of North Harbor Drive.

4. “Cesar Chavez Park” - the District-designated public park in the City

of San Diego, bordered by Cesar Chavez Parkway, Crosby Street,

the waterline, and a wall, including the recreational pier.

5. “Chula Vista Bayfront Park” - the District-designated public park in

the City of Chula Vista, on the peninsula at the end of Marina Way,

including the boat launching ramp.

6. "Chula Vista Bayside Park" — the District-designated public park

located in the City of Chula Vista, bordered by Bayside Parkway on

the north and the waterline immediately preceding the Chula Vista

Harbor with a fishing pier on it.

7. “Chula Vista Marina View Park” - the District-designated public park

in the City of Chula Vista, bordered by Marina Way, Marina Parkway,

a fence line, and the waterline.

8. “Commercial Vending” – Vending of commercial merchandise, which

includes items that have more than a nominal or functional utility

apart from their communicative or expressive purpose (i.e., items

that have functional utility and that are not limited to the following:

food, including water, and food products; house wares including

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 3 of 74

dishes or eating utensils, appliances, cosmetics, beauty supplies,

oils, lotions, and perfumes, incense, candles, handcrafts, jewelry,

hats, visors, sunglasses, souvenirs, toys and stuffed animals.

9. “Commercial Vendor” – a person who engages in Commercial

Vending. This includes a vendor who is an employee or agent of

another.

10. "Coronado Landing Park" — the District-designated public park

located in the City of Coronado, at the foot of Orange Avenue along

the waterline from the walkway bayward, bordered on the east by the

parking lot east of the ferry landing, and on the west by the end of

the sand area and eastern end of the adjoining rocks, excluding the

fishing pier and ferry landing.

11. "Coronado Tidelands Park" — the District-designated public park

located in the City of Coronado, bordered by the sidewalk on

Glorietta Boulevard, Mullinix Drive southerly to the waterline, and a

fence line.

12. "Designated Area" or "Designated Areas" — the ten (10) areas on

Tidelands designated by the District for the uses designated in this

Section. A map depicting the Designated Areas is attached to this

Section and is also available for inspection and copying in the Office

of the District Clerk.

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 4 of 74

13. "Donation" — a gift; a voluntary act which is not required and does

not require anything in return.

14. “Dunes Park” - the District-designated public park in the City of

Imperial Beach, bordered by the sidewalk on Seacoast Drive, the

beach, and fence lines.

15. "Embarcadero Marina Park North" — the District-designated public

park located at the southern end of Kettner Boulevard in the City of

San Diego, on the peninsula south of the sidewalk at Seaport Village.

16. "Embarcadero Marina Park South" — the District-designated public

park located southwest of the Convention Center in the City of San

Diego, on the peninsula south of the sidewalk that crosses Marina

Parkway, including the fishing pier.

17. “Expressive Activity” – Expressive Activity includes all forms of

speech and expressive conduct, including but not limited to (1) the

distribution of non-commercial information, (2) solicitation of funds,

donations, subscriptions and/or signatures for a charity, religious

organization, non-profit, or government entity, and (3) the sale of or

performing artwork, speeches, and/or performances that are

inherently communicative in nature and have only nominal value or

purpose apart from its communication. Such items include but are

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 5 of 74

not limited to the following: newspapers, leaflets, pamphlets, bumper

stickers, buttons, books, audio, video, compact discs, video discs,

records, sculptures, paintings and photographs, including prints of

paintings and photographs, political campaigning activity, including

the distribution of literature, stickers, shirts, cups or other promotional

material such as signs and campaign messages, and any other

similar item that is inherently communicative and has only nominal

value or purpose apart from its communication. Expressive Activity

shall not include (a) the provision of personal services such as hair

weaving or massage (b) the application of substances or handcrafts

to others’ skin or body parts including but not limited to piercings, or

ink, paints or dyes applied with a needle or machine (non-Henna

tattoos), (c) the creation of Visual Art which is mass produced or

produced with limited variation, or (d) the creation of Handcrafts. This

list of exclusion is not intended to be exhaustive.

18. “Fifth Avenue Landing Park” - the District-designated public park in

the City of San Diego, bordered on the north by the parking lot of the

Fifth Avenue Landing leasehold, to the west by the South

Embarcadero Promenade, on the east by Convention Way and on

the south by San Diego Bayfront Park.

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 6 of 74

19. "Food" or "Food Products" — any type of edible substance or

beverage.

20. "Goods" or "Merchandise" — any items that are not a food product.

21. “Grand Caribe Shoreline Park” - the District-designated public park

in the City of Coronado, located at the end of the Grand Caribe

Causeway, bordered by the waterline and a fence line.

22. "Handcrafts" — objects made either by hand or with the help of

devices used to shape or produce the objects through such methods

as weaving, carving, stitching, sewing, lacing, welding or beading

including but not limited to objects such as jewelry (articles made of

precious metals, metal, stones, glass or gems such as necklaces,

bracelets, earrings, or rings used or intended for personal

adornment), pottery, silver or metal work, leather goods, and trinkets.

Handcrafts are not likely to communicate a message, idea, or

concept to others, are often mass-produced or produced with limited

variation, and often have functional utility apart from any

communicative value they might have. Handcrafts do not include

Visual Art.

23. “Harbor Island Park” – the District-designated public park on Harbor

Island, bordered on the north by Harbor Island Drive, on the south by

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 7 of 74

the waterline, on the west by the entrance to the public parking lot,

and on the east by the point where the grass narrows to a uniform

width along the waterline.

24. “Lane Field Park” – the District-designated public park in the City of

San Diego, along the east side of North Harbor Drive from the corner

of West Broadway up to the fence line of the Navy property and

across from Broadway Pier and B Street Pier.

25. "North Embarcadero Promenade" (Promenade) — the District-

designated public park approximately eight (8) foot to twenty (20) foot

wide manmade promenade in the City of San Diego that runs parallel

to San Diego Bay from the north edge of Laurel Street to the northern

edge of Seaport Village located at 849 West Harbor Drive, San

Diego.

“Pepper Park” - the District-designated public park in the City of

National City, located at the southern end of Tidelands Avenue,

bordered by fence lines and the waterline, including the boat

launching ramp and fishing pier.

26. "Person” – natural person, joint venture, joint stock company,

partnership, association, club, company, corporation, business trust,

organization, or the manager, lessee, agent, servant, officer or

employee of any of them.

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 8 of 74

27. “Person Engaged in Expressive Activity” - A person who engages in

Expressive Activity. This includes the employers, employees, and

agents of the person.

28. “Point Loma Marina Park” – the District-designated public park in the

City of San Diego, located bayward of North Harbor Drive and

bordered immediately to the east by the Point Loma Marina

leasehold.

29. “Portwood Pier Plaza” - the District-designated public park in the City

of Imperial Beach, consisting of the public areas bordered by the

sidewalks on Seacoast Drive and Elder Avenue, the beach, and an

alley, including the fishing pier.

30. “Ruocco Park” - the District-designated public park in the City of San

Diego, located at the southwest corner of Pacific Highway and North

Harbor Drive, bordered on the west by the North Embarcadero

Promenade, on the south by a seafood company leasehold, on the

east by Pacific Highway and on the north by North Harbor Drive.

31. “San Diego Bayfront Park” - the District-designated public park in the

City of San Diego, bordered on the south by the South Embarcadero

Promenade, on the west by Fifth Avenue Landing Park, on the north

by Convention Way, and on the east by a hotel leasehold.

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 9 of 74

32. "Sculpture" — A three-dimensional work of art that is created through

shaping solid material such as wood, stone, clay or metal by carving,

modeling, or similar methods and intended for display as a piece of

art.

33. “Shelter Island Shoreline Park” – the District-designated public park

in the City of San Diego, located bayward of Shelter Island Drive to

the waterline, bordered on the north by the northwestern fence line

of the parking lot north of the traffic circle, on the west by the public

dock, and on the east by the private leaseholds, including the fishing

pier and boat launching ramp.

34. “South Embarcadero Promenade” – the District-designated public

park consisting of a manmade promenade approximately eight (8) to

twenty (20) feet wide in the City of San Diego that runs parallel to

San Diego Bay from the northern edge of Seaport Village located at

849 West Harbor Drive to the fence on northwest side of the Tenth

Avenue Marine Terminal.

35. “Spanish Landing Park” – the District-designated public park in the

City of San Diego, bordered on the north by North Harbor Drive, on

the south by the waterline, on the west by the intersection of the

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 10 of 74

waterline with the Navy Estuary Bridge, and on the east by the end

of the grassy area east of Cancer Survivors Park.

36. "Tidelands" — those areas in the member cities of Chula Vista,

Coronado, Imperial Beach, National City and San Diego under the

control and jurisdiction of the San Diego Unified Port District and not

under lease to private parties. Tidelands shall include without

limitation streets, parking lots, sidewalks, alleys, plazas, parks, piers,

beaches, sea walls and open public lands.

37. "Tuna Harbor Park"- in the City of San Diego the District-designated

public park located bayward of North Harbor Drive, bordered on the

north by the roadway parallel to the USS Midway Museum, on the

south by the grassy area at the north end of Seaport Village, and on

the west by the waterline, including the area north of "G" Street

between the waterline and the northern curb line of the parking lot,

excluding "G" Street.

38. "Vend" or "Vending" — to sell, offer for sale, expose or display for

sale, solicit offers to purchase, or to barter Food, Goods, Handcrafts,

Merchandise, Visual Arts, or services in any public area, whether

stationary or roaming, from a stand, pushcart, motor vehicle, or by a

person with or without the use of any other device or other method

of transportation. To require someone to pay a fee or to set,

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Section No. 8.05

Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 11 of 74

negotiate, or establish a fee before providing goods or services

constitutes vending. Requests for donations or accepting donations

in exchange for merchandise also constitute vending.

39. "Vendor" — a Person who vends. This includes a Vendor who is an

employee or agent of another.

40. "Visual Art" — Sculptures or drawings or paintings, applied to paper,

cardboard, canvas, or other similar or technologically equivalent

medium through the use of brush, pastel, crayon, pencil, stylus, or

other similar object.

(b) Findings and Purposes

The Board of Port Commissioners of the San Diego Unified Port District

finds and declares as follows:

1. The North Embarcadero Promenade

a) Health, Safety, and Welfare. The North Embarcadero

Promenade (Promenade) is a designated District park. The

Promenade is a major tourist attraction on Tidelands and

receives hundreds of thousands of visitors every year. For a

public promenade, it is narrow at only eight (8) to twenty (20)

feet in width and must accommodate walkers, runners, bicycle

and scooter riders, pedicabs, cruise ship passengers, and

visitors. Its total distance in the busiest portion of the

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Section No. 8.05

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Promenade which runs from Grape Street through the San

Diego Convention Center comprises only 1.3 miles and

contains 30 acres of public space. Because of the presence

of parking lots immediately adjacent to the Promenade to

provide vehicle access to San Diego Bay, visitors parking near

the Promenade must be afforded access. Vending and

Expressive Activity on the Promenade must be regulated

because the equipment and activities that accompany

Vending and Expressive Activity, including tables, displays,

chairs, umbrellas, and pushcarts, and impeding and

interacting with pedestrians is incompatible with the narrow

confines of the Promenade and poses a risk of accidents and

injury to walkers, runners, bicycle riders, pedicabs, cruise ship

passengers, and visitors as they attempt to navigate narrow

paths congested with Vendors and Persons Engages in

Expressive Activities and associated equipment.

Furthermore, Vendors engages in the sale of food must be

regulated to protect the health and safety of the general public

in accordance with the requirements of the San Diego County

Health Department to ensure compliance with sanitation, food

preparation, and food handling laws to protect against food

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Article 8 – Vending and Expressive Activity Regulated Section 8.05 – Page 13 of 74

contamination, poor hygienic practices, and food poisoning.

Finally, the total number of Vendors and Persons Engages in

Expressive Activity must be limited to accommodate

pedestrian access and to prevent hazardous or unsanitary

conditions and to ensure that trash and debris do not become

a pollutant by being left, thrown, discarded or deposited on the

street, sidewalks, pathways, gutters, storm drains, or upon

public land or tenant leaseholds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. As explained above, the Promenade does not

have the capacity to accommodate unregulated Vending and

Expressive Activity. Inhibiting travel along the Promenade

also inhibits residents’ and visitors’ use and enjoyment of

recreational opportunities and historic attractions to which the

Promenade provides direct access, including Broadway Pier,

the Maritime Museum of San Diego, harbor tour vessels, Navy

Pier/U.S.S. Midway Museum, restaurants, and other sites. In

addition, noise associated with Vending and Expressive

Activity must be regulated to ensure residents’ and visitors’

use and enjoyment of natural resources and recreational

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opportunities along the Promenade and at the historic and

commercial attractions listed above.

c) Interference with Scenic and Natural Character. Along with

access to the recreational opportunities and historic

attractions, the Promenade also offers residents and visitors

a clear view of the scenic San Diego Bay and the bayfront

cityscape. Unregulated Vending and Expressive Activity along

the Promenade would block access and views, interfering with

the scenic and natural character of the Promenade.

2. Embarcadero Marina Park North and Embarcadero Marina Park

South

a) Health, Safety, and Welfare. Embarcadero Marina Park North

and Embarcadero Marina Park South are sites often used for

recreation and events that require individual park permits, as

well as pre- planning and notice to the District. The paths that

run around and through these parks are narrow and intended

for ingress and egress from the parks or for walking, bicycling,

or other recreational pursuits. These parks rest mostly as

small peninsulas in the San Diego Bay, with both parks having

only one route to and from the park. Unregulated Vending and

Expressive Activity in these parks creates an unsafe

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environment for pedestrians and other users, as the tables,

displays, chairs, umbrellas, and pushcarts, and impeding and

interacting with pedestrians is incompatible with the nature of

the park and poses a risk of accidents and injury to

pedestrians and other users of the parks. Furthermore,

Vendors engaged in the sale of food must be regulated to

protect the health and safety of the general public in

accordance with the requirements of the San Diego County

Health Department to ensure compliance with sanitation, food

preparation, and food handling laws to protect against food

contamination, poor hygienic practices, and food poisoning.

Finally, the total number of Vendors and Persons Engaged in

Expressive Activity must be limited to accommodate

pedestrian access and to prevent hazardous or unsanitary

conditions and to ensure that trash and debris do not become

a pollutant by being left, thrown, discarded or deposited on the

streets, sidewalks, pathways, gutters, storm drain, or upon

public land or tenant leaseholds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The parks are available to the public for hosting

larger gatherings or smaller get-togethers like picnics.

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Unregulated Vending and Expressive Activity would occupy

spaces in the parks for these events and prevent residents

and visitors from using and enjoying the parks’ resources. In

addition, noise associated with Vending and Expressive

Activity must be regulated to ensure residents’ and visitors’

use and enjoyment of natural resources and recreational

opportunities along the parks, paths and other gatherings and

events that occur in this area.

c) Interference with Scenic and Natural Character. Situated

directly on San Diego Bay, these parks offer some of the best

views of San Diego Bay as well as Coronado and, as

explained above, are popular picnic areas. Unregulated

Vending and Expressive Activity would change the nature and

diminish the purpose of these parks, by blocking views from

the parks and of the parks themselves.

3. Tuna Harbor Park

a) Health, Safety, and Welfare. The pathways along the

perimeter of Tuna Harbor Park are narrow and designed for

pedestrian access. These pathways are not designed to

accommodate tables, chairs, or other equipment used in the

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course of Vending and Expressive Activity. Unregulated

Vending and Expressive Activity in the park would create

unsafe conditions for this park’s regular volume of foot-traffic

and visitors. Furthermore, Vendors engaged in the sale of

food must be regulated to protect the health and safety of the

general public in accordance with the requirements of the San

Diego County Health Department to ensure compliance with

sanitation, food preparation, and food handling laws to protect

against food contamination, poor hygienic practices, and food

poisoning. Finally, the total number of Vendors and Persons

Engaged in Expressive Activity must be limited to

accommodate pedestrian access and to prevent hazardous or

unsanitary conditions and to ensure that trash and debris do

not become a pollutant by being left thrown, discarded or

deposited on the streets, sidewalks, pathways, gutters, storm

drains, or upon public land or tenant leaseholds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. This park is a popular gathering place for

visitors and residents to view the USS Midway Museum and

San Diego Bay from the landside. Unregulated Vending and

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Expressive Activity in the park would occupy and block spaces

and pathways in the park intended for residents and visitors

to picnic, walk, run, and otherwise use and enjoy the park. In

addition, noise associated with Vending and Expressive

Activity must be regulated to ensure residents’ and visitor’ use

and enjoyment of natural resources and recreational

opportunities including but not limited to the USS Midway

Museum viewing platform, the Unconditional Surrender

Statue, National Salute to Bob Hope and the Military

attraction, and other commemorative plaques and public

artworks within this area.

c) Interference with Scenic and Natural Character. As explained

above, this park is a popular gathering place to view the USS

Midway Museum and San Diego Bay from the landside.

Unregulated vending in this park causes visual clutter/blight

along the park and San Diego Bay, and impedes views of the

bay and the USS Midway Museum

4. Coronado Tidelands Park

a) Coronado Tidelands Park is adjacent or near to the Coronado

Ferry Landing, and numerous residences. The Park also

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provides marked baseball, softball and soccer fields for

organized athletics and other games, which often draw

spectators. It also contains paths for recreational activities

including bicycle riding, running or walking, and the use of

pedicabs and other four-wheeled bicycles rented from nearby

businesses. All sidewalk paths through the park are narrow

and designed for pedestrian ingress and egress. Unregulated

Vending and Expressive Activity in this park creates safety

concerns because it would block access for pedestrians’ and

others’ use of the pathways, impedes views of the bay and the

ingress and egress of visitors to the park. Furthermore,

Vendors engaged in the sale of food must be regulated to

protect the health and safety of the general public in

accordance with the requirements of the San Diego County

Health Department to ensure compliance with sanitation, food

preparation, and food handling laws to protect against food

contamination, poor hygienic practices, and food poisoning.

Finally, the total number of Vendors and Persons Engaged in

Expressive Activity must be limited to accommodate

pedestrian access and to prevent hazardous or unsanitary

conditions and to ensure that trash and debris do not become

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a pollutant by being left, thrown, discarded or deposited on the

streets, sidewalks, pathways, gutters, storm drains, or upon

public land or tenant leaseholds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. As explained above, this park includes marked

baseball, softball and soccer fields for organized athletics and

other games, which often draw spectators. Unregulated

Vending and Expressive Activity on these fields or the

pathways to these fields would block access and conflict with

scheduled and unscheduled athletic activities. In addition,

noise associated with Vending and Expressive Activity must

be regulated to ensure residents’ and visitors’ use and

enjoyment of natural resources and recreational opportunities

with this area.

c) Interference with Scenic and Natural Character. Along with

organized recreational activities, this park provides

unimpeded access and views of San Diego Bay, particularly

north to downtown San Diego. Unregulated Vending and

Expressive Activity would change the character of this park in

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that it would block such views and the places to take in the

views.

5. Orange Avenue Area

a) Health, Safety, and Welfare. The Orange Avenue Area,

located in the City of Coronado, is a subarea identified in the

Port Master Plan and is located between Orange Avenue —

the former site of the Coronado Ferry Landing — and the

multiple-story Oakwood Garden Apartments. The Orange

Avenue Area includes shoreline park space, a promenade,

and many tables and chairs for outdoor gatherings and

events. Given the heavy foot-traffic, narrow pathways, and,

where not so narrow, outdoor tables and chairs, unregulated

Vending and Expressive Activity would obstruct pathways for

residents and visitors and create obstacles to travel within the

area. The obstruction and obstacles created by Vending and

Expressive Activity is incompatible with the nature of the area

and poses a risk of accidents and injury to pedestrians and

other users of the area.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. As explained above, this area includes

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shoreline park space and a promenade that are popular

destinations for residents and are frequently used for

recreational activities such as walking, running, and bicycling.

Unregulated Vending and Expressive Activity in this Area

would inhibit use and enjoyment of these opportunities.

c) Interference with Scenic and Natural Character. As explained

above, this area offers unobstructed views of downtown San

Diego and San Diego Bay. Unregulated Vending and

Expressive Activity in this area would obstruct these views

and harm the scenic and natural character of the area.

6. Chula Vista Bayside Park

a) Health, Safety, and Welfare. The Chula Vista Bayside Park is

adjacent to the Chula Vista Harbor, a fishing pier and a

recreational vehicle (RV) park. The park is frequently used for

picnics and other enjoyment of natural resources and

recreation purposes including running, walking, bicycle riding,

and fishing. For access, the park provides a narrow trail from

the parking lot and through the park. The trail is designed to

accommodate pedestrians and bicycles, but lacks the space

necessary to include Vending and Expressive Activity without

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hindering safe movement throughout the park. Furthermore,

Vendors engaged in the sale of food must be regulated to

protect the health and safety of the general public in

accordance with the requirements of the San Diego County

Health Department to ensure compliance with sanitation, food

preparation, and food handling laws to protect against food

contamination, poor hygienic practices, and food poisoning.

Finally, the total number of Vendors and Persons Engaged in

Expressive Activity must be limited to accommodate

pedestrian access and to prevent hazardous or unsanitary

conditions and to ensure that trash and debris do not become

a pollutant by being left, thrown, discarded or deposited on the

street, sidewalks, pathways, gutters, storm drains, or upon

public land or tenant leaseholds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. As explained above, the park is frequently used

for picnics and other enjoyment of natural resources and

recreation purposes including running, walking, bicycle riding,

and fishing. Unregulated Vending and Expressive Activity in

the park would take up the space of and create obstacles to

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these uses. In addition, noise associated with Vending and

Expressive Activity must be regulated to ensure residents’

and visitors’ use and enjoyment of natural resources and

recreational opportunities within this area.

c) Interference with Scenic and Natural Character. The park

provides unobstructed views of San Diego Bay, looking west

to the Coronado Strand and the ocean. Unregulated Vending

and Expressive Activity would block these views and harm the

open and green natural character of the park.

7. Shelter Island Shoreline Park

a) Health, Safety and Welfare. Shelter Island Shoreline Park

consists primarily of long, narrow portions of grass that can

accommodate small events that do not meet the size

threshold for requiring a District special event permit. There

are two sections of the park that are somewhat wider. Both

are grassy areas located inside of traffic circles located at

opposite end of Shelter Island and both are bordered by

Shelter Island Drive. Neither has a crosswalk for pedestrian

access between the sidewalk along the edge of Shelter

Island. In the absence of crosswalks, unregulated Vending in

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either of these locations would cause a safety risk to

pedestrians attempting to cross the street to visit a Vendor.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park sidewalk is highly used by residents

and hotel guests to enjoy the views of San Diego Bay, Point

Loma, Coronado and the downtown San Diego skyline. The

narrow nature of the sidewalks and the grass areas along the

bayfront of the park make the entire length of the park

unsuitable for unregulated Vending and Expressive Activity,

which would impede the walkways and the views from the

park.

c) Interference with Scenic and Natural Character. This park is

characterized by panoramic views of San Diego Bay and the

areas of grass that lend themselves to the enjoyment of small

group and singular activities of a typically quiet and passive to

moderately active nature. Unregulated Vending and

Expressive Activity would interfere with what is primarily a

park of low-intensity, contemplative uses.

8. Point Loma Marina Park

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a) Health, Safety and Welfare. Point Loma Marina Park is a small

park on the District Tidelands that is used periodically for

private events. The park has public sidewalks on either side

and through its southern one-third that are used primarily to

access the surrounding businesses and the walkway along

north San Diego Bay. These sidewalks are under ten (10) feet

in width and unable to safely accommodate Unregulated

Vending and Expressive Activity without impeding

pedestrians.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park can accommodate recreational

activities that fit into a grass area of about 3,000 square feet

in size, making it suitable for limited activity.

c) Interference with Scenic and Natural Character. Given the

small size of the park, the setup of any unregulated Vending

and Expressive Activity would dominate the footprint and

visual ambiance of the space.

9. Harbor Island Park

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a) Health, Safety and Welfare. Harbor Island Park consists

primarily of a narrow strip of grass and a six-foot-wide

walkway that extend the length of the island, with one portion

of grass on the western end of the island that widens to about

125 feet over a span of 300 feet. The narrow walkway

accommodates a great many recreational walkers and

runners including persons with strollers, and the two-way

pedestrian traffic on the walkway often occupies a wider-than

six (6) feet footprint. Visitors also bring chairs or sit on the

benches along the length of the walkway to enjoy the view of

San Diego Bay and the downtown skyline. This makes

unregulated Vending and Expressive Activity in the narrow

portion of the park unsafe to the public.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The wider area of the park is used for picnics

and play for groups of various sizes and is the most popular

site for weddings on the San Diego Bayfront. Given that the

medium-to-large events as well as all weddings require the

use of the entire wide grass area, unregulated Vending and

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Expressive Activity interferes with the use of the park by

visitors and participants in events.

c) Interference with Scenic and Natural Character. Given the

small size of the park, the setup of any unregulated Vending

and Expressive Activity would interfere with the visual

ambiance of the space.

10. Spanish Landing Park

a) Health, Safety and Welfare. Spanish Landing Park is a linear

space about three-quarters of a mile in length with several

lawn areas of widths varying between 50 and 120 feet that are

used for picnics and small group enjoyment of the park. The

park is also amenable to the producers of certain major events

who utilize the individual lawn areas to place stages and

attractions. A serpentine walkway of about eight (8) feet in

width and extends through the length of the park, connecting

the Cancer Survivor Park artwork and lawn on the east end of

the park to the playground and small beach on the west end

and proceeding beneath Harbor Drive to the north side of the

street. Unregulated Vending and Expressive Activity in the

park would impede the walkway.

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b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. Events and play on the playground, beach and

lawns of the park would be inhibited by unregulated Vending

and Expressive Activity that inhabits space on the lawn areas.

c) Interference with Scenic and Natural Character. The Cancer

Survivors Park area on the east end of Spanish Landing Park

is intended for contemplative uses and unregulated Vending

and Expressive Activity would be out of keeping with the

character of this portion of the park. Additionally unregulated

Vending and Expressive Activity would upset the generally

quiet bayside ambiance of the overall park area.

11. Lane Field Park

a) Health, Safety and Welfare. Lane Field Park is immediately

adjacent to three hotel leaseholds on the downtown San

Diego waterfront and is less than one half-acre in size. The

surrounding hotels use the space – which consists of about

60% grass and 40% hardscape – for catered events and a

weekly street food market with a picnic atmosphere. The small

size of the park would make unregulated Vending and

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Expressive Activity potentially a safety hazards to the use of

the space.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. Events and play in this somewhat small park

can be inhibited by unregulated Vending and Expressive

Activity.

c) Interference with Scenic and Natural Character. Lane Field

Park contains items that pay tribute to the baseball history of

the park’s location, including a diamond-shaped hardscape

area and a home plate. Unregulated Vending and Expressive

Activity can disturb the baseball theme and character of the

park with visual and sound distractions.

12. Broadway Pier

a) Health, Safety and Welfare. Broadway Pier is used for cruise

ship calls, a variety of special events, and public seating to

view San Diego Bay. It is of relatively small width and includes

lanes for emergency vehicles that may not be impeded.

Unregulated Vending and Expressive Activity will present a

risk to critical access to the pier and the Port Pavilion (terminal

and event facility) located on the pier by emergency

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responders, Maritime Operations staff and custodial

personnel.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The events that use the pier exterior, as well as

public enjoyment of the seating on the forecourt (Harbor Drive

end of the pier) and view court (San Diego Bay end of the

pier), can be impeded or disturbed by unregulated Vending

and Expressive Activity.

c) Interference with Scenic and Natural Character. Unregulated

Vending and Expressive Activity can obstruct and distract the

enjoyment of the panoramic views of San Diego Bay and the

downtown San Diego North Embarcadero region offered on

Broadway Pier.

13. Broadway Landing

a) Health, Safety and Welfare Broadway Landing

accommodates substantial traffic from pedestrians traversing

the downtown North Embarcadero Promenade that makes up

the west border of the park. The park contains garden areas

with benches for resting and viewing the Promenade activity.

The park surrounds leaseholds containing al fresco dining,

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information windows and harbor tour ticket concessions, and

a restroom building adjacent to the Promenade, making the

park a gathering place for pedestrians stopping and/or

queuing to visit these facilities. Unregulated Vending and

Expressive Activity can result in congestion that spills over

onto the Promenade and presents a public safety hazard.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The garden areas within Broadway Landing

contain shade trees and landscaping and are intended as a

respite for persons walking the Promenade or waiting for their

boarding time on harbor tours or the water taxi at the adjacent

docks. Unregulated Vending and Expressive Activity can

disturb the respite of the persons enjoying the gardens.

c) Interference with Scenic and Natural Character. Unregulated

Vending and Expressive Activity can interfere with the view

and character of the natural scenery in the form of the trees

and gardens that are a vital and prominent part of the park.

14. Ruocco Park

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a) Health, Safety and Welfare. As one of a small number of grass

expanses in downtown San Diego, the turf area in the center

of Ruocco Park is used daily for pick-up soccer, frisbee

throwing and other informal sporting activity. Unregulated

Vending and Expressive Activity, including the use of tables,

displays, chairs, umbrellas, pushcarts, and other equipment,

can present obstructions to this activity, compromising the

safety of those participating and must be regulated.

Furthermore, Vendors engaged in the sale of food must be

regulated to protect the health and safety of the general public

in accordance with the requirements of the San Diego County

Health Department to ensure compliance with sanitation, food

preparation, and food handling laws to protect against food

contamination, poor hygienic practices, and food poisoning.

Finally, the total number of Vendors and Persons Engaged in

Expressive Activity must be limited to accommodate

pedestrian access and to prevent hazardous or unsanitary

conditions and to ensure that trash and debris do not become

a pollutant by being left, thrown, discarded or deposited on the

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streets, sidewalks, pathways, gutters, storm drains, or upon

public lands or tenant leaseholds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The hardscape areas surrounding the center

turf contain benches and small landscaped gardens with

young trees. Unregulated Vending and Expressive Activity

can interfere with the enjoyment of these landscaped areas

and, where benches face San Diego Bay, the views of Tuna

Harbor and beyond. In addition, noise associated with

Vending and Expressive Activity must be regulated to ensure

resident’ and visitors’ use and enjoyment of natural resources

and recreational opportunities within this area.

c) Interference with Scenic and Natural Character. While the

park is the venue for a number of commercial events on

specific days, its day-to-day intended purpose as specified by

the funding entity is for informal play and contemplative uses.

Unregulated Vending and Expressive Activity can interfere

with the enjoyment of the park’s serenity-inducing features

that include its gardens, benches and artistic plazas.

15. South Embarcadero Promenade

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a) Health, Safety and Welfare. The South Embarcadero

Promenade is a very busy waterside thoroughfare for

pedestrians and bicycles, and other non-motorized mobility

devices which frequently use the portion of the promenade

from southeast corner of Seaport Village to the northwest side

of Tenth Avenue Marine Terminal to ride along the waterfront.

Unregulated Vending and Expressive Activity presents a

potential obstruction and accompanying safety hazard on this

bustling walkway.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The South Embarcadero Promenade is heavily

used in the morning and early evening for (informal and

organized) runs, walks and cycling activity. Unregulated

Vending and Expressive Activity can interfere with this

recreational use of the Promenade.

c) Interference with Scenic and Natural Character. Large

portions of the South Embarcadero Promenade provide

sweeping views of San Diego Bay, parks, yacht and boat

marinas, a maritime cargo terminal and Coronado.

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Unregulated Vending, along with obstructing pedestrian and

bicycle and non-motorized mobility device traffic, can interfere

with the visual lines to the numerous sights throughout the

length of this public pedestrian thoroughfare.

16. Fifth Avenue Landing Park

a) Health, Safety and Welfare. Fifth Avenue Landing Park is

small (under one-half acre) in size, making Unregulated

Vending and Expressive Activity a potential source of trip

hazards and obstructions for persons engaging in active

recreation or otherwise traversing its grounds.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park’s small size (under one-half acre)

could not support unregulated Vending and Expressive

Activity concurrent with public recreational use.

c) Interference with Scenic and Natural Character. The park

provides compelling views of superyachts in the water area at

the adjacent leasehold and the bay beyond. Unregulated

Vending and Expressive Activity would visually interfere with

these views.

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17. San Diego Bayfront Park

a) Health, Safety and Welfare. San Diego Bayfront Park, over

four acres in size, serves as one of the few large expanses of

recreational space in the downtown core and is used heavily

by persons engaging in active recreational pursuits that

require considerable space, such as ball and frisbee-throwing.

Unregulated Vending and Expressive Activity could result in

safety hazards to persons running in the park with their

attention on the game they are playing and not on potential

obstructions.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park’s perimeter space is a generally quiet

place where conventioneers, local workers and the general

public can give their senses respite from the noise and bustle

of downtown. Unregulated Vending and Expressive Activity

could cause the park’s peaceful ambiance to be negatively

impacted by noise.

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c) Interference with Scenic and Natural Character. The park

contains undulations atop which the public enjoys sedentary

pursuits such as sunbathing, reading and enjoying the views

of Fifth Avenue Landing, the Tenth Avenue Marine Terminal

and San Diego Bay. Unregulated Vending and Expressive

Activity would visually interfere with these views.

18. Cesar Chavez Park

a) Health, Safety and Welfare. The majority of Cesar Chavez

Park consists of a heavily used soccer field and sideline area

for warming up/in-game practice. Unregulated Vending and

Expressive Activity could compromise the safe use of the field

and sideline by the youth whose practices and games are held

there.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park is a popular place and one of the few

points of access to San Diego Bay for the nearby Barrio Logan

community who use the park’s playground, picnic areas and

pier for gatherings and celebrations of all sizes. Unregulated

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Vending and Expressive Activity could interfere with the

public’s enjoyment of the park for these purposes.

c) Interference with Scenic and Natural Character. The park and

pier offer panoramic views of San Diego Bay as well as a rare

green space among large expanses of maritime and industrial

facilities. Unregulated Vending and Expressive Activity could

block view corridors to the bay as well as negatively impact

the public and natural character of the park.

19. Pepper Park

a) Health, Safety and Welfare. Pepper Park is the location of one

of two public boat launch ramps and one of two public fishing

piers in south San Diego Bay and consequently attracts

substantial vehicle and vehicle-with-boat-trailer traffic through

the park’s parking lot, compelling vendors to attempt to

operate there. Unregulated Vending and Expressive Activity

in this high-traffic area traversed by oversize and encumbered

vehicles would compromise the safety of the vendors,

customers/pedestrians, drivers and boat operators.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park is a popular place and one of the few

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points of access to San Diego Bay for the nearby underserved

communities of National City, whose citizens use the park’s

playground and picnic areas for gatherings and celebrations

of all sizes. Unregulated Vending and Expressive Activity

could interfere with the public’s enjoyment of the park for

these purposes.

c) Interference with Scenic and Natural Character. The park

offers views of San Diego Bay as well as a rare recreational

space located between a large maritime industrial facility and

an environmentally protected wetlands area. Unregulated

Vending and Expressive Activity could negatively impact the

open, natural character of the park.

20. Chula Vista Bayfront Park

a) Health, Safety and Welfare. Chula Vista Bayfront Park is the

location of one of two public boat launch ramps in south San

Diego Bay and consequently attracts substantial vehicle and

vehicle-with-boat-trailer traffic through the park’s parking lot,

making it a potential attractive area for vendors. Unregulated

Vending and Expressive Activity in this high-traffic area

traversed by oversize and encumbered vehicles would

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compromise the safety of the vendors,

customers/pedestrians, drivers and boat operators.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The green space of the park is surrounded on

three sides by San Diego Bay and the marinas on the Chula

Vista bayfront, with mature trees for restful pursuits and a

small open space for play. Unregulated Vending and

Expressive Activity could inhibit or disturb this enjoyment of

the natural resources and recreational space in the park.

c) Interference with Scenic and Natural Character. The park

offers views of the South San Diego Bay Wildlife Refuge

including the resident and migratory birds that are visible

there, as well as the viewing of the sailboats and other

recreational watercraft traversing the marinas and launch

ramp to and from the bay. Unregulated Vending and

Expressive Activity could impede the enjoyment of the scenic

character of the park.

21. Chula Vista Marina View Park

a) Health, Safety and Welfare. Chula Vista Marina View Park is

a primarily linear space made up of two sections. The

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easternmost section is narrow and linear in shape with an

approximately six-foot-wide sidewalk immediately adjacent to

Marina Parkway. Unregulated Vending and Expressive

Activity could present safety hazards to persons using the

narrow park section or sidewalk.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The westernmost section of the park is

frequented with small events that use inflatable jumps and

outdoor games that occupy large footprints and include

children playing. Unregulated Vending and Expressive

Activity could interfere with the enjoyment of these

recreational activities.

c) Interference with Scenic and Natural Character. The south

side of the park is directly adjacent to a wetlands preserve

with a substantial bird presence. Unregulated Vending and

Expressive Activity could interfere with this scenic aspect of

the park.

22. Portwood Pier Plaza

a) Health, Safety and Welfare. Over one-half of Portwood Pier

Plaza is hardscape that is heavily used and enjoyed by the

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riders of bicycles, scooters and skateboards. Unregulated

Vending and Expressive Activity could compromise the safety

of these individuals traversing the park.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The Imperial Beach Pier is a part of the park.

As the only ocean pier in the southernmost portion of San

Diego County, the pier frequently has many persons fishing,

walking the pier for exercise and enjoying being on the Pacific

Ocean. Unregulated Vending and Expressive Activity could

interfere with this enjoyment of recreational opportunities.

c) Interference with Scenic and Natural Character. The park and

pier offer panoramic views of the Pacific Ocean and the park

entrance plaza includes Surfhenge, a set of surfboard-themed

art works that showcase the surfing heritage of Imperial

Beach. Unregulated Vending and Expressive Activity can

interfere with the enjoyment of this scenery in the park.

23. Dunes Park

a) Health, Safety and Welfare. Dunes Park provides quiet

locations for picnickers along with open space for play

adjacent to Imperial Beach. The secluded nature of sections

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of the park includes obstructions to the interior park sightlines

to public safety personnel. Unregulated Vending and

Expressive Activity present potential hazards to public safety

in that detection of any violations of law or public

endangerment on the part of vendors and Persons Engages

in Expressive Activity is difficult.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The shaded areas of mature trees and the

open spaces of Dunes Park are each relatively small, and

Unregulated Vending and Expressive Activity could interfere

with the use of these areas for their intended purposes.

c) Interference with Scenic and Natural Character. Dunes Park

offers a variety of landscape features along with views of sand

dunes and the Pacific Ocean throughout the western border

of the park. Unregulated Vending and Expressive Activity can

negatively impact the views of all of these scenic and natural

features.

24. Grand Caribe Shoreline Park

a) Health, Safety and Welfare. Grand Caribe Shoreline Park has

no public restrooms and a small amount of street parking that

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causes some individuals to park illegally on the traffic circle at

the park entrance. Unregulated Vending and Expressive

Activity can result in public sanitation being further

compromised in the absence of restrooms; and in additional

vehicles parked in the traffic circle and impeding the passage

of emergency vehicles.

b) Use and Enjoyment of Natural Resources and Recreational

Opportunities. The park is planted primarily with native

vegetation and has only a small open portion for play, making

the most active use of the park the launching of kayaks and

standup paddle boards from the stretch of beach along the

park’s east side. Given the natural state of the park,

unregulated Vending and Expressive Activity could interfere

with the enjoyment of the park’s natural quietude and

ambiance.

c) Interference with Scenic and Natural Character. The eastern

side of the park faces San Diego Bay with panoramic views,

and a walking path through the park’s native vegetation

traverses the entire length of the park. Unregulated Vending

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and Expressive Activity could negatively impact the

enjoyment of the views and natural character of the park.

25. North Embarcadero Visionary Plan (NEVP)

a) Health, Safety, and Welfare. The North Embarcadero

Visionary Plan (NEVP) is a planned project of the District with

phasing that will require areas of the North Embarcadero on

North Harbor Drive between G Street to the south and Grape

Street to the north, to be closed off for use by the public as

well as Person Engaged in Expressive Activity and Vendors

for potentially extended periods of time. As such, areas under

construction shall prohibit any outside activity for public safety

reasons. As the various phases of the NEVP are completed,

the District intends to allow Vending and Expressive Activity

pursuant to this section in areas that are open for public use.

Spaces

1. To address the findings and purposes set forth in this Section, the

District has created reasonable time, place, and manner restrictions

on Commercial Vending and Expressive Activity to ensure the safety

of Vendors and Persons Engaged in Expressive Activity,

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customers and their audience, and the general public. To ensure safe use

of District parks, the District has divided available space into ten (10)

areas, known as Designated Areas, which are depicted at the end of

this Section. Each of these Designated Areas is divided into Allotted

Spaces, which may be used for Commercial Vending and Expressive

Activity, as further regulated in this Section.

2. Commercial Vending and Expressive Activity in any of the parks or

public spaces listed in this Section may only be done in an Allotted

Space, and, further, only in accordance with the time, place and

manner restrictions in this Code Section. Commercial Vending and

Expressive Activity is not permitted outside of an Allotted Space.

3. Space Availability. Allotted Spaces are available for Commercial

Vending pursuant to Temporary Commercial Use Permit and all

applicable regulations and procedures as further detailed in this

Section, including reasonable time, place, and manner restrictions,

as well as any additional terms and conditions in a Temporary

Commercial Use Permit. Allotted Spaces are available for

Expressive Activity on a first come first serve basis, subject to the

reasonable time, place and manner restrictions, detailed in this

Section.

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4. Time Restrictions. Commercial Vending shall only be allowed

between sunrise and sunset. No person shall set-up, take down,

block, or attempt to reserve any area designated for Commercial

Vending after sunset or before sunrise. Expressive Activity shall be

permitted during park hours.

5. Noise Restrictions. Noise associated with Commercial Vending and

Expressive Activity shall not exceed 75 LAeq 3-minute average, with

a maximum of 85 dBA when measures at minimum of ten (10) feet

in any direction from the outside edge of an Allotted Space. The

noise limitation includes but is not limited to sounds associated with

musical instruments, amplified musical instruments, megaphones,

mechanical equipment, generators, and/or any other pieces of

equipment or device or activity associated with Commercial Vending

or Expressive Activity. Sound levels shall be measured using an

integrating sound level meter Class II and/or an equivalent device as

specified in the District’s Park and Recreation Administrative

Procedures for Vending and Expressive Activity.

6. Special Events. In each of the parks and public spaces listed in this

Section, Commercial Vending and Expressive Activity may be

permitted outside of an Allotted Space only in conjunction with an

authorized special event subject to the appropriate District-Issued

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permit which may include terms and restrictions that differ from this Code

Section

(d) Procedures and Rules Governing the Use of Allotted Spaces. In an effort to

ensure health, safety, and general welfare standards are maintained, and

to promote the public’s use and enjoyment of natural resources and

recreational opportunities, and to prevent an undue concentration of activity

that would interfere with the scenic and natural character of the parks, all

activities listed herein shall be limited to an Allotted Space authorized for

Commercial Vending or Expressive Activity. The following procedures and

rules govern the use of Allotted Spaces. Additional program guidance,

processing requirements, and restrictions pertaining to use of the Allotted

Spaces may be found in the terms and conditions in a Temporary

Commercial Use Permit and/or the Park and Recreation Administrative

Procedures for Vending and Expressive Activity.

1. Temporary Commercial Use Permit. In an effort to ensure health,

safety, and general welfare standards are maintained, and to

promote the public’s use and enjoyment of natural resources and

recreational opportunities, and to prevent an undue concentration of

commercial activity that would interfere with the scenic and natural

character of the parks, any person engaged in Commercial Vending

shall obtain a Temporary Commercial Use Permit from the District

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Parks & Recreation department in accordance with the District’s

Administrative Procedures for Vending and Expressive Activity, and

the minimum requirements listed below. The Director of the District

Parks and Recreation department or his/her designee, shall issue a

Temporary Commercial Use Permit if an applicant satisfies all

requirements listed immediately below and, in the District’s,

Administrative Procedures for Vending and Expressive Activity.

a. Completed application that includes the applicant’s name,

photo identification, address, telephone number, email

address and business name, as well as names and a photo

identification of all persons that will be engaging in

Commercial Vending on-site. The application shall identify all

of the commercial items that the applicant will sell on-site.

b. Business License (Business Tax Certificate) from the city in

which the Vendor will be operating.

c. Where applicable, any and all current and valid permits

required by the San Diego County Department of

Environmental Health and Quality, including a valid Mobile

Food Facility Health Permit. Vendors are limited to the use of

a Compact Mobile Food Operation to sell un-packaged food

and/or pre-packaged food.

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d.) Certificate of Insurance coverage naming “San Diego Unified

Port District” as an additional insured for the duration of the

permit with a minimum $1,000,000 for personal and bodily

injury per one person and one occurrence; and a minimum of

$2,000,000 coverage for property damage.

e) Signed and dated terms and conditions for Temporary

Commercial Use Permit, including without limitation, whereby

the applicant agrees to the minimum use and occupancy

requirements established by the District’s Parks & Recreation

department and that failure to comply with the District’s Terms

and Conditions may results in the suspension or revocation of

the Temporary Commercial Use Permit.

2. Allotted Space Availability and Opportunity Drawing. Allotted Spaces

designated for Expressive Activity are available on a first come first

served basis. Allotted Spaces designated for Commercial Vending

are available through the Temporary Commercial Use Permit

application process and are valid for the period set forth thereon,

which shall be approximately one (1) year, with the exception of the

permits issued for the first permit cycle beginning May 1, 2023 will

be extended two (2) months, so that it will end December 31, 2023.

A single individual or entity may only receive one Temporary

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Commercial Use Permit for the use of one Allotted Space during any

permit cycle. If the number of Commercial Vending applications

exceeds the number of Allotted Spaces that are authorized for

Commercial Vending within a Designated Area, the District shall

conduct an opportunity drawing to select which applicants receive a

permit. The District’s opportunity drawing system is further explained

in the District’s Administrative Procedures for Vending and

Expressive Activity.

3. Permitted Commercial Vending Activities in Designated Areas.

Vending commercial merchandise is permitted in Designated Areas

with a Temporary Commercial Use Permit. Commercial merchandise

includes items that have more than a nominal or functional utility

apart from their communicative and expressive purpose (i.e. items

that have functional utility and that are not primarily communicative

in nature) Such items include but are not limited to the following:

food, including water, and Food products, house wares including

dishes or eating utensils, appliances, cosmetics, beauty supplies,

oils, lotions and perfumes, incense, candles, handcrafts, jewelry,

hats, visors, sunglasses, souvenirs, toys and stuffed animals.

4. Permitted Expressive Conduct Activities in Allotted Spaces. Activities

that are permitted within Allotted Spaces without a Temporary

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Commercial Use Permit involves (1) the distribution of non-

commercial information, (2) solicitation of funds, donations,

subscriptions and/or signatures for a charity, religious organization,

non-profit or government entity, and (3) the sale of or performing

artwork, speeches, and/or performance that are inherently

communicative in nature and have only nominal value or purpose

apart from its communication. Such items include but are not limited

to the following: newspapers, leaflets, pamphlets, bumper stickers,

buttons, books, audio, video, compact disc, video discs, records,

sculptures, paintings and photographs, including prints of paintings

and photographs, political campaigning activity, including the

distribution of literature, stickers, shirts, cups or other promotional

material such as signs and campaign messages, and any other

similar item that is inherently communicative and has only nominal

value or purpose apart from its communication.

5. Specific Rules for Use of Allotted Spaces

a. The Allotted Spaces will be assigned and/or made available

as describes above. Their respective sizes and dimensions

are set forth on a map attached to this Section and also

available for inspection and copying at the Office of the District

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Clerk. The Allotted Spaces shall be made available for the

permitted activities described in this Section.

b. No Person shall Vend any item in an Allotted Space, except

as expressly authorized herein.

c. A Person may only utilize one Allotted Space at any given

time.

d. In no event shall the number of Persons occupying an

Allotted Space exceed the number of persons allowed in the

applicable Temporary Commercial Use Permit. The maximum

number of persons allowed in an Allotted Space shall not

exceed three (3).

e. No Person shall place or allow anything in any Allotted Space

to extend beyond the boundaries of the Allotted Space nor

place anything adjacent to the Allotted Space nor obstruct or

impede the access areas between Allotted Spaces.

f. There shall be a buffer zone of at least two (2) feet between

each Allotted Space to provide adequate room for any Person

to Vend or Engage in Expressive Conduct within the Allotted

Space

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g. No Person shall engage in Commercial Vending or

Expressive Conduct in, or place or allow any item to extend

into a designated emergency ingress or egress area.

h. No person shall place or allow any item, except an umbrella

with a stand, a sunshade, one easel or display board

exceeding four (4) feet above ground in any Allotted Space,

or a table with a total surface area exceeding twenty-five (25)

square feet, nor shall any Person cause or allow an Allotted

Space to be enclosed on more than two sides. An umbrella or

sunshade shall not exceed eight (8) feet above the ground.

Any Person may use one easel or display board which shall

not exceed sixty-eight (68) inches in height.

i. No Person shall purchase, sell, barter, or exchange any

Allotted Space with another Person or reserve or “hold” an

Allotted Space for another Person.

j. Any umbrella used in connection with the activities authorized

in the Allotted Space must be adequately secured on the

ground with a diameter of no greater than eight (8) feet and

shall not be inserted into the ground.

k. Allotted Spaces must be kept clean and litter, debris, and any

marking must be removed from the Allotted Space by the time

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the Person vacates the Allotted Space (sunset or earlier for

Commercial Vending, and park closure or earlier for

Expressive Activity).

l. No open flames, combustible fuel or gasoline-fueled

generators are allowed in any Allotted Space. Electric cords

may not be connected outside the assigned space or to any

District or private power source.

m. Allotted Space in areas which may be subject to a District

special event permit, park permit, or construction shall not be

used by any Person for the duration of the permit or

construction period, including time for the set-up and removal

of event or construction equipment. Alternate areas will be

designated nearby when possible. If no areas are available

nearby the specified area of the special event, one of the other

Designated Areas may be used if available.

n. Each Commercial Vendor in an Allotted Space shall be limited

to one (1) sign no larger than four (4) square feet.

o. No Person shall Vend or engage in the sale or distribution of

stolen or pirated wares.

p. No Person shall Vend or engage in the sale or distribution of

live animals. Persons that use live animals as part of

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Expressive Conduct or Commercial Vending shall provide the

District with a Certificate of Insurance (COI) coverage naming

“San Diego Unified Port District” as an additional insured with

a minimum $1,000,000 for personal and bodily injury, one

person and one occurrence; and a minimum of $2,000,000

coverage for property damage. Insurance coverage must be

in force for the duration of the Expressive Activity. Any Person

using live animals as part of Expressive Conduct or

Commercial Vending must present evidence they have

obtained the proper insurance requirements upon request.

q. Any items or equipment that are left in an Allotted Space when

the park is closed or are left unattended for two (2) or more

hours when the park is open, shall be considered abandoned,

and may be immediately removed to an alternate location

within the park. Any items so removed will be tagged with

identifying information, with notice provided that such items

have been removed and the location where they are being

stored. Items not claimed and retrieved within twenty-four (24)

hours of removal and posting of notice will be disposed of by

the District.

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r. Each Commercial Vendor in an Allotted Space shall

prominently display their valid 8.5” X 11” Temporary

Commercial Use Permit issued by Port’s Park & Recreation

department so that it can be easily seen and provided to a

District Community Service Officer or any other designated

District Employee or authorized personnel acting on behalf of

the District upon request.

(e) Use of District Property for Commercial Vending or Expressive Activity

Prohibited. No Person shall use or obstruct access to any District-owned,

maintained or leased property or equipment, including but not limited to

street furniture, rip-rap stones, benches, planters, trash receptacles, kiosks,

pagodas or other structures or equipment installed on public property, for

Commercial Vending or Expressive Activity, or display or anything

whatsoever.

(f) Enforcement and Penalties

1. Any violation of the provisions of this Section 8.05 shall be

punishable as provided below.

a.) For the first violation, an administrative fine not exceeding two

hundred fifty dollars ($250).

b.) For a second violation within one year of the first violation, an

administrative fine not exceeding five hundred dollars ($500).

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c.) For any subsequent violation within one year of the first

violation, an administrative fine not exceeding one thousand

dollars ($1,000)

2. A District Community Service Officer or any other designated District

Employee or authorized personnel acting on behalf of the District

may issue an administrative citation for violations of this Chapter and

in accordance with Section No. 0.11 (i) 4 Administrative Citation

Procedures of the San Diego Unified Port Code.

3. Ability-to-Pay Determination

a.) Notice. When assessing an administrative fine pursuant to

Subsection (f) 1, the District shall take into consideration the

person’s ability to pay the fine. The District shall provide the

person with notice of his or her right to request an ability-to-

pay determination and shall make available instructions or

other materials for requesting an ability-to-pay determination.

b.) Request. The person may request an ability-to-pay

determination at adjudication or while the judgement remains

unpaid, including when a case is delinquent or has been

referred to a comprehensive collection program.

c.) Determination. If the person meets the criteria described in

Government Code section 68632, subdivision (a) or (b), the

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District shall accept, in full satisfaction, twenty percent (20%)

of the administrative fine imposed.

4. Appeal. Any person may appeal any of the penalties imposed under

this subsection (f) or revocation of a Temporary Commercial Use

Permit pursuant to this subsection (f) pursuant to the procedures

listed in Section 0.11 (i) 9 Appeal of Administrative Citation of the

San Diego Unified Port Code.

5. Failure to Pay. Any person failing to pay any applicable penalties

Imposed pursuant to subsection (f)(1) shall have their Temporary

Commercial Use Permit revoked and shall be ineligible to apply for

or receive a Temporary Commercial Use Permit for the two (2)

permitting cycles following the failure to pay.

6. Any person failing to comply with a lawful verbal order by a Peace

Officer and/or authorized District staff may be subject to the

provisions for Section No. 0.11 General Penalty of the San Diego

Unified Port District Code

(g) Severability. If any subsection, sentence or clause, phase or portion of this

Section is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect

the validity of the remaining portions of this Section.

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(Enacted April 21, 1964 – Ordinance No. 118)

(Amended August 13, 1985 – Ordinance No. 1141)

(Amended November 21, 1989 – Ordinance No. 1341)

(Amended August 14, 2012 – Ordinance No. 2683)

(Amended April 15, 2014 – Ordinance No. 2762)

(Amended December 10, 2019 – Ordinance No. 2963)

(Amended February 14, 2023 – Ordinance No. 3075)

(Amended November 14, 2023 – Ordinance No. 3110)

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San Diego Unified Port District – Port Code

Section No. 8.06

Article 8 – Alcohol Regulated on Tidelands Section No. 8.06 – Page 1 of 2

SECTION NO. 8.06

–

ALCOHOL REGULATED ON TIDELANDS

For purposes of this Section, the following terms shall be defined as indicated:

(a) Definitions

1. “Alcoholic Beverage” includes alcohol, spirits, liquor, wine, beer, and

every liquid or solid containing alcohol, spirits, wine, or beer, and

which contains One-Half (1/2) of One Per Cent (1%) or more of

alcohol by volume and which is fit for beverage purposes either alone

or when diluted, mixed or combined with other substances.

2. “Tidelands” – Those areas in the member cities of Chula Vista,

Coronado, Imperial Beach, National City and San Diego under the

control and jurisdiction of the San Diego Unified Port District and not

under lease to private parties. Tidelands shall include, without

limitation, streets, parking lots, sidewalks, alleys, plazas, parks,

piers, beaches, sea walls and open public lands.

(b) Unless the Executive Director or his authorized representative has issued a

special event permit, or unless otherwise permitted, it shall be unlawful for

any person or persons to consume any alcoholic beverage at any time upon

any Tidelands.

special event permit, or unless otherwise permitted, it shall be unlawful for

any person or persons to possess any can, bottle or other receptacle

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Section No. 8.06

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containing any alcoholic beverage that has been opened, or a seal broken,

or the contents of which have been partially removed, at any time, upon any

Tidelands.

(d) The Executive Director or his authorized representative may designate from

time to time certain public property and public right of way located on District

Tidelands, as described in Subsections (b) and (c) above, to be used for

alcohol consumption on a short-term or long-term basis; the use of said

public property and public right of way for alcohol consumption shall only be

allowed under permit from the District and the boundaries thereof shall be

posted.

(Enacted October 5, 1999 – Ordinance No. 2068)

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 1 of 19

SECTION NO. 8.07

–

REGULATION OF MOTORIZED MOBILITY DEVICES AND

PEDICABS ON DISTRICT TIDELANDS

(a) Purpose

The

proliferation

motorized

bicycles,

motorized

scooters,

motorized skateboards, and other non-traditional motorized

mobility devices has resulted in these devices being readily

available within the District’s jurisdiction.

Motorized Mobility

Devices can create public safety hazards when used in areas with

pedestrian activity. The use of Pedicabs in pedestrian areas can

also create public safety hazards. The purpose of this Section of

the San Diego Unified Port District (SDUPD) Code is to protect

the safety of pedestrians and other individuals on District

tidelands by prohibiting the use of Motorized Mobility

Devices and

Motorized Pedicabs

on pedestrian

areas,

including Sidewalks,

Promenades, Multi-use Pathways, Nature Trails, Plazas, Public

Parking

Garages,

Piers,

and

Parks,

and

enact

other

regulations related to Motorized Mobility Devices and Pedicabs

intended to protect public safety within the District’s jurisdiction.

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Section No. 8.07

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TIDELANDS Section No. 8.07 – Page 2 of 19

(b) Definitions

1. “Electric bicycle” or “e-bike” – As defined by California Vehicle Code

Section 312.5, as may be amended from time to time.

2. “Electrically Motorized Board” - As defined by California Vehicle Code

Section 313.5, as may be amended from time to time.

3. “Electric Personal Assistive Mobility Device” or “EPAMD” – As defined

by California Vehicle Code Section 313, as may be amended from time

to time.

4. “EPAMD Rental Business” – A Person who manages, owns, or

operates a business that offers for rent one or more EPAMDs for guided

tours.

5. “Executive Director” – Executive Director of the San Diego Unified Port

District.

6. “Geofencing” – The creation of a virtual geographic boundary, defined by

Global Positioning System (“GPS”), radio-frequency identification (“RFID”),

or other technology, that enables a Shared Mobility Device Provider to

regulate speed, issue notifications, and take other actions, when a Shared

Mobility Device in its fleet enters or leaves an area.

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TIDELANDS Section No. 8.07 – Page 3 of 19

7. “Member City” – The five (5) member cities of the District, which are: the

cities of San Diego, Chula Vista, National City, Imperial Beach, and

Coronado.

8. “Motorized Bicycle” – As defined by California Vehicle Code Section 406,

as may be amended from time to time.

9. “Motorized Mobility Device” or “MMD” – A mobility device, such as an

EPAMD, Electric Bicycle, Electrically Motorized Board, Motorized Scooter,

Motorized Bicycle, skateboard, hoverboard, or similar device, that is

motorized for the purpose of locomotion.

10. “Motorized Pedicab” – A Pedicab that is motorized for the purpose of

locomotion, which motor provides assistance when the operator is

pedaling or that can exclusively propel the Pedicab.

11. “Motorized Scooter” – As defined by California Vehicle Code Section

407.5, as may be amended from time to time.

12. “Multi-Use Pathway” – A pathway intended or suitable for more than one

mode of travel (e.g., accommodating both pedestrian and bicycle traffic),

such as walking, jogging, cycling, and wheelchair use.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 4 of 19

13. “Nature Trail” – An unpaved pathway.

14. “Other Power-Driven Mobility Device” or “OPDMD” – As defined by the

Americans with Disabilities Act and related regulations, as may be

amended from time to time.

15. “Park” – An open and publicly accessible space intended primarily for

recreation.

16. “Pedal-Only Pedicab” – A Pedicab that has no motor, electric device,

battery, or other form of power and can only be pedaled by human power.

Turning off or disabling the motor does not meet the requirement for a

Pedal-Only Pedicab.

17. “Pedicab” – As defined by California Vehicle Code Section 467.5, as may

be amended from time to time.

18. “Pedicab Placard/Decal” – A nontransferable authorization, affixed to

the Pedicab by the District.

19. “Pedicab Operator” – Any person who operates a Pedicab within the

District, including but not limited to (a) owners; (b) employees; and (c)

individual contractors.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 5 of 19

20. “Pedicab Operating Agreement” – An agreement between the Pedicab

Operator and the District, that authorizes the use of a Pedicab on

District Property.

21. “Pedicab Parking Zone” – A parking area designated for the specific

purpose of Pedicabs waiting for, dropping off, or picking up passengers.

22. “Pedicab Routes” – Defined routes designated by the District where

Pedicabs can operate on District property, subject to conformance with

all the applicable rules and regulations. Routes include where Pedal-

Only Pedicabs can operate off-street if the sidewalk width and/or

pedestrian traffic allows. Routes include where both Motorized

Pedicabs and Pedal-Only Pedicabs can operate on streets and parking

lots within District property.

23. “Pier” – A fixed structure that extends over the water and is used as a

landing place for vessels. A pier can also be used for other non-landing

activities such as, but not limited to, recreational and commercial uses.

24. “Plaza” – An open space designed for public use defined by

surrounding buildings or streets.

25. "Promenade” – A public pathway adjacent to the water.

26. “Seatbelt” – A safety strap or harness designed to hold a person

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 6 of 19

27. securely in a seat.“Public Parking Garage” – A structure or any part

thereof, principally used for the parking of motor vehicles and is

available to the public and may be above or below finished grade.

28. “Shared Mobility Device” or “SMD” – An MMD for shared use or

transportation in exchange for financial compensation via the use of a

digital application or other electronic or digital platform.

29. “Shared Mobility Device Provider” or “SMD Provider” – A person that,

in exchange for financial compensation, offers, makes available, or

otherwise provides an SMD to another person via the use of a digital

application or other electronic or digital platform.

30. “Sidewalk” – A dedicated pathway providing pedestrian connectivity

adjacent and parallel to a roadway.

31. “Stage” – To park or otherwise place an MMD or Pedicab in a location

to offer for public use or rides.

32. “Wheelchair” – As defined by the Americans with Disabilities Act and

related regulations, as may be amended from time to time.

Devices

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 7 of 19

1. No person shall ride or otherwise operate or cause to be operated a

Motorized Pedicab or an MMD in or on any Sidewalk, Promenade,

multi-Use Pathway, Nature Trail, Plaza, Public Parking Garage, Pier, or

Park.

a. Exception: The prohibition in SDUPD Code Section 8.07

(c)(1) do not apply to the use of Wheelchairs, OPDMDs,

or other Mobility Devices as defined by the Americans

with Disabilities Act (ADA) by individuals with mobility

disabilities.

b. Exception: The prohibition in SDUPD Code Section 8.07

(c)(1) do not apply to the use of an EPAMD as part of an

organized guided tour by an EPAMD Rental Business

that has an active permit to operate in the District’s

jurisdiction issued by a Member City.

c. Additional exceptions may be approved by the Executive

Director or the Executive Director’s designee from time to

time, within the Executive Director’s sole discretion.

2. No person shall Stage or abandon or cause to be Staged or abandoned

a Pedicab or an MMD in or on a Sidewalk, Promenade, Multi-Use

Pathway, Nature Trail, Plaza, Public Parking Garage, Pier, or Park, or

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 8 of 19

3. in any area in such a way as to restrict the free movement of vehicles

or pedestrians or otherwise create a safety hazard. No person shall

operate or cause to be operated a Pedicab in an area outside of the

District authorized Pedicab Routes.

4. No person shall operate or cause to be operated a Pedicab or an MMD

in any manner that impedes or blocks the normal or reasonable

movement of pedestrian or vehicular traffic unless such operation is

necessary for safe operation or in compliance with law.

5. All persons operating a Pedicab or an MMD shall yield to pedestrians.

6. All persons operating a Pedicab or an MMD shall drive safely and at a

speed that will not endanger pedestrians.

7. No person shall operate a Pedicab or an MMD at a speed that is unsafe

based on current conditions.

8. No person shall operate or cause to be operated a Pedicab or an MMD

without equipped brakes that will enable a braked wheel to skid on dry,

level, and clean pavement.

9. All Pedicabs shall have the following dedicated and properly working

safety equipment: seatbelts, hydraulic or mechanical disc brakes,

headlights and tail-lights, turn signals (visible from the front and rear),

and spoke reflectors placed on each wheel.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page 9 of 19

10. No person shall operate a Pedicab or an MMD while intoxicated by any

substance or operate a Pedicab or an MMD while ingesting any

alcoholic beverage or intoxicating substance.

11. No person shall operate or cause to be operated a Pedicab or an MMD

recklessly or in willful or wanton disregard for the safety or property of

others.

12. No person under the age of eighteen (18) years old shall operate a

Pedicab.

13. No person under the age of eighteen (18) years old shall operate an

MMD without a helmet.

14. No person under the age of sixteen (16) years old shall operate an

MMD.

15. No person shall operate an MMD with passengers unless the MMD is

and all passengers shall only ride in portions of the MMD designed for

use by passengers.

16. Pedicabs shall only be operated by one individual, and the total number

of passengers shall be limited by the total number of seatbelts provided

in the Pedicab passenger seating area.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page10 of 19

17. No person shall operate a Pedicab or an MMD while carrying any

package, bag, or bundle that prevents the use of at least one hand to

steer.

18. No person shall operate or cause to be operated a Pedicab without

displaying a valid Pedicab Placard/Decal affixed to that Pedicab by the

District.

19. No person shall use any form of sound amplification while operating a

Pedicab.

20. No person shall operate or cause to be operated a Pedicab without

posting a clearly visible and unobstructed fare schedule on the interior

and exterior of the Pedicab that meets the size, font, color, and format

requirements of the City of San Diego Municipal Code and the District’s

Pedicab Operating Agreement requirements. The fare schedule shall

list all applicable fares, including minimum charges, per-person

charges, by-distance fares, tour fares, and any other fare or fee

charged in connection with the use of the Pedicab by customers. Each

fare or fee must be listed on a separate line.

21. No person shall charge a Pedicab passenger(s) a fare greater than

displayed on the posted fare schedule.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page11 of 19

22. No person shall operate a Pedicab with one or more passengers unless

the full fare for the trip has been agreed upon by the passenger(s) prior

to the trip departure.

23. No person shall solicit or pick up one or more Pedicab passengers

outside of a Pedicab Parking Zone.

24. No person shall leave a Pedicab unattended in a Pedicab Parking

Zone.

25. No person shall pick up or drop off one or more Pedicab passengers in

a location where it is unsafe to do so due to traffic or other conditions.

26. No Pedicab shall park or Stage a Pedicab in a metered or pay station

parking space, ADA parking space, or at any red, yellow, or white

marked areas that are not otherwise designated for Pedicabs.

27. No person shall operate a Pedicab, SMD, EPAMD, MMD within an area

that has been designated by the District as temporarily restricted due

to a special event, construction, emergency response, or other activity

and where signs have been posted to that effect.

28. Beginning February 15, 2024, no person shall operate or cause to be

operated a Pedicab without a valid Pedicab Operating Agreement

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page12 of 19

issued by the District.

29. Beginning February 15, 2024, no person shall operate or cause to be

operated a Pedicab in violation of the applicable Pedicab Operating

Agreement.

30. Pedicab Operators who employ or contract with other persons to

operate Pedicabs within the District’s jurisdiction must supervise their

employees and/or contractors to ensure compliance with the District’s

Code, the applicable Pedicab Operating Agreement, and other

applicable laws, rules, regulations, and other requirements.

31. City of San Diego Operating Permit Required for Pedicabs: It shall be

unlawful for any person to operate a Pedicab within those portions of

the District that share jurisdictional boundaries with the City of San

Diego, without first having obtained a Pedicab Operating Permit from

the City of San Diego, pursuant to the San Diego Municipal Code, as

may be amended from time to time. All persons with a Pedicab

Operating Permit shall operate Pedicabs in strict conformance to, and

in compliance with, their respective City of San Diego Pedicab

Operating Permit, as may be updated and revised from time to time.

This conformance and compliance shall include all requirements for

passenger safety, speed, lighting, and noise restrictions.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page13 of 19

32. City of San Diego Operating Contract required for SMD Providers (SMD

Operating Contact): Any SMD Provider operating within those portions

of the District that share jurisdictional boundaries with the City of San

Diego shall obtain and strictly comply with the SMD Operating Contract,

pursuant to the San Diego Municipal Code, as may be amended from

time to time.

33. SMD Providers must establish Geofencing of SMDs to prohibit riding,

operating, parking, staging, or abandoning of SMDs, in any manner that

violates this Section.

34. City of San Diego Operating Permit required for EPAMD Tour

Providers: It shall be unlawful for any person to provide tours within

those portions of the District that share jurisdictional boundaries with

the City of San Diego, without first having obtained an EPAMD Rental

Business Permit from the City of San Diego, pursuant to San Diego

Municipal Code, as may be amended from time to time.

35. City of Chula Vista Permit required for SMD Providers: Any SMD

Provider operating within those portions of the District that share

jurisdictional boundaries with the City of Chula Vista shall obtain and

strictly comply with an SMD permit issued by the City of Chula Vista,

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page14 of 19

pursuant to Chula Vista Municipal Code, as may be amended from time

to time.

36. Insurance Required:

a. It shall be unlawful for any person to operate a Pedicab

within the District unless at the time of such operation that

person has a valid policy of Commercial General Liability

Insurance, as more fully described in subsection 36(d),

below.

b. It shall be unlawful for any SMD Provider to Stage or

cause to be Staged an SMD within the District, operate

an SMD, or allow another person to operate an SMD

within the District unless at the time of such staging and

operation, the SMD Provider has in effect a valid policy of

Commercial General Liability Insurance, as more fully

described in subsection 36(e), below.

c. It shall be unlawful for any EPAMD Rental Business to

operate within the District unless at the time of such

operation the EPAMD Rental Business has in effect a

valid policy of Commercial General Liability Insurance, as

more fully described in subsection 36(f), below.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page15 of 19

d. For any Pedicab Operator, said policy of insurance shall

cover the District and its operations in the amount of not

less than One Million Dollars ($1,000,000.00) combined

single limit per occurrence for bodily injury, personal

injury, and property damage suffered or alleged to be

suffered by any person or persons whatsoever resulting

directly or indirectly form any act or activities of the

Pedicab Operator.

e. For any SMD Provider, said policy of insurance shall

cover the District and operations in the amount of not less

than Five Million Dollars ($5,000,000.00) combined single

limit per occurrence for bodily injury, personal injury, and

property damage suffered or alleged to be suffered by any

person or persons whatsoever resulting directly or

indirectly from any act or activities of the operator of an

SMD Provider.

f. For any EPAMD Rental Business, said policy of insurance

shall cover the District and operations in the amount of

not less than One Million Five Hundred Thousand Dollars

($1,500,00.00) combined single limit per occurrence for

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page17 of 19

g. bodily injury, personal injury, and property damage

suffered or alleged to be suffered by any person or

persons whatsoever resulting directly or indirectly from

any act or activities of the EPAMD Rental Business.

h. Certificates of insurance in a form acceptable to the

District evidencing the existence of the necessary

insurance policies, and original endorsements naming the

District as an additional insured, shall be provided to the

District and kept on file with the District during the entire

time the Pedicab Operator or SMD Provider or EPAMD

Rental Business Permit or contract with the City of San

Diego or with the District’s other Member Cities, is in

effect.

37. Compliance with All Laws: In addition to all requirements set forth in this

SDUPD Code Section 8.07, all persons shall comply with all applicable

local, state, and federal laws, rules, regulations, and other requirements

pertaining to the operation of MMDs, SMDs, and Pedicabs, including but

not limited to those of the SDUPD Code, and Member City, and the

California Vehicle Code. In the event of conflict between the laws, rules,

and regulations and other requirements of the District and any Member

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page17 of 19

City, the District’s laws, rules, regulations, and all other requirements

shall apply.

(d) Pedicab Impound

1. Pedicab Operators are subject to all applicable impound provisions of the

California Vehicle Code. Pedicab Operators are subject to the same rights

and responsibilities as a driver of a motor vehicle as they relate to

impoundment.

2. Any peace officer, police officer, or parking enforcement officer engaged in

traffic or parking enforcement may remove or impound a Pedicab under any

of the following circumstances:

a. When the Pedicab Operator is issued a citation for a violation of

District Code Sections 8.07(c)(15), (25), (26), or (28);

b. When the Pedicab Operator is arrested and taken into custody;

c. When the Pedicab Operator is physically incapacitated to the

extent the Pedicab Operator is unable to safely operate the

Pedicab; or

3. When a Pedicab is parked or left standing upon a street or sidewalk so as

to obstruct the normal movement of vehicles or pedestrians or in a condition

that creates a hazard.

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page18 of 19

4. An owner of a Pedicab removed pursuant to this Section shall be provided

an opportunity for a post-storage hearing to determine the validity of the

storage, in accordance with California Vehicle Code Section 22852. The

impounding agency shall have the burden of establishing the validity of the

removal.

(e ) Penalties

Violations of this Section 8.07 may be punished in accordance with Article 0,

Section 0.11 (General Penalty) of this SDUPD Code. The requirements and

prohibitions in this Section 8.07 relating to Pedicabs shall apply equally to all

Pedicab Operators. Any violation may be enforced against the Pedicab’s

owner and/or the Pedicab Operator. One or more violations of this SDUPD

Code Section may result in a suspension or revocation of the applicable

Pedicab Operating Agreement.

(f) Administrative Regulations

The Executive Director or the Executive Director’s designee may promulgate

and implement administrative regulations pertaining to the use and

administration of MMDs, SMDs, and Pedicabs, including District issued

Pedicab Placards/Decals and fare schedule requirements, Pedicab Routes

and other routes, and the installation of signs and markings pertaining to the

San Diego Unified Port District – Port Code

Section No. 8.07

Article 8 – REGULATION OF MOTORIZED MOBILITY DEVICES AND PEDICABS ON DISTRICT

TIDELANDS Section No. 8.07 – Page19 of 19

regulations in this Section.

(g) Exception for Emergency Vehicles and Public Agency Vehicles

The provisions in this Section 8.07 do not apply to police, fire department, or

any other emergency response or enforcement personnel while acting in

response to an emergency or during routine patrols or enforcement, or those

vehicles registered to any California public agency displaying a valid California

DMV issued exempt plate, or any vehicle owned and operated by a public

utility company while engaged in official repair or responsive activities.

(h) Invalidity

If any section, subsection, sentence, clause, phrase, or portion of this Section

8.07 is held invalid or unconstitutional for any reason by any court of

competent jurisdiction, such section, subsection, sentence, clause, phrase, or

portion shall be deemed a separate, distinct, and independent provision and

such holding shall not affect the validity of the remaining portions.

(Enacted – August 21, 2001 – Ordinance No. 2145)

(Amended – November 14, 2023 – Ordinance No. 3111)

San Diego Unified Port District – Port Code

Section No. 8.08

Article 8 – Smoking Prohibited at Parks and Beaches Section No. 8.08 – Page 1 of 3

SECTION NO. 8.08

–

SMOKING PROHIBITED AT PARKS AND BEACHES

(a) Purpose

The District's parks and beaches are intended for the use and enjoyment of

all visitors, without the risk of health hazards. The California Environmental

Protection Agency has found that environmental tobacco smoke, or

secondhand smoke, is a toxic air contaminant and pollutant in outdoor

environments. The health impacts of secondhand smoke include

developmental, respiratory, carcinogenic, and cardiovascular effects.

Therefore, in order to serve the public health, safety, and welfare, this

Section prohibits the smoking of tobacco in public parks and beaches.

(b) Definitions

For purposes of this Section, the following terms shall be defined as follows:

1. "Smoking" – the lighting or carrying of a lighted pipe, cigar, cigarette,

or other instrument used to burn tobacco.

2. "Public Park" – the same meaning as in District Code Section

8.02(a), excluding parking lots and the Broadway Pier.

3. "Public Beach" – any public beach or shoreline bordering the

waterline that is open to the public for recreational purposes,

including, but not limited to, Imperial Beach, and excluding adjacent

parking lots.

San Diego Unified Port District – Port Code

Section No. 8.08

Article 8 – Smoking Prohibited at Parks and Beaches Section No. 8.08 – Page 2 of 3

Smoking is prohibited on any Public Park or Public Beach.

(d) Disposal of Smoking Waste Prohibited

No person shall dispose of any cigarette, cigar, or tobacco, or any part of a

cigarette or cigar, in any place where Smoking is prohibited under this

Section, except in a designated waste disposal container.

(e) Signs

Signs that designate Non-Smoking areas established by this Section shall

be posted.

(f) Federal or State Preemption

The provisions of this Section do not apply where Federal or State law

regulates Smoking if the Federal or State law preempts local regulation or

if the Federal or State law is more restrictive.

(g) Penalties for Violation of Section 8.08

1. Any person convicted of a violation of this Section is guilty of an

infraction and shall be punished in accordance with Section 0.11 of

the District Code.

2. Punishment under this Section shall not preclude punishment

pursuant to any provision of law proscribing the act of littering.

San Diego Unified Port District – Port Code

Section No. 8.08

Article 8 – Smoking Prohibited at Parks and Beaches Section No. 8.08 – Page 3 of 3

Nothing in this Section shall preclude any person from seeking any

other remedies, penalties, or procedures provided by law.

(Enacted December 5, 2006 – Ordinance No. 2430)

San Diego Unified Port District – Port Code

Section No. 8.09

Article 8 – Oversize Vehicles Parking Regulations On Tidelands

Section 8.09 – Page 1 of 5

SECTION NO. 8.09

–

OVERSIZE VEHICLES PARKING REGULATIONS ON

TIDELANDS

(a) Purpose

California Vehicle Code Section (CVC) 22507 permits the District to prohibit

or restrict the stopping, parking, or standing of vehicles, including but not

limited to vehicles that are Six (6) feet or more in height. Further, the San

Diego Unified Port District Code (Including without limitation, Section 8.11)

authorizes the designation of parking spaces on tidelands within its

jurisdiction in San Diego, National City, Chula Vista, Coronado and Imperial

Beach. The purpose of this Section of the San Diego Unified Port District

Code is to define the descriptions of oversized vehicles and regulate

accordingly, on all tidelands where posted.

(b) Definitions

Certain words and phrases used herein are defined as follows:

1. “Boat Trailer” – Trailer used to convey a boat which attaches to a

vehicle for transport. And includes, but not limited to boars and/or

boat trailers, including jet skis and/or jet ski trailers use to convey a

boat or jet ski.

2. “Bus” – As Defined in the CVC Section 233, as may be amended

from time to time.

San Diego Unified Port District – Port Code

Section No. 8.09

Article 8 – Oversize Vehicles Parking Regulations On Tidelands Section 8.09 – Page 2 of 5

3. “Camping Trailer” – As defined in the CVC Section 242, as may be

amended from time to time.

4. “Fifth-Wheel Travel Trailer” – As defined in the CVC Section 324, as

may be amended from time to time.

5. “House Car” – As defined in the CVC Section 362, as may be

amended from time to time.

6. “Motor Home” – A motor vehicle designed to provide temporary living

quarters, built as an integral part of, or permanently attached to, a

self-propelled motor vehicle chassis or van and includes a

motorhome manufactured by a licensed motorhome manufacturer.

7. “Oversize Vehicle” – a Bus, Camping Trailer, Fifth Wheel Travel

Trailer, House Car, Motorhome, Recreational Vehicle, Slide-in trailer.

Trailer, Trailer Bus, Van Camper, and/or Vehicle greater than Twenty

(20) feet in length, OR Seven (7) feet in width, OR Seven and one-

half (7 ½) feet in height. Measurements shall include extensions

and/or attachments, with the exemption of side mirrors.

8. “Passenger Vehicle” – As defined in the CVC Section 465, as may

be amended from time to time, or a bus, as defined in CVC section

233, as may be amended from time to time.

9. “Recreational Vehicle” – As Defined in the California Health & Safety

Code Section 18010, as may be amended from time to time.

San Diego Unified Port District – Port Code

Section No. 8.09

Article 8 – Oversize Vehicles Parking Regulations On Tidelands Section 8.09 – Page 3 of 5

10. “Slide-in Camper” – As defined in the California Health & Safety

Code Section 18012.4, as may be amended from time to time.

11. “Trailer” – As defined in the CVC Section 630, as may be amended

from time to time.

12. “Trailer Bus” – As defined in the CVC Section 636, as may be

amended from time to time.

13. “Van Camper” – A complete vehicle purchased from a recognized

vehicle manufacturer and converted (usually by the installation of

carpet, curtains, additional seating, etc.) for human habitation or

camping purposes.

1. Subject to the exceptions in subsections (c)(2) and (3), no person

shall park or stand or permit to stand any Oversized Vehicle on

tidelands where posted, including, but not limited to all streets,

parking lots, parking garages and parks, except when spaces are

designated specifically for such use.

2. Parking of an Oversize Vehicle is permissible when being actively

utilized for a public construction or maintenance project, or private

project of a District tenant or permitee on tidelands, including

approved special events, provided such vehicle and/or equipment is

properly marked with signs and/or barricades and is parked

San Diego Unified Port District – Port Code

Section No. 8.09

Article 8 – Oversize Vehicles Parking Regulations On Tidelands Section 8.09 – Page 4 of 5

immediately adjoining, adjacent or abutting the leased premise or

permitted properly, project or special event.

3. This Section 8.09 shall not apply to a commercial truck (as

established by a current registration with the State Department of

Motor Vehicles) and including, but not limited to, semi-trucks, if one

or more of the following apply:

a) While such commercial truck is being loaded or unloaded and

such additional time is reasonably required for such loading

and unloading operations; or

b) When such commercial truck is parked in connection with, and

in the aid of, the performance of a service to or on a property

on tidelands, where such Oversized Vehicle is parked for a

period reasonably necessary to complete such service.

4. Additionally, other code sections which apply to Vehicles also apply to

oversized Vehicles

(d) Administrative Regulations

1. The Executive Director or his or her designee may implement

administrative regulations pertaining to the administration of

Oversized Vehicle parking spaces.

2. A Violation of any provision of this Section is subject to enforcement

pursuant to Section 8.16 and/or Section 8.17 of this Code.

San Diego Unified Port District – Port Code

Section No. 8.09

Article 8 – Oversize Vehicles Parking Regulations On Tidelands Section 8.09 – Page 5 of 5

(Enacted February 3, 2009 – Ordinance No. 2552)

(Amended April 11, 2023 – Ordinance No. 3084)

San Diego Unified Port District – Port Code

Section No. 8.10

Article 8 – Parking Meter Rates and Pay Station Rates Section 8.10 – Page 1 of 2

SECTION NO. 8.10 – PARKING METER RATES AND PAY STATION RATES

The District has parking meters located within its jurisdiction. When any vehicle is

parked in any space that requires payment being inserted into a parking meter or pay

station, the operator of said vehicle shall, upon entering said parking space, immediately

cause payment to be inserted via coins, ATM card or credit card according to the time

interval desired within the maximum limit and posted parking rates.

The parking meter and pay station rates may be set at different rates in the range

of $1.00 to $2.50 per hour for all tidelands meter and pay station locations, including the

following: the North Embarcadero, Tuna Harbor, and Ruocco Park, Embarcadero Marina

Park North and Embarcadero Marina Park South, the Crescent area, Spanish Landing

and Shelter Island area meters and pay stations based on parking demand. The parking

meter and pay station rates shall be posted on the parking meters and pay stations and/or

posted on a nearby sign.

When an adjustment to a rate is planned, public notice will be posted on the Port.

of San Diego website no less than seven (7) days in advance of the adjustments. Rate

adjustments must be approved in advance by the Executive Director of the District or his

or her designee. Adjustments may be made in increments of $0.25 up to $1.00 at a time.

(Enacted May 9, 1963 – Ordinance No. 61)

(Amended July 27, 1965 – Ordinance No. 179)

San Diego Unified Port District – Port Code

Section No. 8.10

Article 8 – Parking Meter Rates and Pay Station Rates Section 8.10 – Page 2 of 2

(Amended October 10, 1967 – Ordinance No. 332)

(Amended January 15, 1974 – Ordinance No. 642)

(Amended June 17, 1980 – Ordinance No. 877)

(Amended August 9, 1983 – Ordinance No. 1039)

(Amended August 22, 1989 – Ordinance No. 1330)

(Amended October 20, 1992 – Ordinance No. 1534)

(Amended September 6, 2005 – Ordinance No. 2355)

(Amended May 2, 2006 – Ordinance No. 2392)

(Amended April 14, 2015 – Ordinance No. 2806, Ordinance No. 2809

(Amended May 12, 2015 – Ordinance No. 2816)

(Amended April 14, 2016 – Ordinance No. 2855)

(Amended September 8, 2016 – Ordinance No. 2872)

San Diego Unified Port District – Port Code

Section No. 8.11

Article 8 – Vehicle Parking Regulated Section 8.11 – Page 1 of 2

SECTION NO. 8.11 – VEHICLE PARKING REGULATED

(a) The Executive Director is hereby instructed to have lines or markings

painted or placed upon the curb or upon the street for the purpose of

designating parking spaces. Vehicles shall park within the lines or markings

so established. It shall be unlawful to park any vehicle across any such line

or marking or to park said vehicle in such position that the same shall not

be entirely within the area so designated by such lines or markings.

(b) The Executive Director shall place and maintain appropriate signs to

designate time-limit parking zones, and when such signs are in proper place

giving notice thereof, no operator of any vehicle shall stop, stand, or park

such vehicle in excess of the time designated.

1. Unless otherwise posted, no Vehicle shall be stopped, left standing

or parked where the rear wheels are back-in to the space.

(d) Regulations for Vehicles with Boat Trailers Attached

1. The Executive Director or his or her designee shall designate parking

spaces for Vehicles with Boat Trailers attached, by signs, pavement

stripes or other means of designation at the following Boat Launch

parking lots: Shelter Island Boat Launch in San Diego, National City

Boat Launch in Pepper Park, and Chula Vista Boat Launch in Chula

Vista Bayfront Park. Only Vehicles with Boat Trailers attached may

San Diego Unified Port District – Port Code

Section No. 8.11

Article 8 – Vehicle Parking Regulated Section 8.11 – Page 2 of 2

park in the designated spaces and must fit within the spaces, and abide by

posted regulations, including, but not limited to park closure times.

(e) Restrictions for Parking Space Uses

1. No person shall occupy, fill or obstruct a space designated for

parking or adjacent driveways and sidewalks, in an tidelands parking

lot with any awning, camping equipment, tent, chair, carpet, mat,

appliance, beach gear, equipment, generators or other personal

property other than a vehicle appropriate for the size of the parking

space, except by special event permit of the Executive Director or

his or her designee.

(Enacted May 9, 1963 – Ordinance No. 61)

(Amended August 24, 1993 – Ordinance No. 1604)

(Amended September 6, 2005 – Ordinance No. 2355)

(Amended September 8, 2016 – Ordinance No. 2869)

(Amended April 11, 2023 – Ordinance No. 3084)

San Diego Unified Port District – Port Code

Section No. 8.12

Article 8 – Overtime Parking Prohibited Section 8.12 – Page 1 of 1

SECTION NO. 8.12 – OVERTIME PARKING PROHIBITED

No person shall permit a vehicle to remain parked in any parking meter zone when

the meter shows the parking time has expired.

(Enacted May 9, 1963 – Ordinance No. 61)

San Diego Unified Port District – Port Code

Section No. 8.13

Article 8 – Parking in Excess of Posted Time Prohibited Section 8.13 – Page 1 of 1

SECTION NO. 8.13 – PARKING IN EXCESS OF POSTED TIME PROHIBITED

No person shall permit a vehicle to remain parked beyond the period of legal

parking time established for any parking meter zone.

No person shall deposit or cause to be deposited in a parking meter any coins for

the purpose of increasing or extending the parking time of any vehicle beyond the legal

parking time which has been established for the parking space adjacent to which said

parking meter is placed.

(Enacted May 9, 1963 – Ordinance No. 61)

San Diego Unified Port District – Port Code

Section No. 8.14

Article 8 – Parking Meters – Time of Operation Section 8.14 – Page 1 of 1

SECTION NO. 8.14 – PARKING METERS – TIME OF OPERATION

Parking meters and pay stations at all tidelands locations including the North

Embarcadero, Tuna Harbor, Ruocco Park, Embarcadero Marina Park North,

Embarcadero Marina Park South areas, the Crescent, Spanish Landing and Shelter

Island shall be operated Monday through Sunday, except New Year’s Day, Martin Luther

King, Jr.’s Birthday, President’s Day, Cesar Chavez Day, Memorial Day, July 4th, Labor

Day, Veteran’s Day, Thanksgiving Day and Christmas Day.

The meters and pay stations shall be operated between the following hours at the

various lots on tidelands, which shall be posted on signs in the area:

8:00 AM to 6:00 PM - Shelter Island

6:00 AM to 10:30 PM - Spanish Landing

10:00 AM to 8:00 PM - North Embarcadero, Tuna Harbor, Ruocco Park,

Embarcadero Marina Park North, Embarcadero Marina Park South and the

Crescent.

(Enacted May 9, 1963 – Ordinance No. 61)

(Amended January 15, 1974 – Ordinance No. 642)

(Amended May 5, 1992 – Ordinance No. 1494)

(Amended September 16, 1997 – Ordinance No. 1911)

(Amended September 6, 2005 – Ordinance No. 2355)

(Amended April 14, 2015 – Ordinance No. 2806, Ordinance No. 2810

(Amended May 12, 2015 – Ordinance No. 2816)

(Amended April 14, 2016 – Ordinance No. 2855)

(Amended September 8, 2016 – Ordinance No. 2872)

(Amended April 9, 2019 – Ordinance No. 2942)

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 1 of 7

SECTION NO. 8.15 – PARKING REGULATIONS – ENFORCEMENT

(a) Every Harbor Police Officer or District employee charged with and assigned

to the enforcement of provisions of this Code relating to illegal parking, the

provisions of the California Vehicle Code, and other laws of the State of

California applicable to parking violations within the jurisdiction of the San

Diego Unified Port District, shall have the duty, when any vehicle is illegally

parked, to issue written notice of violation thereof stating the State vehicle

license number, make of such vehicle, the time and date of such illegal

parking, meter number, street location, and reference to the appropriate

sections of the Code and fixing a time and place for appearance by the

registered owner to answer said notice. Such notice shall be attached to

said vehicle either on the steering post or front door handle thereof or in

such other conspicuous place upon the vehicle as to be easily observed by

the person in charge of such vehicle upon his or her return thereto.

(b) For the purpose of regulating the use of streets and traffic thereon and as a

deterrent to illegal parking, the following fees are established:

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 2 of 7

Port Code Violation

Rate if paid

within 21

days

Rate if

paid after

21 days

Rate if

paid after

56 days

8.11

Out-of-Stall

$40

$80

$90

8.12

Expired Meter

$30

$60

$70

8.13

Overtime at

Meter

$40 $80 $90

8.16(a)(d)(e) & (f)

Signs or Curb

Markings Other

than Red Zones

$40 $80 $90

8.16(b)

Red Zones

$65

$130

$140

The owner or operator of said vehicle may elect to mail said fees within the

time established for payment thereof in accordance with the information

specified in the notice of violation, provided, however, said owner or

operator shall be and remain responsible for the delivery thereof

appropriate

fee as provided herein or failure to

contest

the violation in

accordance

with the

information

specified in the notice

of violation will result in proceeding against the registered owner and

or the vehicle operator for violation of the appropriate Code Section

in accordance with the provisions of Section 40220 of the Vehicle

Code of the State of California.

(d) A State mandated surcharge of Twelve Dollars and Fifty Cents ($12.50)

will be assessed on each parking citation issued in accordance with

California Government Code Section 70372(b), Sections 76000, 76100

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 3 of 7

and 76101.

This

surcharge, or a portion of the surcharge, will be assessed

as long as

the

applicable statute(s) require that the surcharge be

assessed.

(e) Payment Plan Option: If the registered owner and operator of said

vehicle is determined indigent, the owner and operator of said vehicle

will have the option to enroll in a payment plan within the time specified

in the notice of violation. Indigent determination will be made by the

District following the below income criteria set forth in Government Code

Section 68632(a). Proof of indigency and enrollment requests will be

accepted via the following methods:

1. Walk-in requests at the District’s Administration Building (District

staff will provide a self-addressed envelope to the requestor, that

will contain the remittance address of the District’s citation

processing vendor). District staff will mail all walk-in request

documentation to the District’s citation processing vendor for

automatic pending payment plan hold, pending final approval by

District.

2. Mail-in requests and supporting documentation to the District’s

citation processing vendor ‘s address for scanning and automatic

pending payment plan hold, pending final approval by District.

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 4 of 7

3. Online requests via the District’s citation processing vendor that

will automatically place the citation on a pending payment plan

hold, pending final approval by District.

An applicant who is receiving public benefits under one or more of the

following listed programs qualifies to enroll in said payment plan:

1. Supplemental Security Income (SSI) and State Supplementary

Payment (SSP) (Article 5 (commencing with Section 12200) of

Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions

Code).

2. California Work Opportunity and Responsibility to Kids Act

(CalWORKs) (Chapter 2 (commencing with Section 11200) of

Part 3 of Division 9 of the Welfare and Institutions Code) or a

federal Tribal Temporary Assistance for Needy Families (Tribal

TANF) grant program (Section 10553.25 of the Welfare and

Institutions Code).

3. Supplemental Nutrition Assistance Program (Chapter 51

(commencing with Section 2011) of Title 7 of the United States

Code) or the California Food Assistance Program (Chapter 10.1

(commencing with Section 18930) of Part 6 of Division 9 of the

Welfare and Institutions Code).

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 5 of 7

4. County Relief, General Relief (GR), or General Assistance (GA)

(Part 5 (commencing with Section 17000) of Division 9 of the

Welfare and Institutions Code).

5. Cash Assistance Program for Aged, Blind, and Disabled Legal

Immigrants (CAPI) (Chapter 10.3 (commencing with Section

18937) of Part 6 of Division 9 of the Welfare and Institutions

Code).

6. In-Home Supportive Services (IHSS) (Article 7 (commencing with

Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare

and Institutions Code).

7. Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3

of Division 9 of the Welfare and Institutions Code).

The registered owner and operator of said vehicle has 60 days from

issuance of a parking citation or 10 days of the administrative hearing

determination (whichever is later) to apply for a payment plan. The

District shall allow a registered owner or lessee who falls out of

compliance with the payment plan a one-time extension of 45 calendar

days from the date the payment plan becomes delinquent (first date after

the missed payment due date) to resume payments before the District

files a California Department of Motor Vehicles (DMV) registration hold.

The District will include the payment plan requirement

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 6 of 7

information and a phone number on all parking citations and on its public

internet website.

The following fees and payment plan requirements are established:

Description

Indigent Payment Plan

Fees

$5 – Enrollment fee

$5 – Re-enrollment fee (one-time if

individual falls out of compliance)

Timeline for Completion

18 months

Minimum Payment per Month

Total amount of citation owed is $450 or

less - $25

Total amount of citation owed is $451 or

more - variable minimum amount

(minimum amount will be calculated

based on the amount owed and

payment timeline)

Maximum number of plans per year

No Maximum

Max value per year

No Maximum

Concurrent plans allowed

Yes (unlimited)

Late penalty/fee waived (with the

exception of any state mandated

surcharges of $12.50, identified in

section d)

Yes (fees reinstated if plan is not

completed)

Deadline for processing

Within 60 days of citation issuance or

10 days of the administrative hearing

determination. *

*One-time exception granted after DMV registration hold has been placed.

San Diego Unified Port District – Port Code

Section No. 8.15

Article 8 – Parking Regulations - Enforcement Section 8.15 – Page 7 of 7

(Enacted May 9, 1963 – Ordinance No. 61)

(Amended October 20, 1970 – Ordinance No. 491)

(Amended October 9, 1979 – Ordinance No. 850)

(Amended November 24, 1981 – Ordinance No. 945)

(Amended February 9, 1982 – Ordinance No. 959)

(Amended September 7, 1982 – Ordinance No. 986)

(Amended April 19, 1983 – Ordinance No. 1016)

(Amended November 26, 1985 – Ordinance No. 1155)

(Amended February 20, 1990 – Ordinance No. 1354)

(Amended August 24, 1993 – Ordinance No. 1604)

(Amended October 18, 1994 – Ordinance No. 1701)

(Amended September 6, 2005 – Ordinance No. 2355)

(Amended January 11, 2011 – Ordinance No. 2637)

(Amended May 8, 2012 – Ordinance No. 2668)

(Amended August 12, 2014 – Ordinance No. 2775)

(Amended September 8, 2016 – Ordinance No. 2871)

(Amended June 12, 2018 – Ordinance No. 2913)

San Diego Unified Port District – Port Code

Section No. 8.16

Article 8 – Parking Restrictions Section 8.16 – Page 1 of 3

SECTION NO. 8.16 – PARKING RESTRICTIONS

(a) No person shall stop, stand or park any vehicle on property of the San Diego

Unified Port District in violation of posted signs or curb markings other than

red zones.

(b) No person shall stop, stand or park any vehicle on property of the San Diego

Unified Port District in violation of "red zone" curb markings.

and locate such signs or curb markings as are necessary or appropriate to

give notice of any restriction and the applicable hours, times or days any

such restriction is effective.

(d) Parking or Standing in Disabled Persons Parking Zones - No person shall

park or stand any vehicle in a Disabled Persons Parking Zone unless the

operator or the passenger being transported by said vehicle, is physically

disabled and the vehicle displays a license issued under the provisions of

Section 9105 or Section 22511.5 of the California Vehicle Code. Disabled

Persons Parking Zones shall be operative twenty-four (24) hours a day

(Sundays and holidays included); provided, however, that the Executive

Director may determine and declare limited periods during which any

Disabled Persons Parking Zone shall be operative, and such limited

operative period shall be effective when appropriate signs giving notice

thereof are erected.

San Diego Unified Port District – Port Code

Section No. 8.16

Article 8 – Parking Restrictions Section 8.16 – Page 2 of 3

(e) Seventy-Two (72) Hour Limitation - No person shall park or leave standing

or cause to be parked or left standing any vehicle on any street, parking lot

or parking area on the property of the San Diego Unified Port District for

seventy-two (72) or more consecutive hours. This Seventy-Two (72) Hour

limitation applies to any street, parking lot or parking area within the San

Diego Unified Port District's jurisdiction, regardless of any other posted

parking designations and/or restrictions. A vehicle must move at least one-

tenth (1/10) of one mile in order to park and be afforded a seventy-two (72)

hour period.

(f) Prohibition of Use of Streets for Storage, Service or Sale of Vehicles or for

Habitation - It is unlawful for any person to leave standing, or cause or allow

to be left standing, any inoperable vehicle on any street for more than four

consecutive hours. A vehicle is considered to be inoperable when it is

wrecked, burned, dismantled, when it lacks a motor, transmission, or

wheels, when it is on blocks, or when it is otherwise incapable of being

driven upon roads or highways in conformity with the requirements of the

Vehicle Code. It is unlawful for any person to use a vehicle as temporary or

permanent living quarters, abode or place of habitation either overnight or

during the day. This Section applies to any street, parking lot or parking area

within the San Diego Unified Port District's jurisdiction, regardless of any

other posted parking designations and/or restrictions.

San Diego Unified Port District – Port Code

Section No. 8.16

Article 8 – Parking Restrictions Section 8.16 – Page 3 of 3

(g) A violation of any of these provisions shall constitute an infraction and shall

be punished as provided in Section 8.15. In addition, any such vehicle may

also be impounded as provided in Section 8.17.

(Enacted July 28, 1964 – Ordinance No. 133)

(Amended September 12, 1972 – Ordinance No. 601)

(Amended Apri1 19, 1983 – Ordinance No. 1017)

(Amended September 6, 2005 – Ordinance No. 2355)

(Amended September 8, 2016 – Ordinance No. 2870)

San Diego Unified Port District – Port Code

Section No. 8.17

Article 8 – Impounding of Illegally Parked Vehicles Section 8.17 – Page 1 of 1

SECTION NO. 8.17 – IMPOUNDING OF ILLEGALLY PARKED VEHICLES

The Harbor Police and Traffic Enforcement Officers of the San Diego Unified Port

District shall have the right to remove any vehicle found parked in violation of posted

signs. In removing vehicles, the members of the Harbor Police and Traffic Enforcement

Departments shall follow the provisions of Section 22850, et seq. of the Vehicle Code of

the State of California establishing the procedure to remove and store vehicles. No

vehicle may be removed under the provisions of this section unless signs are posted in

the regulated areas which give notice of the restrictions as to parking governing the area

in which said vehicle may be found and indicating that vehicles parked in violation will be

removed.

(Enacted July 28, 1964 – Ordinance No. 133)

(Amended September 16, 1997 – Ordinance No. 1911)

San Diego Unified Port District – Port Code

Section No. 8.18

Article 8 – Camping and Storage of Personal Property on Tidelands

Section 8.18 – Page 1 of 2

SECTION NO. 8.18 CAMPING AND STORAGE OF PERSONAL PROPERTY ON

TIDELANDS

(a) Purpose

The tidelands of the District should be readily accessible and available to

visitors and the public at large. The use of tidelands areas for camping

purposes or storage of personal property interferes with the rights of others

to use the tidelands in ways they were intended. The purpose of this Article

is to maintain the tidelands within the District in a clean and accessible

condition.

(b) Definitions

Unless the particular provisions or the context otherwise requires, the

definitions contained in this Section shall govern the construction, meaning

and application of words and phrases used in this Article.

1. Camp means to pitch or occupy camp facilities; to use camp

paraphernalia.

2. Camp facilities include, but are not limited to, tents, huts or temporary

shelters.

3. Camp paraphernalia includes, but is not limited to, tarpaulins, cots,

beds, sleeping bags, hammocks, or non-District authorized cooking

facilities and similar equipment.

San Diego Unified Port District – Port Code

Section No. 8.18

Article 8 – Camping and Storage of Personal Property on Tidelands

Section 8.18 – Page 2 of 2

4. Store means to put aside or accumulate for use when needed, to put

for safekeeping, to place or leave in a location.

5. Tidelands means those areas in the member cities of Chula Vista,

Coronado, Imperial Beach, National City and San Diego under the

control and jurisdiction of the San Diego Unified Port District and not

under lease to private parties. Tidelands shall include, without

limitation, streets, parking lots, sidewalks, alleys, plazas, parks,

piers, beaches, sea walls and open public lands.

facilities or use camp paraphernalia on tidelands.

(d) Storage of personal property in public places. It shall be unlawful for any

person to store personal property, including camp facilities and camp

paraphernalia, on tidelands.

(Enacted April 12, 1966 – Ordinance No. 217)

(Amended February 12, 2008 – Ordinance No. 2488)

San Diego Unified Port District – Port Code

Section No. 8.19

Article 8 – Speed Regulations – Motor Vehicles Section 8.19 – Page 1 of 1

SECTION NO. 8.19 – SPEED REGULATIONS – MOTOR VEHICLES

It shall be unlawful to operate any vehicle on wharves, piers or other Port property

in excess of posted speed limits.

(Enacted April 12, 1966 – Ordinance No. 218)

San Diego Unified Port District – Port Code

Section No. 8.20

Article 8 – Officers Authorized to Remove Vehicles from a Street or Highway

Section 8.20 – Page 1 of 2

SECTION NO. 8.20 – OFFICERS AUTHORIZED TO REMOVE VEHICLES FROM A

STREET OR HIGHWAY

(a) Any Harbor Police or Traffic Enforcement Officer of the District is hereby

authorized to remove from a street or highway to the nearest garage or

other place of safety or to a garage designated or maintained by the District,

under the circumstances hereinafter enumerated:

1. When any vehicle has been parked or left standing upon a street or

highway for Seventy-Two (72) or more consecutive hours.

2. When any vehicle has been parked or left standing upon a street or

highway when the parking or standing of vehicles thereon has been

prohibited by the District and where signs are posted giving notice of

such removal.

3. When any vehicle is illegally parked on a street or highway in

violation of signs forbidding standing or parking and the use of a

street or highway or a portion thereof is necessary for the cleaning,

repair or construction of the street or highway, or for the installation

of underground utilities, and signs giving notice that such a vehicle

may be removed are erected or placed at least Twenty Four (24)

hours prior to the removal.

4. Wherever the use of the street or highway or any portion thereof is

authorized by the District for a purpose other than the normal flow

San Diego Unified Port District – Port Code

Section No. 8.20

Article 8 – Officers Authorized to Remove Vehicles from a Street or Highway

Section 8.20 – Page 2 of 2

of traffic or for the movement of equipment, articles or structures of

unusual size, and the parking of any vehicle would prohibit or

interfere with such use or movement, and signs giving notice that

such a vehicle may be removed are erected or placed at least

Twenty-Four (24) hours prior to the removal.

(b) The Executive Director is authorized to determine the locations where

vehicle parking or standing is prohibited and to post the necessary signs

giving notice of such removal.

applicable requirements of Section 22850 et seq. of the California Vehicle

Code and the Executive Director is authorized to carry out the provisions of

said Sections.

(Enacted September 7, 1982 – Ordinance No. 987)

(Amended September 16, 1997 – Ordinance No.1911)

San Diego Unified Port District – Port Code

Section No. 8.21

Article 8 – Parking Rates at Tidelands Public Parking Lots

and Garages Section 8.21 – Page 1 of 3

SECTION NO. 8.21 – PARKING RATES AT TIDELANDS PUBLIC PARKING LOTS

AND GARAGES

In order to efficiently utilize all District tidelands public parking lots and garages

and maximize revenue to the District, the Executive Director is authorized to set market-

based parking rates at the tidelands public parking lots and garages listed below, not to

exceed the maximum rates for each user type as approved by ordinance of the Board of

Port Commissioners (Board) as set forth herein.

Any changes to the maximum parking rates as established by the Executive

Director shall be posted at each respective parking lot or garage for the duration of the

time such parking rates are in effect.

B Street Pier Public Parking Lot

Rate Type Rates

Public Rate, 1 Hour

$6.00 to $15.00

Public Rates, 1 to 3 Hours

$8.00 to $25.00

Public Rate, 3 to 5 Hours

$12.00 to $35.00

Public Rate, 5 to 8 Hours

$14.00 to $40.00

Public, Daily Max Rate, 8 to 12 Hours

$16.00 to $50.00

Special Events Rate

$20.00 to $50.00

Valet Parking Rate

$10.00 to $50.00

Bus/RV/Oversized Vehicles Flat Rate

$20.00 to $80.00

(Time Limit Flexible)

Convention Center Public Parking Garage (Underground at the Convention

Center)

Rate Type Rate

Convention Center Event Rate

$15.00 to $25.00

San Diego Unified Port District – Port Code

Section No. 8.21

Article 8 – Parking Rates at Tidelands Public Parking Lots

and Garages Section 8.21 – Page 2 of 3

Rate Type Rate

Special Even Rate

(Non-Convention Center Events)

$15.00 to $50.00

Daily Employee Rate

$4.00 to $6.00

Monthly Parking Rate

(Convention Center Staff)

$50.00 to $100.00

Monthly Parking Rate

(Non-Convention Center Staff)

$100.00 to $200.00

Shuttle Program

$5.00 to $20.00

Public Twilight Rate – after 6 PM

(Subject to demand and advance purchase)

$7.00 (Sun thru Thurs)

$10.00 (Fri thru Sat and Holidays)

Bayfront Public Parking Garage (Adjacent to Hilton Bayfront Hotel)

Rate Type Rate

Public Rate Up to 1 Hour

$11.00

Convention Center Event Rate

$15.00 to $25.00

Public Daily Rate, to include Special Event

Rate (Non-Convention Center Events)

$15.00 to $50.00

Monthly Parking Rate

$60.00 to $200.00

Shuttle Program

$5.00 to $20.00

Public Twilight Rate – after 6 PM

(Subject to demand and advance purchase)

$7.00 (Sun thru Thurs)

$10.00 (Fri thru Sat and Holidays)

San Diego Unified Port District – Port Code

Section No. 8.21

Article 8 – Parking Rates at Tidelands Public Parking Lots

and Garages Section 8.21 – Page 3 of 3

*Navy Pier Public Parking Lot

Rate Type

Rates**

Apr 1 – Sept 30

Oct 1 – Mar 31

Public Rate up to 2 Hours

Up to $5.00 per Hour

Up to $3.75 per Hour

Public Rate up to 6 Hours

Up to $20.00

Up to $15.00 per Hour

Public Rate Maximum

(6 to 24 Hours)

Up to $25.00 Up to $18.75

Special Event Rate

Up to $30.00

Up to $22.50

Midway Educational Overnight

Rate after 4 PM

Up to $10.00 Up to $10.00

***Monthly Rate

$145.00 to $180.00

Motorcycle Rate

50% of Posted Rate

*Navy Pier Public Parking Lot rates recently approved in the Coastal Development

Permit dated February 17, 2023 (CCC Permit Application Number 6-22-1069; filed as

Clerk Doc No. 74984).

**Pursuant to the above referenced Coastal Development Permit, parking rates may be

adjusted annually consistent with the Consumer Price Index.

***Rate range with no change; rate will subset with opening of Freedom Park at Navy

Pier.

(Enacted April 15, 2014 – Ordinance No. 2761)

(Amended August 12, 2014 – Ordinance No. 2774)

(Amended April 14, 2015 – Ordinance No. 2807, Ordinance No. 2812)

(Amended April 27, 2015 – Ordinance No. 2811)

(Amended May 12, 2015 – Ordinance No. 2817)

(Amended April 14, 2016 – Ordinance No. 2856)

(Amended May 9, 2023 – Ordinance No. 3090)

San Diego Unified Port District – Port Code

Section No. 8.22

Article 8 – Advertising or Displaying Boats for Sale Regulated Section 8.22 – Page 1 of 1

SECTION NO. 8.22 – ADVERTISING OR DISPLAYING BOATS FOR SALE

REGULATED

It shall be unlawful to advertise or display any boat or vehicle for sale in the

harbor or on District tidelands except in leased areas when the sale of boats or

vehicles is permitted by the provisions of the lease.

(Enacted April 12, 1966 – Ordinance No. 220)

(Amended May 12, 2015 – Ordinance No. 2817)

San Diego Unified Port District – Port Code

Section No. 8.23

Article 8 – Sounding of Sirens Prohibited Section 8.23 – Page 1 of 1

SECTION NO. 8.23 – SOUNDING OF SIRENS PROHIBITED

It shall be unlawful to sound, operate or cause to be sounded any siren on a vessel

in the harbor except on vessels owned or operated by a governmental agency.

(Enacted April12, 1966 – Ordinance No. 221)

San Diego Unified Port District – Port Code

Section No. 8.24

Article 8 – Abandoning Watercraft Prohibited Section 8.24 – Page 1 of 1

SECTION NO. 8.24 – ABANDONING WATERCRAFT PROHIBITED

It shall be unlawful for any owner or other person in control of any vessel, watercraft

or other object to abandon any such vessel, watercraft or other object in the harbor or on

the tidelands or submerged lands of the District.

Any such vessel, watercraft or other object may be removed and disposed of by

the Executive Director. The cost of such removal and disposition incurred by the District

shall be paid by the owner or person in control of such vessel, watercraft or other object.

(Enacted April 12, 1966 – Ordinance No. 222)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.25

Article 8 – Authority to Remove Watercraft Section 8.25 – Page 1 of 4

SECTION NO. 8.25 – AUTHORITY TO REMOVE WATERCRAFT

(a) Authority to Remove Watercraft Found in Violation of Law

1. In addition to any other authority or remedy provided by any statute,

the Executive Director or any harbor police officer is hereby

authorized to remove and impound any vessel, watercraft or object

found in violation of any Federal or State law or provision of this Code

in accordance with the procedures set forth in this Section. An

attendant on board shall be given the opportunity to forthwith remove

any such vessel, watercraft or object before it is impounded.

2. The Executive Director is authorized to enter into contracts, on behalf

of the District, with private parties for the removal and impounding of

any vessel, watercraft or object found in violation of any Federal or

State law or provision of this Code.

3. The registered and legal owners of record, or the agent of any such

vessel, watercraft or object so removed and impounded shall have

the right to secure the release of such vessel, watercraft or object

after furnishing proof of such ownership to the District and after

payment to the District of the costs and expenses for such removal,

impound and storage.

San Diego Unified Port District – Port Code

Section No. 8.25

Article 8 – Authority to Remove Watercraft Section 8.25 – Page 2 of 4

4. If the owner or agent of any such vessel, watercraft or object cannot

be found within Thirty (30) days, or, refuses upon demand to pay the

lawful costs and expenses as provided above, the District may sell

the property at public auction after publication of the sale is

advertised in a newspaper of general circulation at least Five (5) days

prior thereto, or, the District may keep, destroy or otherwise dispose

of such property.

5. Harbors and Navigation Code Section 500 et seq. shall apply to the

disposition of vessels registered with the Department of Motor

Vehicles. Nothing herein shall relieve the owner of such vessel,

watercraft or object or the person responsible for such vessel,

watercraft or object from independent personal liability for such costs

and expenses and any such owner or person responsible shall

remain so liable.

(b) Authority to Remove Watercraft Pursuant to Judgment

1. In addition to any other remedies provided by law, the Executive

Director or any harbor police officer is hereby authorized to remove

and impound any vessel, watercraft or object which a court of

competent jurisdiction determines to be in violation of any law.

2. The Executive Director is authorized to enter into contracts on behalf

of the District with private parties for the removal and

San Diego Unified Port District – Port Code

Section No. 8.25

Article 8 – Authority to Remove Watercraft Section 8.25 – Page 3 of 4

impounding of any vessel, watercraft or object which a court of

competent jurisdiction determines to be in violation of any law.

3. The registered and legal owners of record, or the agent of any such

vessel, watercraft or object so removed and impounded shall have

the right to secure the release of such vessel, watercraft or object

after furnishing proof of such ownership to the District and after

payment to the District of the costs and expenses for such removal,

impound and storage.

4. If the owner or agent of any such vessel, watercraft or object cannot

be found within Thirty (30) days, or, refuses upon demand to pay the

lawful costs and expenses as provided above, the District may sell

the property at public auction after publication of the sale is

advertised in a newspaper of general circulation at least Five (5) days

prior thereto, or, the District may keep, destroy or otherwise dispose

of such property.

5. Harbors and Navigation Code Section 500 et seq. shall apply to the

disposition of vessels registered with the Department of Motor

Vehicles. Nothing herein shall relieve the owner of such vessel,

watercraft or object or the person responsible for such vessel,

watercraft or object from independent personal liability for such

San Diego Unified Port District – Port Code

Section No. 8.25

Article 8 – Authority to Remove Watercraft Section 8.25 – Page 4 of 4

costs and expenses and any such owner or person responsible shall

remain so liable.

(Enacted January 20, 1987 – Ordinance No. 1198)

(Amended May 26, 1992 – Ordinance No. 1498)

(Amended September 4, 2001 – Ordinance No. 2148-

Urgency Ordinance for Sections 8.25 [a] 1 and 2)

San Diego Unified Port District – Port Code

Section No. 8.26

Article 8 – Assemblies Regulated Section 8.26 – Page 1 of 1

SECTION NO. 8.26 – ASSEMBLIES REGULATED

It shall be unlawful for any company, society, organization or group of persons,

exceeding Twenty-Five (25) in number, to hold, conduct or participate in any celebration,

parade, service, picnic, demonstration or exercise on District property without the prior

written approval of the Executive Director.

(Enacted April 12, 1966 – Ordinance No. 223)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.27

Article 8 – Aquatic Activities Regulated Section 8.27 – Page 1 of 2

SECTION NO. 8.27 – AQUATIC ACTIVITIES REGULATED

(a) It shall be unlawful to fish, swim, surfboard, water-ski or engage in any other

aquatic activity in any area within the harbor or on the tidelands or

submerged lands of the District where any such activity is prohibited by

order of the Board of Port Commissioners, or to engage in any such activity

contrary to regulations adopted by the Board of Port Commissioners.

Prohibited activities and regulations ordered by the Board of Port

Commissioners shall be displayed by signs posted in areas where such

prohibitions or regulations apply.

(b) It shall be unlawful to swim, bathe, water-ski or use a surfboard, sailboard,

windsurfer or paddleboard in the marked channel of Shelter Island Yacht

Harbor, the marked entrance channel to Shelter Island Yacht Harbor, the

marked channel of the Commercial Basin, the marked entrance channel to

the Commercial Basin, the marked channel of Glorietta Bay, the marked

entrance channel to Glorietta Bay, the marked channel of the east and west

lagoons of Harbor Island, the marked Chula Vista channel, the National City

Launching Ramp Basin, the Chula Vista Launching Ramp Basin, or the

marked Coronado Cays channel.

San Diego Unified Port District – Port Code

Section No. 8.27

Article 8 – Aquatic Activities Regulated Section 8.27 – Page 2 of 2

in excess of Five (5) Miles Per Hour upon the waters of San Diego Bay in

the areas defined in Section (b), above.

(Enacted April 12, 1966 – Ordinance No. 224)

(Amended September 5, 1967 – Ordinance No. 321)

(Amended August 21, 1973 – Ordinance No. 635)

(Amended October 24, 1978 – Ordinance No. 817)

(Amended April 1, 1986 – Ordinance No. 1168)

(Amended September 6, 2005 – Ordinance 2355)

San Diego Unified Port District – Port Code

Section No. 8.28

Article 8 – Regulation of Para-Sailing, Hang Gliders and Similar Devices

Section 8.28 – Page 1 of 1

SECTION NO. 8.28 – REGULATION OF PARA-SAILING, HANG GLIDERS AND

SIMILAR DEVICES

(a) It shall be unlawful for any person to use a para-sail; hang glider; ski-kite or

similar device, which may be used to lift a person from the waters of San

Diego Bay or the tide or submerged lands of said Bay, except by special

permit issued by the Executive Director.

(b) For purposes of this section, the following shall apply:

1. "Para-sail" shall mean any multi-vented sail or parachute-like device

used to elevate a person by a towline.

2. "Hang glider" shall mean any delta wing kite used as an air foil to

elevate a person by a towline.

3. "Ski-kite" shall mean any kite used to elevate a person by towline.

(Enacted October 4, 1983 – Ordinance No. 1048)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 1 of 10

SECTION NO. 8.29 – VEHICLE IMPOUND COST RECOVERY PROGRAM FEE

(a) Purpose

This section establishes a vehicle impound cost recovery program to

establish a fee and a charge, payable to the District, in an amount equal to

the District's administrative costs and expenses for: removing, impounding,

storing, or releasing a lawfully impounded vehicles, and conducting a

hearing and processing an appeal after a vehicle is impounded. The Harbor

Police removes and stores numerous vehicles from streets and highways

and public and private property in the jurisdiction of the San Diego Unified

Port District and neighboring areas pursuant to Sections 22651 et seq. of

the Vehicle Code.

(b) Authority

1. California's Vehicle Code and Section 8.20 of this code authorize the

Harbor Police Department and other duly authorized persons to

remove motor vehicles from the District's streets and hold, or

"impound," the vehicles for certain violations of the law such as

unpaid parking tickets, expired registration, illegal parking, driving

under the influence or without a license, speed contests or reckless

driving. The Vehicle Code also permits the Harbor Police

Department to impound vehicles to preserve evidence, investigate

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 2 of 10

a crime and other lawful reasons. The District's Harbor Police

Department regularly impounds vehicles in violation of those laws.

2. Vehicle Code Section 22850.5(a) authorizes the District to adopt an

ordinance for imposing a vehicle impound release fee equal to the

District's administrative expenses related to removing, impounding,

storing or releasing vehicles. Additionally, Vehicle Code Section

22850.5(b)(4) allows the District to impose a charge, as part of its

administrative costs, for providing a hearing or an appeal on the

impounded vehicle's removal, impoundment, storage or release, if

the registered owner, the legal owner or either one's agent requests,

in writing, the hearing or appeal.

3. When the Harbor Police Department impounds a vehicle and later

releases it to its owner, the District incurs substantial labor costs and

administrative expenses, including, but not limited to:

a) Documenting the impound;

b) Contacting the court or prosecutor and confirming the vehicle

is no longer needed as evidence;

c) Verifying that Department of Motor Vehicle registration fees

were paid;

d) Releasing the impound hold on the vehicle; and

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 3 of 10

e) Conducting a post-impound hearing or processing a post-

impound appeal if requested.

4. When the Harbor Police Department lawfully impounds a vehicle for

a violation of the law, the vehicle's owner should bear the financial

burden and reimburse the District for its costs to impound the vehicle.

Therefore, creating a vehicle impound release fee and requiring the

vehicle's owner to pay the fee are appropriate means for recovering

the District's administrative costs and expenses.

5. When the vehicle's owner requests a hearing or an appeal

concerning the impounded vehicle's removal, impoundment,

storage, or release, that person should reimburse the District for its

costs to conduct the hearing and process the appeal. Therefore,

creating a post-impound hearing charge and requiring the vehicle's

owner to pay the charge are appropriate means for recovering the

District's administrative costs and expenses.

For purposes of the section, certain words and phrases not otherwise

defined in code Section 0.03 shall be defined as follows, unless the context

requires a different meaning:

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 4 of 10

1. “Legal Owner” – has the same meaning as that term is defined in

California Vehicle Code Section 370, or any successor legislation.

The term includes the legal owner's agent.

2. “Registered Owner” – has the same meaning as that term is defined

in California Vehicle Code Section 505, or any successor legislation.

The term includes the registered owner's agent.

3. “Vehicle” – has the same meaning as that term is defined in

California Vehicle Code Section 670, or any successor legislation.

(d) Vehicle Impound Release Fee

1. The District establishes a vehicle impound release fee, payable

when a registered owner or a legal owner seeks the release of a

vehicle which the District's Harbor Police Department impounded

under state law or any provision of this Code.

2. A registered owner who redeems an impounded vehicle or requests

its release shall pay to the District through its Harbor Police

Department the vehicle impound release fee.

3. A legal owner who redeems an impounded vehicle or requests its

release and who voluntarily requests a post-storage hearing shall

pay to the Harbor Police Department the vehicle impound release

fee.

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 5 of 10

(e) Post-impound Hearing Charge

1. The District establishes a post-impound hearing charge, payable

when a registered owner or a legal owner submits to the District's

Harbor Police Department a written request for a hearing or an

appeal after a vehicle is impounded.

2. A registered owner or a legal owner who requests, in writing, a

hearing or an appeal related to the impounded vehicle's removal,

impoundment, storage or release shall pay to the District's Harbor

Police Department the post-impound hearing charge.

(f) Unpaid Fee or Charge-Civil Debt

1. The vehicle impound release fee under Section (d) and the post-

impound hearing charge under Section (e) are in addition to any one

or more of:

a) The charges, fees, or fines that a registered owner or a legal

owner may owe the District under a California Vehicle Code

provision or under any provision of this Code or both; or

b) The charges that a registered owner or a legal owner may owe

a vehicle towing services provider.

2. When a person fails, neglects or refuses to pay the vehicle impound

release fee under Section (d) for an impounded vehicle that qualifies

for release or when a person otherwise pays that fee

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 6 of 10

but later cancels or stops payment on it, and in either situation that

fee's payment is lawfully due or owing, the unpaid amount constitutes

a debt owed to the District by that person, from whom the District

may recover in a civil action.

3. When a person who seeks a post-impound hearing or appeal fails,

neglects, or refuses to pay the post-impound hearing charge under

Section (e) or when a person otherwise pays that charge but later

cancels or stops payment on it, and in either situation that charge's

payment is lawfully due or owing, the unpaid amount constitutes a

debt owed to the District by that person, from whom the District may

recover in a civil action.

(g) Fee and Charge-Exceptions

1. The District through its Harbor Police Department shall not collect

from a registered owner or a legal owner the vehicle impound release

fee under Section (d) or post-impound hearing charge under Section

(e), or both, under any of the following circumstances:

a) When the vehicle was:

(1) Reported stolen and recovered;

(2) Driven or taken without the registered owner's or the

legal owner's express or implied permission and the

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 7 of 10

vehicle was evidence of a crime, contained evidence of

a crime or was part of a criminal investigation;

3) Impounded in error;

4) Lien sold under Civil Code Section 3068.1 to 3074 and

Vehicle Code Section 22851 or any successor

legislation, and the lien sale proceeds were insufficient

to pay the tow provider's total charges and

administrative costs.

b) When a court orders a waiver of the vehicle impound release

fee or the post-impound hearing charge, or both.

c) When state law or this code exempts or excludes a registered

owner or a legal owner from paying a vehicle impound release

fee or post-impound hearing charge, or both.

(h) Fee and Charge-Refund

The District through its Harbor Police Department shall refund the impound

release fee and/or post-impound hearing charge incurred by a registered

owner if the hearing officer whom the District through its Harbor Police

Department appoints to conduct the post impound hearing or process the

post-impound appeal determines that:

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 8 of 10

1. A reasonable ground for removing, impounding, or storing the

vehicle did not exist;

2. A circumstance listed in Section (g) applies; or

3. The facts disclosed at the hearing or in the appeal warrant the

impound release fee's refund.

(i) Resolution Establishing Fee and Charge

1. By resolution, the Board of Port Commissioners shall establish or

modify the amount or rate of:

a) The vehicle impound release fee under Section (d), basing it

on the actual and reasonable costs to the District, including

administration and overhead, for impounding vehicles; and

b) The post-impound hearing charge under Section (e), basing it

on the actual and reasonable costs to the District, including

administration and overhead, for providing post-impound

hearings and appeals.

2. To reflect cost-of-living changes and to ensure that changing

economic conditions do not impair the real value of the vehicle

impound release fee and the post-impound hearing charge, on July

1 of each year the Chief of Harbor Police shall:

a) Review the vehicle impound release fee and the post-

impound hearing charge; and

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 9 of 10

b) Adjust the vehicle impound release fee, or the post-impound

hearing charge, or both:

(1) Upward or downward by the same percentage

increase or decrease, occurring during the previous

twelve (12) months, in the consumer price index for all

urban consumers ("CPI-U") for the San Diego Area

(published by the Bureau of Labor Statistics, U.S.

Department of Labor), or applying a similar index if the

CPI-U is not published or available, and

(2) To the nearest one dollar ($1.00).

3. In addition to adjusting the vehicle impound release fee and the post-

impound hearing charge for cost-of-living changes under Section (i)

b., the Chief of Harbor Police shall recommend, with the Executive

Director's approval, that the Board of Port Commissioners revise the

fee and the charge when a change in the cost of impounding and

releasing vehicles or conducting post-impound hearings and

processing post-impound appeals, or both, makes revision

appropriate.

4. The Chief of Harbor Police may prepare, adopt, amend and enforce

rules, regulations or procedures for:

a) Releasing a property impounded vehicle;

San Diego Unified Port District – Port Code

Section No. 8.29

Article 8 – Vehicle Impound Cost Recovery Program Fee Section 8.29 – Page 10 of 10

b) Conducting a post-impound hearing or appeal; and

c) Collecting, administering, and refunding the vehicle impound

release fee and post-impound hearing charge.

5. A copy of the resolution establishing the current vehicle impound

release fee and post-impound hearing charge will remain on file and

will be available for inspection in the Office of the District Clerk.

(Enacted March 6, 2012 – Ordinance No. 2665)

San Diego Unified Port District – Port Code

Section No. 8.30

Article 8 – Regulating All Signage on All Navigable Waters, Tidelands and Submerged Lands

Granted to the District Section 8.30 – Page 1 of 2

SECTION NO. 8.30 – REGULATING ALL SIGNAGE ON ALL NAVIGABLE WATERS,

TIDELANDS AND SUBMERGED LANDS GRANTED TO THE DISTRICT

(a) Definitions

In addition to the definitions and interpretations set forth in Section 0.03 of

this Code, and for purposes of this Section, the following words shall

mean:

1. “Signage” means all signs, including, without limitation, signs which

advertise any business, product, person, activity, event or service

whether located on-site or off-site and the portion of the Structure on

which a sign is attached.

2. “Structure” means an edifice or portion thereof or a building or portion

thereof of any kind or any construction built up or composed of parts

joined together in some definite manner including a wall, fence, pier,

post, or shelter on which Signage is attached.

(b) Regulation of Signage

Pursuant to powers granted to the District pursuant to the Harbors and

Navigation Code Appendix I, this Section is intended to clarify that the

District regulates and shall issue all permits or entitlements, including,

without limitation, building and use permits, related to all Signage, as

defined herein or as may be otherwise defined by a local municipality, on

all navigable waters, tidelands and submerged lands granted to the

San Diego Unified Port District – Port Code

Section No. 8.30

Article 8 – Regulating All Signage on All Navigable Waters, Tidelands and Submerged Lands

Granted to the District Section 8.30 – Page 2 of 2

District, any other lands conveyed to or acquired by the District and any

other waters or lands that are legally within the jurisdiction of the District.

Pursuant to Section 60 of Harbors and Navigation Code Appendix I, this

Section is intended to preempt local and municipal regulations, codes and

permit requirements for Signage, as defined herein or as may be

otherwise defined by a local municipality, on District navigable waters,

tidelands and submerged lands granted to the District, any other lands

conveyed to or acquired by the District, and any other waters or lands that

are legally within the jurisdiction of the District.

(Enacted April 14, 2016 – Ordinance No. 2854)

San Diego Unified Port District – Port Code

Section No. 8.31

Article 8 – Authority Over Local Laws Section 8.31 – Page 1 of 1

SECTION NO. 8.31 – AUTHORITY OVER LOCAL LAWS

(a) That any local ordinance purporting to regulate District activities within or by

the District in fields in which the District has acted are hereby expressly

preempted, void and of no force or effect within the District, and shall not

have any force and effect of law with respect to the District.

(b) That the District further specifically reserves its statutory right to preempt

any local law purporting to govern or regulate District activities or

expenditures.

(Enacted April 21, 2016 – Ordinance No. 2857)

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 1 of 9

SECTION NO. 8.32 – REGULATING BUILDING WRAP SIGNAGE

(a) Definitions

In addition to the definitions and interpretations set forth in Section 0.03 of

this Code, and for purposes of this Section, the following definitions shall

apply:

1. “Building Wrap” means a type of Signage, as that term is defined in

Section 8.30 of this Code, fabricated using materials that are

transparent such as reinforced vinyl, perforated mesh, or other

building wrap material temporarily affixed to the side of a Qualifying

Building. Building Wraps may include any illumination, including but

not limited to, electronic, digital, or similarly illuminated components,

designed to emit or brightly reflect artificial light.

2. “Building Wrap Application" means an application submitted to the

District in accordance with Board of Port Commissioners Policy No.

357, as it may be amended from time to time.

3. “Building Code” means the most recent edition of the California

Building Standards Code. The most recent edition of the Building

Code shall be that edition in effect at the time the District enters into

each license for a Building Wrap on a Qualifying Building.

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 2 of 9

4. “Commercial District” means those areas currently designated as

“Commercial Recreation” in Planning District 3 – Centre City

Embarcadero as depicted on Exhibit 1 attached hereto and

incorporated herein by reference, or as such areas may be depicted

in any subsequent Port Master Plan

5. “Inspector” means someone with sufficient knowledge and

expertise to determine that a Building Wrap conforms to the

requirements of the Building Code, which may be derived from

experience as a District, city or county building official, inspector, or

plan checker. An Inspector may be a District employee or an

independent contractor of the District hired to perform the essential

functions of an Inspector.

6. “Qualifying Building” means a structure within the Commercial

District not owned by the District having a roof supported by

permanent columns or walls intended for use by humans for

commercial use. Notwithstanding the foregoing, “Qualifying

Building” shall also include the San Diego Convention Center.

(b) Permitted Building Wraps

Building Wraps may be permitted on any Qualifying Building, subject to the

following:

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 3 of 9

1. “Submittal of Building Wrap Application” – A Building Wrap

Application must be submitted for District consideration of any

proposed Building Wrap. A license agreement pursuant to Section

1(b)(3) below will not be entered into with the applicant until the

Building Wrap Application has been approved.

2. Discretionary Review of Building Wrap Application

a) The Building Wrap Application shall undergo discretionary

review by the District. Subject to Section 1(b)(5) below, the

District shall not consider content in reviewing an application

for a Building Wrap. The District’s discretionary review of a

Building Wrap Application shall include review under the

California Environmental Quality Act (CEQA) (California Public

Resource Code § 21000, et seq.), the California Coastal Act

(Coastal Act) (Public Resource Code 30000 et seq.), San

Diego Unified Port District Code and all other applicable laws,

regulations and District policies. The Building Wrap Application

approval may include restrictions on the time, place and

manner of the erection, affixing, dimensions, and operation of

Building Wraps. Examples of restrictions include, but are not

limited to: (1) the location of the exterior facing surface area

upon which a Building Wrap may be affixed; (2) the amount of

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 4 of 9

coverage of the exterior facing surface area upon which a Building

Wrap may be affixed; and (3) the number of Building Wraps

that may be erected, affixed and operated at the same time

within the Commercial District. In addition, the District may

require that the applicant agree to place one or more Building

Wraps on the Qualifying Building, at the applicant’s sole cost

and expense and at such times to be designated by the District

in the license agreement, that promote the District or District-

sponsored events. The District reserves its full discretion to

adopt all feasible mitigation measures, alternatives, including

a no project alternative, and a statement of overriding

consideration, if applicable and approve or disapprove one or

more Building Wraps.

b) A Building Wrap Application may only be approved or denied

after review and approval of the project plans for the Building

Wrap by an Inspector, certifying that the Building Wrap

satisfies all relevant provisions of the Building Code.

3. “License Agreement for Building Wrap” – Upon approval of the

Building Wrap Application under Section 1(b)(2) above, the District

may enter into a license agreement with the applicant to affix one or

more Building Wraps to a Qualifying Building. Said erecting,

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 5 of 9

affixing, operating and rotating, if any, of the Building Wrap, may

only occur upon the applicant’s compliance with the terms set forth

in the license agreement and other approvals and as set forth

herein. All license agreements shall, at a minimum, include the

following terms:

a) A provision requiring a licensee to defend, indemnify, and hold

the District harmless, including, but not limited to claims and

challenges brought under CEQA or the Coastal Act.

b) A provision detailing the insurance to be required from

licensee.

c) The requirement that a Building Wrap may only be affixed to a

Qualifying Building upon inspection and approval by an

Inspector, ensuring that the proposed Building Wrap satisfies

all relevant provisions of the Building Code.

d) The requirement that the licensee be a “tenant in good

standing,” as that term is defined in BPC Policy No. 355,

Section II.B.4.

e) A negotiated license fee as set forth in Section 1(b)(6) below.

f) The District’s right to terminate the license at any time during

the term of the license for no cause; provided, however, the

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 6 of 9

District shall not terminate based on content protected by the

First Amendment.

4. “Compliance with Laws” – Applicant, licensee, and Building Wraps

must comply with all applicable federal, state, and local laws and

regulations, including, without limitation, the ordinances and

policies of the District.

5. “Content” – Content on Building Wraps shall be unregulated except

for content unprotected by the First Amendment, including, but not

limited to, the following categories which may change from time to

time: (i) child pornography; (ii) false statements of fact; (iii)

commercial speech that is false, misleading, or promotes illegal

activity; and (iv) certain types of (a) incitement of illegal activity; (b)

fighting words; (c) obscenity; and (d) defamation.

6. “License Fee” – The license fee, which may be expressed as a

formula, and a payment schedule, shall be set by the District and

licensee based on market information, which may include

consideration of things such as licensee’s agreement to produce,

install, and maintain one or more Building Wraps on the Qualifying

Building that promote the District or a District-sponsored event.

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 7 of 9

7. “Time Limits” – A single Building Wrap shall not be affixed to a

Qualifying Building for more than thirty (30) consecutive days.

8. “Cost Recovery” – Applicant shall be responsible for payment to the

District of all costs associated with the Inspector’s work in conjunction

with Sections 1(b)(2) and 1(b)(3) herein, subject to BPC Policy No.

106 - Cost Recovery User Fee Policy, as it may be amended from

time to time.

9. “Penalties” – Any violation of this Ordinance shall be punishable in

accordance with Section 0.11 of this Code (General Penalty).

In the event of any inconsistency between this Section 8.32 and any

ordinances, policies, guidelines, rules, regulations, programs, leases,

temporary use permits, tidelands use and occupancy permits, or similar

documents, whether adopted or enforced by the Board, by District staff, or

otherwise, the provisions of this Section 8.32 shall apply.

(d) Severability

If any provision, clause, sentence or paragraph of this Ordinance or the

application thereof to any person or circumstances shall be held invalid, such

invalidity shall not affect the other provisions of this Ordinance which

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 8 of 9

can be given effect without the invalid provision or application, and to this

end, the provisions of this Ordinance are hereby declared to be severable.

(Enacted May 16, 2017 – Ordinance No. 2891)

San Diego Unified Port District – Port Code

Section No. 8.32

Article 8 – Regulating Building Wrap Signage Section 8.32 – Page 9 of 9

San Diego Unified Port District – Port Code

Section No. 8.50

Article 8 – Rubbish & Waste Disposal, Regulated Section 8.50 – Page 1 of 2

SECTION NO. 8.50 – RUBBISH & WASTE DISPOSAL, REGULATED

(a) It shall be unlawful for any person to dump any material or throw garbage,

offal, rubbish, litter, sewage or refuse of any kind into the Bay of San Diego

or upon any lot, tract of land, street, alley, lane, court, sidewalk or place

under the jurisdiction and control of the San Diego Unified Port District

without the written permission of the Executive Director.

(b) It shall be unlawful for any person, firm, corporation or association to

discharge, deposit, or pass into or onto the waters or shores of San Diego

Bay, any inflammable material, asphalt, coal tar or residuary product of coal,

petroleum by-product, bitumen, other carbonaceous material, chemicals or

industrial waste, without the written permission of the Executive Director.

premises within said area to place, or allow to be placed, or allow to remain

on any premises within said area such garbage, offal, rubbish, litter, refuse

or foreign material of any kind without the written permission of the

Executive Director.

San Diego Unified Port District – Port Code

Section No. 8.50

Article 8 – Rubbish & Waste Disposal, Regulated Section 8.50 – Page 2 of 2

(d) Nothing in this section shall be construed to limit the operation of any duly

ordained regulation of any city whose corporate limits extend into the Bay

of San Diego or over the tidelands adjacent thereto.

(Enacted May 9, 1963 – Ordinance No. 62)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.60

Article 8 – Radioactive Substances – Permit Required - Conditions Section 8.60 – Page 1 of 3

SECTION NO. 8.60 – RADIOACTIVE SUBSTANCES – PERMIT REQUIRED –

CONDITIONS

It shall be unlawful for any person to handle, transport, load, discharge, stow, store,

possess or retain, or otherwise bring, any radioactive substances or substances that may

possibly be radioactive, or any devices or contrivances that can be operated to produce

ionizing radiation, into the harbor or upon property of the District, unless such person shall

first have applied for and been issued a written permit by the Executive Director so to do,

and unless such person shall agree in writing to and shall comply with all of the terms and

conditions that may be specified in such permit. The permit shall be subject to such terms

and conditions as may be therein contained and to the following express terms and

conditions:

(a) Permittee shall post a faithful performance bond, approved as to form by

the Port Attorney, or, in lieu thereof, the equivalent in cash, in an amount

sufficient, in the opinion of the Executive Director, to cover the cost of the

removal and disposal of such substances, devices and contrivances by the

Port District. The permit shall not become effective until after such faithful

performance bond, or cash in lieu thereof, has been posted with and

received by the Port District.

(b) Permittee shall obtain a certificate from the County Health Department of

the County of San Diego, the Atomic Energy Commission, or the

Department of Health of the State of California, certifying that such

substances, devices and contrivances are not and will not be injurious to

San Diego Unified Port District – Port Code

Section No. 8.60

Article 8 – Radioactive Substances – Permit Required - Conditions Section 8.60 – Page 2 of 3

the life or health of persons for the duration of the time such substances,

devices and contrivances will be in said harbor or upon property of the

District.

officers and employees, from any and all claims for loss, liability or damage

arising out of or in connection with the possession, transportation or

handling of such substances, devices or contrivances by the permittee, its

officers, agents or employees, howsoever caused, whether such loss,

liability, or damage results, either directly or indirectly, from the acts,

omissions or negligence of the permittee, its officers, agents or employees,

in connection with the possession, handling or transportation of such

substances, devices or contrivances within the harbor or upon property of

the District, or otherwise.

(d) Permittee shall file with the Board of Port Commissioners, approved as to

form by the Port Attorney, a policy of public liability and property damage

insurance, if required by the permit, in such amounts and form as the

Executive Director shall specify, indemnifying the Port District, its boards,

officers and employees, as their interest may appear under the terms and

conditions of said permit. No permit shall be or become effective until after

San Diego Unified Port District – Port Code

Section No. 8.60

Article 8 – Radioactive Substances – Permit Required - Conditions Section 8.60 – Page 3 of 3

such policy of public liability and property damage insurance, if required,

has been received by the Port.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005 – Ordinance 2355)

San Diego Unified Port District – Port Code

Section No. 8.61

Article 8 – Radioactive Substances – Permit – Authority of Executive Director

Section 8.61 – Page 1 of 1

SECTION NO. 8.61 – RADIOACTIVE SUBSTANCES – PERMIT – AUTHORITY OF

EXECUTIVE DIRECTOR

The Executive Director is hereby authorized and empowered to issue such

permits, upon proper application being made to him therefor, and to provide therein such

additional terms and conditions, not contrary to or inconsistent with any applicable,

Federal, State or municipal laws or regulations relative to the handling, transporting,

loading, discharging, stowing, storing, possession or retention of such substances,

devices or contrivances, as in his discretion may be necessary or desirable in the interest

of the health, safety or security of persons or property. The Executive Director is hereby

authorized and empowered to refuse to issue a permit upon application being made

therefor, when in his judgment the substances, devices or contrivances which are the

subject of such application and which are proposed to be handled, transported, loaded,

discharged, stowed, stored, possessed or retained, or otherwise brought into the harbor

or upon property of the District, are or may be unreasonably or unduly dangerous or

hazardous to the health, safety or security of persons or of property within said District.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.62

Article 8 – Radioactive Substances – Permit – Application Section 8.62 – Page 1 of 1

SECTION NO. 8.62 – RADIOACTIVE SUBSTANCES – PERMIT – APPLICATION

Applications for permits shall be in writing, shall be made as far as practicable in

advance of the time required for use, and shall include a description of and the quantity,

stowage, and such other pertinent information as may be required by the Executive

Director, relative to the substances, devices or contrivances desired to be handled,

transported, loaded, discharged, stowed, stored, possessed or retained in the harbor or

upon property of the District.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.63

Article 8 – Radioactive Substances – Permit Fee Section 8.63 – Page 1 of 1

SECTION NO. 8.63 – RADIOACTIVE SUBSTANCES – PERMIT FEE

There shall be a fee of Twenty-Five Dollars ($25.00), payable in advance, for each

permit issued under this regulation.

(Enacted April 5, 1966 – Ordinance No. 216)

San Diego Unified Port District – Port Code

Section No. 8.64

Article 8 – Radioactive Substances – Compliance with the Law Section 8.64 – Page 1 of 1

SECTION NO. 8.64 – RADIOACTIVE SUBSTANCES – COMPLIANCE WITH THE LAW

Permittee shall comply with and conform to any and all applicable rules and

regulations promulgated by the Port District, and with and to the laws, rules and

regulations of the United States of America and the State of California, and of any

department or agency thereof. Failure to so comply by a permittee shall be cause for

immediate revocation of such permit.

(Enacted April 5, 1966 – Ordinance No. 216)

San Diego Unified Port District – Port Code

Section No. 8.65

Article 8 – Radioactive Substances – Handling – Personnel Record Section 8.65 – Page 1 of 1

SECTION NO. 8.65 – RADIOACTIVE SUBSTANCES – HANDLING – PERSONNEL

RECORD

Every terminal operator, stevedore or other person employing personnel on

property of the District where such personnel will handle or be in close proximity to

radioactive substances or substances that may possibly be radioactive, or devices or

contrivances that can be operated to produce ionizing radiation, shall keep and maintain

a permanent record of the duration of the employment of such personnel and of the

quantity and a maximum degree of radioactivity of such substances, devices or

contrivances.

(Enacted April 5, 1966 – Ordinance No. 216)

San Diego Unified Port District – Port Code

Section No. 8.66

Article 8 – Radioactive Substances – Protection of Personnel Section 8.66 – Page 1 of 1

SECTION NO. 8.66 – RADIOACTIVE SUBSTANCES – PROTECTION OF

PERSONNEL

Every person who handles any radioactive substances or substances that may

possibly be or may likely become radioactive or who comes into close proximity thereto

on property of the District shall be provided with a radiological film badge or equivalent

device adequate to record the extent of such radioactivity incurred by the wearer thereof

and to afford a record thereof.

(Enacted April 5, 1966 – Ordinance No. 216)

San Diego Unified Port District – Port Code

Section No. 8.67

Article 8 – Radioactive Substances – Continued Movement Section 8.67 – Page 1 of 1

SECTION NO. 8.67 – RADIOACTIVE SUBSTANCES – CONTINUED MOVEMENT

Every person who brings radioactive substances or substances that may possibly

be radioactive, or devices or contrivances that can be operated to produce ionizing

radiation, into the harbor or upon property of the District shall make provision, prior to the

time such substances are brought into the harbor or upon the property of the District, for

an assured means of transportation for the continued movement of such substances from

property of the District.

(Enacted April 5, 1966 – Ordinance No. 216)

San Diego Unified Port District – Port Code

Section No. 8.68

Article 8 – Radioactive Substances – Cleaning Port Facilities Section 8.68 – Page 1 of 1

SECTION NO. 8.68 – RADIOACTIVE SUBSTANCES – CLEANING PORT FACILITIES

Every person who brings radioactive substances or substances that may possibly

be radioactive, or devices or contrivances that can be operated to produce ionizing

radiation, into the harbor or upon property of the District in quantities which are, in the

opinion of the Executive Director, substantial, shall thoroughly wash down, cleanse, and

obtain and record a reading of the residual radioactivity of any wharf, wharf premise,

transit shed, structure, or of any vehicle or vessel, if such vehicle or vessel is to remain in

or return to the harbor or property of the District, that may possibly be contaminated by

contact or association with such substances, devices or contrivances.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.69

Article 8 – Radioactive Substances – Report of Breakage or Loss Section 8.69 – Page 1 of 1

SECTION NO. 8.69 – RADIOACTIVE SUBSTANCES – REPORT OF BREAKAGE OR

LOSS

Every person having the care, custody, control or possession of radioactive

substances or substances that may possibly be or may likely become radioactive, in the

harbor or upon property of the District, shall promptly report to the Executive Director the

breakage or loss of any package or container of such substances upon any land or waters

under the control of the Board of Port Commissioners, and it shall be unlawful for any

such person to refuse, neglect or otherwise fail to make such report.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005- Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.70

Article 8 – Radioactive Substances – Quantities Limited Section 8.70 – Page 1 of 1

SECTION NO. 8.70 – RADIOACTIVE SUBSTANCES – QUANTITIES LIMITED

Radioactive substances or substances that may possibly be radioactive, or devices

or contrivances that can be operated to produce ionizing radiation, shall be examined and

certificated for entry into the harbor or upon property of the District, as hereinabove

provided, prior to being brought into the harbor or upon property of the District, and such

substances, devices and contrivances may be denied assemblage in the harbor or upon

property of the District in excess of the quantities necessary to maintain continuity of

loading operations at water front facilities, and every permit issued by the Executive

Director hereunder shall so provide.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.71

Article 8 – Radioactive Substances – Label Required Section 8.71 – Page 1 of 1

SECTION NO. 8.71 – RADIOACTIVE SUBSTANCES – LABEL REQUIRED

Each and every package, box, barrel, carton, or any other object which contains

or may possibly contain a radioactive substance, or a device or contrivance that can be

operated to produce ionizing radiation, shall have displayed thereon a distinguishing label

in such words and in such form as the Executive Director may prescribe.

(Enacted April 5, 1966 – Ordinance No. 216)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 8.72

Article 8 – Radioactive Substances – Exemptions Section 8.72 – Page 1 of 1

SECTION NO. 8.72 – RADIOACTIVE SUBSTANCES – EXEMPTIONS

(Enacted May 10, 1966 – Ordinance No. 226)

(Deleted – September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 9.01

Article 9 – Debarment – Definitions Section 9.01 – Page 1 of 3

ARTICLE 9

DEBARMENT

SECTION NO. 9.01 – DEFINITIONS

(a) For purposes of this Section certain words and phrases used herein are

defined as follows:

1. "Affiliate" – business entities, organizations, or individuals who either

directly or indirectly:

a) control one another or have the power to control one another,

b) are controlled by a third party or are subject to control by a

third party. "Affiliates" include chief executive officers and

members of boards of directors or their equivalents.

2. "Bidder" – any individual, organization, legal entity, company or

affiliate responding to a Request for Proposal for any project

distributed by the District.

3. "Claim" – any request or demand for money, property or services

made to any employee, officer or agency of the San Diego Unified

Port District.

4. "Contractor" – any individual or other legal entity that:

a) directly or indirectly, for example, through an affiliate, submits

offers for or is awarded, or reasonably may be

San Diego Unified Port District – Port Code

Section No. 9.01

Article 9 – Debarment – Definitions Section 9.01 – Page 2 of 3

expected to submit offers for or be awarded, a District

contract; or

b) conducts business or reasonably may be expected to conduct

business with the District as an agent or representative of

another contractor.

5. "Debarment" – action taken by the Board of Port Commissioners of

District to exclude a contractor from contracting with the District for a

reasonable, specified period.

6. "District" – the San Diego Unified Port District.

7. "Executive Director" – Executive Director of the San Diego Unified

Port District.

8. "Hearing Officer" – the individual appointed by the District to hear the

information presented by the contractor facing debarment.

9. "Knowing" and "Knowingly" – that with respect to information, a

person does any of the following:

a) has actual knowledge of the information.

b) acts in deliberate ignorance of the truth or falsity of the

information.

c) acts in reckless disregard of the truth or falsity of the

information.

San Diego Unified Port District – Port Code

Section No. 9.01

Article 9 – Debarment – Definitions Section 9.01 – Page 3 of 3

10. "Person" includes any natural person affiliate, corporation, firm,

association, organization, partnership, limited liability company,

business or trust.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.02

Article 9 – Grounds for Debarment, Public Works Contracts Section 9.02 – Page 1 of 3

SECTION NO. 9.02 – GROUNDS FOR DEBARMENT, PUBLIC WORKS CONTRACTS

(a) In accordance with procedures set forth below, a bidder or contractor may

be declared ineligible to bid on District procurement and public works

contracts for a period not to exceed Three (3) years for any of the following

reasons:

1. Two (2) or more claims of computational or other error in bid

submission within a Two (2) year period;

2. Unjustified failure or refusal to timely provide or properly execute

contract documents;

3. Unsatisfactory performance of contract;

4. Two (2) or more occasions within a Two (2) Year period of failure to

submit bond or insurance documents acceptable to the District in the

time periods required;

5. Unjustified refusal to properly perform or complete contract work or

warranty performance;

6. Unjustified failure to honor or observe contractual obligations or legal

requirements pertaining to the contract;

7. Conviction under a State or Federal statute or municipal ordinance

for fraud, bribery, theft, falsification or destruction of records,

receiving stolen property or of any other similar crime;

San Diego Unified Port District – Port Code

Section No. 9.02

Article 9 – Grounds for Debarment, Public Works Contracts Section 9.02 – Page 2 of 3

8. Any offense or action which indicates a lack of business integrity and

which could directly affect the reliability and credibility of

performance of the contractor on future contracts with the District;

9. Any debarment of the contractor by another governmental agency;

10. Failure to timely submit accurate certified payrolls as required by law;

11. Any serious safety violation, whether or not resulting in citation by

OSHA or CALOSHA;

12. Two (2) or more occasions in a Two (2) Year period of using an

unauthorized/unlisted subcontractor;

13. Conviction under Federal or State antitrust statutes involving public

contracts or the submission of bid proposals for any corrupt practices

involving the administration or award of a contract with the District;

14. Permanent debarment of the bidder or contractor by another

governmental agency.

(b) Any person who commits any of the following acts shall be debarred as set

forth in Subsection (a), above:

1. Knowingly presents or causes to be presented to an officer or

employee of the District a false claim for payment or approval.

San Diego Unified Port District – Port Code

Section No. 9.02

Article 9 – Grounds for Debarment, Public Works Contracts Section 9.02 – Page 3 of 3

2. Knowingly makes, uses or causes to be made or used a false record

or statement to get a false claim paid or approved by the District.

3. Conspires to defraud the District by getting a false claim allowed or

paid by the District.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.03

Article 9 – Debarment Procedure Section 9.03 – Page 1 of 2

SECTION NO. 9.03 – DEBARMENT PROCEDURE

(a) The Chief Engineer or his/her designee shall conduct an investigation into

the circumstances which may warrant debarment of any bidder or

contractor.

(b) After completing such investigation, the Chief Engineer or his/her designee

shall determine whether sufficient facts exist to warrant debarment, and, if

so, shall issue a Notice of Intent to Debar.

proposed action and the reasons for the proposed action.

(d) The bidder or contractor shall have Ten (10) calendar days from the date of

issuance of the Notice of Intent to Debar to request in writing to the

Executive Director a Hearing on the proposed debarment. If no such

request is timely filed, the proposed action shall be final.

(e) If a timely request is submitted, a Hearing shall be conducted no later than

Ten (10) calendar days after the request is received. The bidder or

contractor shall be notified in writing of the time and place of the Hearing.

(f) The Hearing Officer shall be the Executive Director or his designee. The

bidder or contractor may appeal the decision of the Hearing Officer to the

Board of Port Commissioners. This appeal must be in writing and must be

made no later than Five (5) working days after the Hearing Officer renders

the decision.

San Diego Unified Port District – Port Code

Section No. 9.03

Article 9 – Debarment Procedure Section 9.03 – Page 2 of 2

(g) The Hearing Officer shall base his decision on the record presented to him

by the District and such information as the bidder or contractor may present.

Strict rules of evidence shall not apply.

(h) In the event of an appeal from the decision of the Hearing Officer, the Board

of Port Commissioners shall consider the matter at a regularly scheduled

meeting. The Board's consideration shall be limited to the record before the

Hearing Officer. No new evidence may be submitted, and the Board's

decision shall be final.

(Enacted May 26, 1998 – Ordinance No. 1980)

(Amended September 6, 2005 – Ordinance No. 2355)

San Diego Unified Port District – Port Code

Section No. 9.04

Article 9 – Debarment Procedures for Materials, Supplies, Equipment, Insurance or Personal

Service Contracts Section 9.04 – Page 1 of 1

SECTION NO. 9.04 – DEBARMENT PROCEDURES FOR MATERIALS, SUPPLIES,

EQUIPMENT, INSURANCE OR PERSONAL SERVICE CONTRACTS

(a) District contracts covered by this Section include materials, supplies,

equipment, insurance, and personal services contracts entered into with the

District.

(b) Debarment procedures for materials, supplies, equipment, insurance or

personal service contracts are the same as for public works and

procurement contracts and are covered by Section 9.03, above.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.05

Article 9 – General Section 9.05 – Page 1 of 1

SECTION NO. 9.05 – GENERAL

(a) A contractor's debarment shall be effective throughout the District.

Debarment prohibits officers of the District and employees of all District

departments from executing contracts with a debarred contractor. Debarred

contractors shall be placed on a list maintained by the District Clerk in

accordance with Section 9.06, below.

(b) Debarment constitutes debarment of all divisions, affiliations, sub-groups or

other organizational elements of the contractor, unless the debarment

decision is limited by its terms to specific divisions, organizational elements,

or commodities. The District may extend the debarment decision to include

any affiliate of the contractor if the affiliate is:

1. specifically named, and

2. given written notice of the proposed debarment and an opportunity

to respond.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.06

Article 9 – List Debarred Contractors Section 9.06 – Page 1 of 1

SECTION NO. 9.06 – LIST OF DEBARRED CONTRACTORS

(a) The Executive Director shall:

1. Compile a current, consolidated list of all debarred contractors; said

list shall be maintained by the Office of District Clerk;

2. Periodically revise and distribute the list and issue supplements; and

3. Establish procedures to provide for effective use of the debarred

contractors' list, to ensure that the District does not solicit offers from

or award contracts to anyone on the list.

(b) The debarred contractors' list shall indicate:

1. The names and addresses of all debarred contractors with cross

references when more than one name is involved in a single action;

2. The cause for the action; and

3. The termination date for each listing.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.07

Article 9 – Effect of Listing Section 9.07 – Page 1 of 1

SECTION NO. 9.07 – EFFECT OF LISTING

(a) Debarred contractors are excluded from receiving contracts, and District

Departments shall not solicit offers from or award contracts to debarred

contractors. Debarred contractors are also excluded from conducting

business with the District as agents or representatives of other contractors.

(b) After the opening of bids or receipt of proposals, the requesting department

of the District shall review the list of debarred contractors.

shall be recorded as received, and then rejected by reason of debarment.

(d) Proposals, quotations, or offers received from any listed contractor shall not

be evaluated for award or included in the competitive process during the

period the contractor is on the list.

(e) Immediately prior to award of a contract, the Executive Director of District

or his designated representative shall again review the debarred

contractors' list to ensure that no award is made to a listed contractor.

(f) If because of inadvertence or misrepresentation on their part, the debarred

contractor or affiliate is awarded a contract, the Executive Director reserves

the right to cancel the contract and seek damages in the event performance

has begun.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.08

Article 9 – Continuation of Existing Contracts Section 9.08 – Page 1 of 1

SECTION NO. 9.08 – CONTINUATION OF EXISTING CONTRACTS

(a) Immediately upon debarment, any existing contracts between the District

and contractor shall be terminated.

(b) Notwithstanding the foregoing, the Board of Port Commissioners may

continue any contract in existence at the time the contractor is debarred

upon advice from the Executive Director of District as to the effect of

termination of the existing contract.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 9.09

Article 9 – Scope of Debarment Section 9.09 – Page 1 of 1

SECTION NO. 9.09 – SCOPE OF DEBARMENT

(a) The fraudulent, criminal or other seriously improper conduct of any officer,

director, shareholder, partner, employee or other individuals associated

with a contractor may be imputed to the contractor when the conduct

occurred in connection with the individual's performance of duties for, or on

behalf of, the contractor, or with the contractor's knowledge, approval, or

acquiescence. The contractor's acceptance of the benefits derived from the

conduct shall be evidence of such knowledge, approval or acquiescence.

(b) The fraudulent, criminal, or other seriously improper conduct of a contractor

may be imputed to any officer, director, shareholder, partner, employee, or

other individual associated with the contractor who participated in, knew of,

or had reason to know of the contractor's conduct.

contractor participating in a joint venture or similar arrangement may be

imputed to other participating contractors if the conduct occurred, for, on

approval of, or acquiescence of these contractors. Acceptance of the

benefits derived from the conduct shall be evidence of such knowledge,

approval or acquiescence.

(Enacted May 26, 1998 – Ordinance No. 1980)

San Diego Unified Port District – Port Code

Section No. 10.01

Article 10 – Stormwater Management and Discharge Control – Title, Purpose and Intent

Section 10.01 – Page 1 of 3

ARTICLE 10

STORMWATER MANAGEMENT AND DISCHARGE CONTROL

SECTION NO. 10.01 – TITLE, PURPOSE AND INTENT

(a) “Title”. This Article shall be known as "San Diego Unified Port District

Stormwater Management and Discharge Control" and may be so cited.

(b) “Purpose”. The purpose of this Article is to establish a defined set of

requirements, protocols and procedures by which the District and users of

District tideland resources may operate in compliance with State stormwater

regulations. Further, it is the intent of this Article to protect the health, safety

and general welfare of the public, tenants, and visitors within District

jurisdiction; to protect water resources and to improve water quality; to

cause the use of management practices by the District and its tenants

and/or subtenants, and users of District tidelands to reduce the adverse

effects of polluted runoff discharges on waters of the State to ensure

compliance with the Municipal Separate Storm Sewer System (MS4) Permit

Order No. R9-2013-0001 (NPDES No. CAS0109266) including any

amendments, and any applicable State and Federal law. This Article seeks

to promote these goals by:

1. Effectively prohibiting no-stormwater discharges to the MS4;

2. Prohibiting and eliminating all illicit discharges and illicit connections

to the MS4, and reducing pollutants in discharges into

San Diego Unified Port District – Port Code

Section No. 10.01

Article 10 – Stormwater Management and Discharge Control – Title, Purpose and Intent

Section 10.01 – Page 2 of 3

and from the MS4 to receiving waters, consistent with the

prohibitions and limitations of the MS4 Permit;

3. Establishing minimum requirements for stormwater management,

including source control requirements to prevent and reduce

pollution;

4. Establishing site design requirements for development projects, to

reduce stormwater pollution to the maximum extent practicable

(MEP) and enhance existing water-dependent habitats;

5. Establishing standards for the use of off-site facilities and areas for

stormwater management to supplement on-site practices at Priority

Development Projects to meet post-construction BMP performance

requirements;

6. Establishing notice procedures and standards for adjusting

stormwater and non-stormwater management requirements where

necessary;

7. Conforming with the Clean Water Act, the Porter-Cologne Water

Quality Control Act, all applicable provisions of statewide Water

Quality Control Plans and Policies adopted by the State Water

Resources Control Board, the Water Quality Control Plan for the San

Diego Basin adopted by the Regional Water Quality Control Board,

and all other applicable State and Federal regulations; and

San Diego Unified Port District – Port Code

Section No. 10.01

Article 10 – Stormwater Management and Discharge Control – Title, Purpose and Intent

Section 10.01 – Page 2 of 3

8. Establishing and identifying enforcement procedures.

the primary enforcement document for the management and discharge

control of stormwater and urban runoff within District jurisdiction.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

(Amended October 9, 2018 – Ordinance No. 2931)

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 1 of 17

SECTION NO. 10.02 – DEFINITIONS

(a) For purposes of this Article:

1. “Beneficial Uses” – means the uses of water necessary for the

survival or well-being of humans, plants, and wildlife. These uses of

water serve to promote tangible and intangible economic, social, and

environmental goals. "Beneficial Uses" of the waters of the State that

may be protected include, but are not limited to, domestic, municipal,

agricultural and industrial supply; power generation; recreation;

aesthetic enjoyment; navigation; and preservation and enhancement

of fish, wildlife, and other aquatic resources or preserves. Existing

beneficial uses are uses that were attained in the surface or ground

water on or after November 28, 1975; and potential beneficial uses

are uses that would probably develop in future years through the

implementation of various control measures. "Beneficial Uses" are

equivalent to "Designated Uses" under federal law.

2. “Best Management Practices” – means schedules of activities,

pollution treatment practices or devices, prohibitions of practices,

general good housekeeping practices, pollution prevention and

educational practices, maintenance procedures, and other

management practices or devices to prevent or reduce the

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 2 of 17

discharge of pollutants directly or indirectly to stormwater, receiving

waters, or the stormwater conveyance system. Plans that describe

the BMPs to be implemented and other steps to be taken by a Person

using property held in trust by the District, as required by the

Executive Director to meet all applicable stormwater requirements,

including, but not limited to, the prohibitions and limitations of the

MS4 Permit, may also be considered a BMP. Such plans may

include, but are not limited to, Stormwater Pollution Prevention

Plans, Construction BMP Plans, BMP Plans and Rain Event Plans.

BMPs also include, but are not limited to, treatment practices,

operating procedures, and practices to control site runoff, spillage or

leaks, sludge or water disposal, or drainage from raw materials

storage. BMPs may include any type of pollution prevention and

pollution control measure that can help to achieve compliance with

this Article.

3. “BMPs” – means Best Management Practices.

4. “BMP Design Manual for Permanent Site Design, Stormwater

Treatment and Hydro modification Management” (BMP Design

Manual) – means a programmatic level guidance document

developed to eliminate, reduce, or mitigate the impacts of runoff from

development projects, including Priority Development

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 3 of 17

Projects. The BMP Design Manual provides procedures for planning,

selecting, and designing permanent stormwater BMPs based on the

performance standards presented in the MS4 Permit Order No. R9-

2013-0001. The BMP Design Manual replaces the Standard Urban

Stormwater Mitigation Plan which was developed pursuant to the

2008 Municipal Stormwater Permit for San Diego County.

5. “Commercial Activity” – means any public or private activity involved

in the production, storage, transportation, (including transport of

person) distribution, exchange or sale of goods and/or commodities,

or providing professional and/or non-professional services. These

commercial activities do not include industrial activities, nor do they

include any Federal, State, Municipal, or other government agency

activities.

6. “Construction Activity” – means any activity involving the clearing,

grading, and disturbances to the ground such as stockpiling, or

excavation that results in land disturbance.

7. “Construction BMP Plan” – means a document which describes the

BMPs to be implemented and other steps to be taken during the

course of construction by the Discharger for projects that do not

require coverage under the General Construction Stormwater

Permit.

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 4 of 17

8. “CWA” – means the Federal Water Pollution Control Act, commonly

known as the Clean Water Act.

9. “Development Projects” – means new development or

redevelopment with land disturbing activities, structural

development, including construction or installation of a building or

structure, the creation of impervious surfaces, public agency

projects.

10. “Discharge” – means any release, spill, leak, pump, flow, escape,

dumping, or disposal of any liquid, semi-solid or solid substance.

11. “Discharger” – means any person or entity engaged in activities or

operations which have resulted or have the potential to result in a

discharge to the MS4 or receiving waters; or any person or entity

leasing or owning property on which such activities, operations or

facilities are located.

12. “Dry Season” – means the time period from May 1 through

September 30.

13. “Environmentally Sensitive Areas” – means areas that include, but

are not limited to, all CWA 303(d) impaired water bodies; areas

designated as Areas of Special Biological Significance; water bodies

designated with the RARE beneficial use by the State Water

Resources Control Board; areas designated as preserves or their

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 5 of 17

equivalent under the Multiple Species Conservation Program within

the Cities and County of San Diego.

14. “Erosion” – means when land is diminished or worn away due to

wind, water, or glacial ice. Often the eroded debris (silt or sediment)

becomes a pollutant via stormwater runoff. Erosion occurs naturally

but can be intensified by land clearing activities such as farming,

development, road building, and timber harvesting.

15. “ESA” – means Environmentally Sensitive Areas.

16. “Facility” – means a building, structure, installation or contiguous

land, including but not limited to, terminals or parts of terminals, from

which or to which a discharge could occur.

17. “General Construction Stormwater Permit” – means NPDES Permit

No. CAS000002, Waste Discharge Requirements for Discharges of

Storm Water Associated with Construction Activities, and any

modifications or amendments thereto, or as re-issued.

18. “General Industrial Stormwater Permit” – means NPDES Permit No.,

Waste Discharge Requirements for Discharges of Storm Water

Associated with Industrial Activities Excluding Construction

Activities, and any modifications or amendments thereto, or as re-

issued.

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 6 of 17

19. “Grading” – means the cutting and/or filling of the land surface to a

desired slope or elevation.

20. “Illicit Connection” – Means any man-made conveyance or drainage

system through which a non-storm water discharge to the MS4

occurs or may occur or any connection to the MS4 which has not

been reviewed and authorized by the District that conveys an illicit

discharge.

21. “Illicit Discharge” – means any discharge or release into stormwater,

the MS4, receiving waters, or land that is not composed entirely of

stormwater except conditionally allowed discharges described in the

MS4 Permit Order No. R9-2013-0001.

22. “Impervious Surface” – means any man-made, constructed or

modified surface(s) that prevents or significantly reduces infiltration

of water or precipitation into the underlying soil, resulting in runoff

from the surface in greater volumes and/or at an increased rate,

when compared to natural conditions prior to development. The term

includes, but is not limited to, parking lots, driveways, streets,

roadways, storage areas, rooftops, pavement, sidewalks, compacted

gravel, compacted earth and oiled earth.

23. “Industrial Activity” – means any public or private activity which is

associated with any of the eleven (11) categories of activities

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 7 of 17

defined in 40 CFR 122.26(b)(14) and required to obtain an NPDES

permit, or other activities required to obtain an NPDES permit or

Waste Discharge Permit for stormwater runoff control, and any

facility used for conducting industrial activities.

24. “Industrial Discharger” – means a Discharger who conducts an

Industrial Activities.

25. “Infiltration” – means the process of percolating stormwater or non-

stormwater into the subsoil.

26. “Jurisdictional Runoff Management Plan” – means a written

description of the specific jurisdictional runoff management

measures and programs that each Copermittee will implement to

comply with MS4 Permit Order No. R9-2013-0001 and ensures that

pollutant discharges in urban runoff are reduced to the MEP and do

not cause or contribute to a violation of water quality objectives.

27. “JRMP” – means Jurisdictional Runoff Management Plan.

28. “LID” – means Low Impact Development.

29. “Low Impact Development” – means a storm management and land

development strategy that emphasizes conservation and the use of

on-site natural features integrated with engineered, small-scale

hydrologic controls to more closely reflect pre-development

hydrologic functions.

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 8 of 17

30. Low Impact Development Best Management Practices (LID BMPs)

– include schedules of activities, prohibitions of practices,

maintenance procedures, and other management practices to

prevent or reduce the pollution of waters of the United States through

stormwater management and land development strategies that

emphasize conservation and the use of on-site natural features

integrated with engineered, small-scale hydrologic controls to more

closely reflect pre-development hydrologic functions. LID BMPs

include retention practices that do not allow runoff, such as

infiltration, rainwater harvesting and reuse, and evapotranspiration.

LID BMPs also include flow-through practices such as bio filtration

that may have some discharge of stormwater following pollutant

reduction.

31. “Maintenance of a BMP” – means regularly scheduled activities

taken to uphold the as-designed performance of a BMP, and

includes, but is not limited to, repairing and cleaning of the BMP as

necessary, and replacement of the BMP by an equally effective or

more effective BMP at the end of its useful life.

32. “Maximum Extent Practicable” – means the technology-based

standard established by Congress in CWA Section 402(p)(3)(B)(iii)

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 9 of 17

that operators of MS4s must meet. MEP is further defined in

Attachment C of the MS4 Permit Order No. R9-2013-0001.

33. “MEP” – means Maximum Extent Practicable.

34. “MS4” – means Municipal Separate Storm Sewer System.

35. “Municipal Separate Storm Sewer System” – means a conveyance

or system of conveyances, including roads with drainage systems,

municipal streets, catch basins, curbs, gutters, ditches, natural

drainage features or channels, modified natural channels, man-

made channels, or storm drains, by which urban runoff and

stormwater may be conveyed to the receiving waters. The terms

“MS4” and “Stormwater Conveyance System may be used

interchangeably.

36. “2008 Municipal Stormwater Permit” – means the San Diego County

Municipal Storm Water Permit Order No. R9-2007-0001, Waste

Discharge Requirements for Discharges of Urban Runoff from the

Municipal Separate Storm Sewer Systems (MS4s) Draining the

Watersheds of the County of San Diego, the Incorporated Cities of

San Diego County, the San Diego Unified Port District, and the San

Diego County Regional Airport Authority that was in effect from 2007

through 2013.

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 10 of 17

37. “MS4 Permit” – means Regional Municipal Stormwater Permit Order

No. R9-2013-0001 Waste Discharge Requirements for Discharges

from the Municipal Separate Storm Sewer Systems (MS4s) Draining

the Watersheds within the San Diego Region as modified, amended

or re-issued.

38. “Non-Stormwater” – means all discharges to and from a MS4 or to

the receiving water that do not originate from precipitation events

(i.e., all discharges from a MS4 other than stormwater). Non-

stormwater includes illicit discharges, non-prohibited discharges,

and National Pollutant Discharge Elimination System permitted

discharges.

39. “National Pollutant Discharge Elimination System” – means the

national program for issuing, modifying, revoking and reissuing,

terminating, monitoring and enforcing permits, and imposing and

enforcing pretreatment requirements, under Sections 307, 318, 402,

and 405 of the CWA.

40. “NPDES” – means National Pollutant Discharge Elimination System.

41. “Person” – means in this Article, an individual, association,

partnership, corporation, limited liability company, trustee,

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 11 of 17

municipality, State or Federal agency, or any other legal entity, or

agent or employee thereof.

42. “Point Source” – means any discernible, confined, and discrete

conveyance, including, but not limited to, any pipe, ditch, channel,

tunnel, conduit, well, discrete fissure, container, rolling stock,

concentrated animal feeding operation, landfill leachate collection

system, vessel, or other floating craft from which pollutants are or

may be discharged. This term does not include return flows from

irrigated agriculture or agricultural stormwater runoff.

43. “Pollutant” – means any substance introduced to the MS4 that may

cause or contribute to the degradation of water quality such that

public health, the environment, or beneficial uses of receiving waters

may be affected.

44. “Pollution” – means the alteration of the quality of the receiving water

or MS4 by waste, to a degree that unreasonably affects either the

waters for beneficial use or facilities that serve these beneficial uses.

45. “Pollution Prevention BMP” – means practices and processes that

reduce or eliminate the generation of pollutants, in contrast to source

control BMPs, treatment control BMPs, or disposal. Stormwater

pollution prevention practices that are generally

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 12 of 17

recognized in the applicable industry or business as being effective

and economically sound.

46. “Post-Construction BMPs” – means a subset of BMPs including

structural and non-structural controls which detail, retain, filter, or

educate to prevent the release of pollutants to surface waters during

the functional life of developments.

47. “Priority Development Projects” – means new development and

redevelopment projects defined in Provision E.3.b of the MS4 Permit.

48. “Receiving Waters” – means Waters of the United States.

49. “Redevelopment” – means the creation, addition, and/or

replacement of impervious surface on an already developed site.

Examples include the expansion of a building footprint, road

widening, the addition to or replacement of a structure, and creation

or addition of impervious surfaces. Replacement of impervious

surfaces includes any activity that is not part of the routine

maintenance activity where impervious material(s) are removed,

exposing underlying soil during construction. Redevelopment does

not include trenching and resurfacing associated with utility work;

resurfacing and reconfiguring surface parking lots and existing

roadways; new sidewalk construction, pedestrian ramps, or bike

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 13 of 17

lanes on existing roads; and routine replacement of damaged

pavement, such as pothole repair.

50. “RWQCB” – means the California Regional Water Quality Control

Board for the San Diego Region.

51. “Sediment” – means soil, sand, and minerals washed from land into

water from anthropogenic sources.

52. “Source Control BMP” – means land use or site planning practices,

or structural or nonstructural measures that aim to prevent runoff

pollution by reducing the potential for contamination at the source of

pollution. Source control BMPs minimizes the contact between

pollutants and runoff.

53. “Standard Urban Stormwater Mitigation Plan” – means a

programmatic level guidance document developed to eliminate,

reduce, or mitigate the impacts of runoff from development projects,

including Priority Development Projects. The SUSMP was developed

pursuant to the 2008 Municipal Stormwater Permit for San Diego

County.

54. “Stormwater” – means stormwater runoff, snow melt runoff, and

surface runoff and drainage.

55. “Stormwater Conveyance System” – this term is used

interchangeably with MS4.

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 14 of 17

56. “Stormwater Pollution Prevention Plan” – means a document which

meets the requirements set out in the General Construction

Stormwater Permit, General Industrial Stormwater Permit, MS4

Permit, JRMP, or this Article. A SWPPP describes the BMPs to be

implemented and other steps to be taken by the Discharger to meet

the applicable stormwater requirements for a construction site,

facility or for the use of property or resources held in trust by the

District, as required by the Executive Director.

57. “SUSMP” – means Standard Urban Stormwater Mitigation Plan.

58. “SWPPP” – means Stormwater Pollution Prevention Plan.

59. “Stormwater Quality Management Plan” – means a plan developed

to mitigate the impacts of urban runoff from Priority Development

Projects that is in accordance with the MS4 Permit and District

JRMP.

60. SWQMP – means Stormwater Quality Management Plan.

61. “Tenant” – means any person who enters into a lease agreement or

a use permit agreement (including Tideland Use and Occupancy

Permits, rental agreements, easements, licenses, and other similar

types of agreements) with the District directly or indirectly as a

subtenant to the primary leaseholder.

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 15 of 17

62. “Treatment Control BMP” – means any engineered system including

BMPs that rely on either a physical condition (other than an entirely

natural and undisturbed condition) or a constructed or installed

device designed to remove pollutants by simple gravity settling of

particulate pollutants, filtration, biological uptake, media absorption

or any other physical, biological, or chemical process.

63. “Urban Runoff” – means all flows in a stormwater conveyance

system and consists of the following components: stormwater (wet

weather flows) and non-stormwater illegal discharge (dry weather

flows).

64. “Urban Stormwater Mitigation Plan (USMP)” – means a plan

developed to mitigate the impacts of urban runoff from Priority

Development Projects that is in accordance with the 2008 Municipal

Stormwater Permit.

65. “Waste” – includes sewage and all other waste substances, liquid,

solid, gaseous, or radioactive, associated with human habitation, or

of human or animal origin, or from any producing, manufacturing, or

processing operation, including waste placed within the containers

of whatever nature prior to, and for purposes of, disposal.

66. “Water Quality Control Plans” – means a document adopted by the

State Water Resources Control Board that sets forth water quality

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 16 of 17

standards for surface water and groundwater, as well as actions to

control nonpoint and point sources of pollution to achieve and

maintain these standards.

67. “Water Quality Objective” – means numerical or narrative limits on

constituents or characteristics of water to protect designated

beneficial uses of the water. California's water quality objectives are

established by the State and Regional Water Boards in the Water

Quality Control Plans.

68. “Water(s) of the State” – means any water, surface or underground,

including fresh and saline waters within the boundaries of the State

(California Water Code Section 13050(e)). The definition of the

waters of the State is broader than that for the Waters of the United

States in that all water in the State is considered to be a water of the

State regardless of circumstances or condition.

69. “Water(s) of the United States” – means water subject to the

regulatory jurisdiction of the United States under the CWA and

applicable case law.

70. “Watershed” – means that geographical area which drains to a

specified point on a water course, usually a confluence of streams or

rivers (also known as drainage area, catchment, or river basin).

San Diego Unified Port District – Port Code

Section No. 10.02

Article 10 – Definitions Section 10.02 – Page 17 of 17

71. “Wet Season” – means the time period from October 1 through April

30, also known as the rainy season.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

(Amended October 9, 2018 – Ordinance No. 2931)

San Diego Unified Port District – Port Code

Section No. 10.03

Article 10 – General Provisions Section 10.03 – Page 1 of 3

SECTION NO. 10.03 – GENERAL PROVISIONS

(a) “Construction and Application”. This Article is not intended to interfere with,

abrogate or annul any other Article, rule or regulation, statute, or other

provision of law. The requirements of this Article should be considered

minimum requirements, and where any provision of this Article imposes

restrictions different from those imposed by any other Article, rule or

regulation, statute or other provision of law, whichever provisions are more

restrictive or impose higher protective standards for human health or the

environment shall take precedence.

(b) “Compliance Disclaimer”. Full compliance by any person with the provisions

of this Article shall not preclude the need to comply with other local, State

or Federal statutory or regulatory requirements, which may be required for

the control of the discharge of pollutants into stormwater and/or the

protection of stormwater quality.

of recycled water provided such use complies with this Article.

(d) “Executive Director Authority”. The Executive Director is empowered to

enforce the requirements of this Article, including, but not limited to,

requiring Persons using property or resources held in trust by the District to

prepare and implement BMPs to comply with this Article and to take other

actions necessary to comply with this Article.

San Diego Unified Port District – Port Code

Section No. 10.03

Article 10 – General Provisions Section 10.03 – Page 2 of 3

(e) “District Permits and Approvals”.

1. An application and approval is required for development projects,

tenant improvements and construction activity on tidelands.

Applications and permits are also required for special events and

temporary commercial or industrial activities.

2. An application for any permits or approvals shall be accompanied by

plans or documentation demonstrating how the applicable

requirements of this Article will be met. No permit or approval shall

be granted unless the decision maker determines that the application

will comply with this Article.

3. An application for any special event permit or approval shall be

accompanied by a deposit to cover any costs or expenses to abate

an Illicit Discharge or to repair any obstruction, damage or other

impairment to the stormwater conveyance system

(f) “Procedures, Forms and Documents”. The Executive Director may prepare,

disseminate and maintain procedures, forms and other documents

addressing the use of pollution prevention practices and BMPs and require

their use for specific activities or Facilities. The District JRMP,

San Diego Unified Port District – Port Code

Section No. 10.03

Article 10 – General Provisions Section 10.03 – Page 3 of 3

BMP Design Manual, and templates, are available at the District and on the

District's website, www.portofsandiego.org.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

(Amended October 9, 2019 – Ordinance No. 2931)

San Diego Unified Port District – Port Code

Section No. 10.04

Article 10 – Conditionally Allowed Non-Stormwater Discharges

Section 10.04 – Page 1 of 5

SECTION NO. 10.04 – CONDITIONALLY ALLOWED NON-STORMWATER

DISCHARGES

(a) “Conditionally Allowed Non-stormwater Discharges”. The following are

conditionally allowed non-stormwater discharges as defined in the MS4

Permit.

1. Any discharge or connection to the MS4 regulated under an NPDES

permit issued to a Discharger and administered by the State of

California pursuant to Division 7 of the California Water Code is

allowed, provided that the Discharger is in compliance with all

requirements of the NPDES permit and other applicable laws and

regulations.

2. Non-stormwater discharges to the MS4 from the following categories

are allowed if the discharge has coverage under NPDES Permit No.

CAG919001 (Order No. R9-2007-0034, or subsequent order) for

discharges to San Diego Bay, or NPDES Permit No. CAG919002

(Order No. R9-2008-0002 or subsequent order) for discharges to

surface waters other than San Diego Bay.

a) Uncontaminated pumped ground water;

b) Discharges from foundation drains;

c) Water from crawl space pumps; and

San Diego Unified Port District – Port Code

Section No. 10.04

Article 10 – Conditionally Allowed Non-Stormwater Discharges

Section 10.04 – Page 2 of 5

d) Water from footing drains. When the system is designed to be

located at or below the groundwater table to actively or

passively extract groundwater during any part of the year.

3. Non-storm water discharges to the MS4 from water line flushing and

Water main breaks are allowed if the discharges have coverage

under NPDES Permit No. CAG679001 (RWQCB Order No. R9-

2010-0003 or subsequent order), and the Discharger is in

compliance with all requirements of that NPDES permit and other

applicable laws and regulations. This category includes water line

flushing and water main break discharges from water purveyors

issued a water supply permit by the California Department of Public

Health or federal military installations.

4. Discharges from recycled or reclaimed water lines to the MS4 are

conditionally allowed if the discharges have coverage under an

NPDES permit, and the Discharger is in compliance with the

applicable NPDES permit and other applicable laws and regulations.

Otherwise, discharges from water lines are illicit discharges.

5. Non-storm water discharges to the MS4 from the following categories

are conditionally allowed, unless the District or the RWQCB identifies

the discharge as a source of pollutants to

San Diego Unified Port District – Port Code

Section No. 10.04

Article 10 – Conditionally Allowed Non-Stormwater Discharges

Section 10.04 – Page 3 of 5

receiving waters, in which case the discharge is considered an illicit

discharge.

a) Discharges from diverted stream flows;

b) Discharges from rising groundwater;

c) Discharges from uncontaminated groundwater infiltration to

the MS4;

d) Discharges from springs

e) Discharges from riparian habitats and wetlands;

f) Discharges from potable water sources, except as set forth in

Section 10.04(a) 3;

g) Discharges from foundation drains when the system is

designed to be located above the groundwater table at all

times of the year, and the system is only expected to produce

non-storm water discharges under unusual circumstances;

and

h) Discharges from footing drains when the system is designed

to be located above the groundwater table at all times of the

year, and the system is only expected to produce non-storm

water discharges under unusual circumstances.

San Diego Unified Port District – Port Code

Section No. 10.04

Article 10 – Conditionally Allowed Non-Stormwater Discharges

Section 10.04 – Page 4 of 5

6. Non-storm water discharges from the following categories are

conditionally allowed if they are addressed with BMPs. Otherwise,

non-storm water discharges from the following categories are illicit

discharges.

a) Air conditioning condensation;

b) Individual residential vehicle washing;

c) Water from swimming pools.

7. Non-storm water discharges to the MS4 from firefighting activities

are conditionally allowed if they are addressed as follows:

a) Non-emergency firefighting discharges. Non-emergency

firefighting discharges, including building fire suppression

system maintenance discharges (e.g. sprinkler line flushing),

controlled or practice blazes, training, and maintenance

activities shall be addressed by BMPs to prevent the

discharge of pollutants to the MS4;

b) Emergency firefighting discharges. BMPs are encouraged to

prevent pollutants from entering the MS4. During

emergencies, priority of efforts should be directed toward life,

property, and the environment (in descending order). BMPs

shall not interfere with emergency response operations or

impact public health and safety.

San Diego Unified Port District – Port Code

Section No. 10.04

Article 10 – Conditionally Allowed Non-Stormwater Discharges

Section 10.04 – Page 5 of 5

(b) Notwithstanding the categories of non-storm water discharges conditionally

allowed in this section, if the RWQCB or the District determines that any of

these categories of conditionally allowed non-storm water discharges are a

source of pollutants to receiving waters, are a danger to public health or

safety, or are causing a public nuisance, such discharges are prohibited

from entering the MS4 and will be considered an illicit discharge.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

San Diego Unified Port District – Port Code

Section No. 10.05

Article 10 – Prohibitions

Section 10.05 – Page 1 of 3

SECTION NO. 10.05 – PROHIBITIONS

(a) The following prohibitions apply to all persons and activities on land or

waters within District jurisdiction.

1. “Illegal Discharges”. Except as provided in Section 10.04, it is

unlawful for any Person to discharge non-stormwater to the MS4. It

is unlawful to cause or contribute to any illicit discharge directly or

indirectly into the MS4, receiving waters, or land except as

conditionally allowed in this Article. It is unlawful for any Person to

cause, either individually or jointly, any discharge into or from the

MS4 that results in or contributes to a violation of the MS4 Permit.

2. “Illicit Connection”. It is unlawful to establish, use or maintain an illicit

connection to the stormwater conveyance system. This prohibition

applies retroactively to connections made in the past, even if the

connection was established pursuant to a valid permit and was legal

at the time of the connection.

3. “Waste and Pollutants Disposed on Land and in Water”. It is unlawful

to release, discharge, place or deposit any substances, pollutants, or

waste, on land or in the MS4 or elsewhere in the receiving waters

except in such receptacles as may be provided by the District. It is

unlawful to dispose of, or attempt to dispose of, waste by burying it

in or under the earth or water.

San Diego Unified Port District – Port Code

Section No. 10.05

Article 10 – Prohibitions

Section 10.05 – Page 2 of 3

4. “Flammable Materials”. It is unlawful to throw, deposit, leave,

abandon, pump, or discharge oil, spirits, or any flammable liquid or

material on District lands, in the MS4, or in receiving waters.

5. “Discharge of Excreta and Sewage”. It is unlawful to discharge, or

cause or permit the discharge of excreta or sewage, except in

designated pump-out stations or restroom facilities. It is unlawful to

fail to properly connect any inhabited improvements to a sewage

disposal system or sanitary sewer or to permit sewage seepage.

6. “Washing of Impervious Surfaces”. It is unlawful to discharge, cause

or permit the discharge of untreated wash water from the washing of

impervious surfaces.

7. “Wash Waters”. It is unlawful to discharge, cause or permit the

discharge of untreated wash water or the washing of any floor

coverings such as grates, mats or rugs from any commercial or

industrial sites or activities, including but not limited to, restaurants,

commercial fishing landings, gas stations, auto repair garages, or

from other types of automotive or repair facilities, into the stormwater

conveyance system or receiving waters.

8. “Irrigation Water Runoff”. It is unlawful to discharge, or cause or

permit the discharge of irrigation water, including recycled water

San Diego Unified Port District – Port Code

Section No. 10.05

Article 10 – Prohibitions

Section 10.05 – Page 3 of 3

used for irrigation, landscape irrigation, and lawn watering to the MS4

or receiving waters.

9. “Repair, Construction and Demolition Debris”. It is unlawful to deposit

or abandon waste or building material of any description that has

been generated during the repair, construction, or demolition of any

structure or vessel. Upon the completion of any repair, construction

or demolition, all Dischargers shall gather up and haul away all waste

of every nature and return the land to a condition equal to or better

than its original condition, at their sole cost and expense.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

San Diego Unified Port District – Port Code

Section No. 10.06

Article 10 – Best Management Practice Requirements Section 10.06 – Page 1 of 6

SECTION NO. 10.06 – BEST MANAGEMENT PRACTICE REQUIREMENTS

(a) “Applicability”. Every Person undertaking any activity or use of a premise or

facility which may cause or contribute to stormwater pollution, illicit

discharges, or non-stormwater discharges, shall comply with the BMP

guidelines or pollution control requirements as established by this Article

and the JRMP.

1. “Minimum BMPs for All Persons”. All Persons must install, implement

and maintain the following minimum BMPs.

a) Pollution Prevention BMPs. Stormwater pollution prevention

practices that are generally recognized in the applicable

industry or business as being effective and economically

sound or as described in the JRMP must be implemented.

b) Proper Use of Materials. All materials with the potential to

pollute urban runoff (including but not limited to cleaning and

maintenance products used outdoors, fertilizers, pesticides

and herbicides) shall be used in accordance with label

directions or material safety data sheets.

c) Storage of Materials and Waste. All materials and wastes with

the potential to discharge to the MS4 or receiving waters shall

be stored in a manner that either prevents

San Diego Unified Port District – Port Code

Section No. 10.06

Article 10 – Best Management Practice Requirements Section 10.06 – Page 2 of 6

contact with stormwater or contains contaminated runoff for

treatment and disposal.

2. “Minimum BMPs for All Facilities and Activities”. All facilities and/or

activities identified in this Subsection must implement and maintain

the BMPs applicable to that facility or activity as identified in the

JRMP, as required by the Executive Director, as required by

applicable NPDES Permits, as required by other state or federal law

or, for Priority Development Projects, the BMP Design Manual.

a) Commercial Facilities and Activities. Commercial facilities and

activities must meet the applicable requirements of this Article

and the JRMP. This includes, but is not limited to, compliance

with all prohibition requirements and minimum BMPs

specified in the JRMP for commercial activities.

b) Industrial Facilities and Activities. Facilities and activities

subject to the General Industrial Stormwater Permit must

install, implement and maintain any additional BMPs required

by that Permit in addition to the BMPs required in the JRMP.

c) Construction Activities. Construction activities must meet the

applicable requirements of this Article and the JRMP. This

includes, but is not limited to, compliance with all prohibition

requirements and minimum BMPs specified in the JRMP for

San Diego Unified Port District – Port Code

Section No. 10.06

Article 10 – Best Management Practice Requirements Section 10.06 – Page 3 of 6

construction activities. Those facilities and activities also

subject to the General Construction Stormwater Permit must

install, implement and maintain any additional BMPs required

by that permit and meet documentation, permit registration

and permit close-out requirements of that permit.

(b) “Maintenance of BMPs”. Every person undertaking any municipal,

construction, commercial or industrial activity, development, or any activity

or use of a facility shall maintain the BMPs necessary to achieve and

maintain compliance with this Article. The tenant(s) and operators of lands

on which treatment control BMPs, including but not limited to temporary and

post-construction BMPs, have been installed to meet the requirements of

this Article or the JRMP shall ensure the maintenance of those BMPs at all

times. Maintenance of a BMP may be transferred with the following

conditions.

1. The District or another public entity may accept responsibility for

maintenance of any BMP, under such conditions as the District or

other public entity determines are appropriate. Where a maintenance

obligation is proposed by a public entity other than the District, the

District shall be involved in the negotiations with that agency, and in

negotiations with the other agencies responsible for issuing permits

for the construction and/or maintenance of the BMP. In these

instances, the District must be identified as a third

San Diego Unified Port District – Port Code

Section No. 10.06

Article 10 – Best Management Practice Requirements Section 10.06 – Page 4 of 6

party beneficiary empowered to enforce any such maintenance

agreement.

2. Any Discharger who transfers ownership of a BMP or responsibility

for the maintenance of a BMP to another Discharger shall provide

written notice of the maintenance obligations associated with that

BMP to the District and any new or Additional responsible party prior

to that transfer. No transfer of ownership of a BMP or transfer of

maintenance responsibilities to a new responsible party may occur

without District approval and signed acknowledgements from all

parties involved with the transaction.

3. “Inspection, Repair and Upgrading of Treatment Control BMPs”. The

Discharger must regularly inspect any treatment control BMPs at

manned and unmanned facilities to verify that they are functioning as

designed. Inspections must be performed at least once a year. The

Discharger must repair any treatment control BMPs that fail as soon

as it is safe to do so. If the failure of such a BMP indicates that the

BMPs in use are inappropriate or inadequate to the circumstances,

the Discharger must modify or upgrade the BMPs to prevent any

further failure in the same or similar circumstances.

San Diego Unified Port District – Port Code

Section No. 10.06

Article 10 – Best Management Practice Requirements Section 10.06 – Page 5 of 6

4. “Documentation of BMP Maintenance and Inspection of Treatment

Control BMPs”. The Discharger must maintain inspection records

and documentation of routine maintenance and report of the

treatment control BMPs at their facility. Inspection records and

documentation of maintenance must be made available to the

District upon request.

Plan, or other plan is required, the Executive Director may require

consideration of District documents when determining which BMPs to

include in the proposed plan(s) to prevent or reduce pollution. Any person

required to prepare a SWPPP or Construction BMP Plan or other plan shall

install, implement and maintain the BMPs identified in the plan for the life of

the project or the duration of the pollutant generating activities. Such plans

may be required for:

1. “NPDES Permits”. Any Discharger that owns or operates industrial

facilities or activities subject to the General Industrial Stormwater

Permit shall prepare and maintain on site an up-to-date SWPPP as

required by the applicable NPDES Permit. Any Discharger that owns

or operates construction activities subject to the General

Construction Stormwater Permit shall prepare and maintain on site

San Diego Unified Port District – Port Code

Section No. 10.06

Article 10 – Best Management Practice Requirements Section 10.06 – Page 6 of 6

an up-to-date SWPPP as required by the applicable NPDES Permit.

2. “District Requirements”. In addition to any other authority provided in

this Article 10, the Executive Director may require any person to

prepare, submit and implement a SWPPP, Construction BMP Plan

or other plan if:

a) A person proposes to undertake any construction activities,

whether or not such activity is subject to the General

Construction Stormwater Permit;

b) A person does not come into compliance with this Article after

one or more warnings or other enforcement actions in

response to inadequate implementation or maintenance of

BMPs;

c) The facility or activity at issue is a source of pollutants to

receiving waters despite compliance with this Article; or

d) To ensure compliance with the MS4 Permit.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

(Amended October 9, 2018 – Ordinance No. 2931)

San Diego Unified Port District – Port Code

Section No. 10.07

Article 10 – Inspection and Maintenance of Stormwater Conveyance Laterals, Sewer Laterals and

On-Site Waste Water Systems Section 10.07 – Page 1 of 1

SECTION NO. 10.07 – INSPECTION AND MAINTENANCE OF STORMWATER

CONVEYANCE LATERALS, SEWER LATERALS AND ON-SITE WASTE WATER

SYSTEMS

(a) “Inspection and Maintenance of Stormwater Conveyance Laterals, Sewer

Laterals and On-site Wastewater Systems”. Stormwater conveyance

laterals shall be cleaned, maintained and replaced when necessary to

prevent seepage and spills. Sewer laterals shall be cleaned, maintained and

replaced when necessary to prevent seepage and spills. On-site

wastewater systems shall be pumped, maintained, and modified or

replaced when necessary to prevent spills.

1. “Spills”. Any spill or release from the failure of a stormwater

conveyance lateral, sewer lateral or on-site wastewater system shall

be contained and cleaned-up in a manner that minimizes any release

of pollutants.

2. “Damaged or Failed Systems”. Damaged or failed stormwater

conveyance laterals, sewer laterals or on-site wastewater systems

shall be repaired or replaced, after obtaining all required permits and

approvals;

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

San Diego Unified Port District – Port Code

Section No. 10.08

Article 10 – Monitoring and Reporting Requirements Section 10.08 – Page 1 of 3

SECTION NO. 10.08 – MONITORING AND REPORTING REQUIREMENTS

(a) “Applicability”. All Dischargers shall comply with this Section.

(b) “Reporting of Spills, Releases and Illicit Discharges”. The Discharger shall

report spills, releases, and illicit discharges to the stormwater conveyance

system or to receiving waters to the District upon discovery and as

otherwise required by applicable State and Federal laws, rules or

regulations. The Discharger shall provide copies to the District of any and

all communications between the Discharger and any other government

agency upon request. If safe to do so, the Discharger shall take immediate

action to contain and minimize the spill, release or illicit discharge.

shall make the results of such activities available to the District upon request

at the Discharger’s sole expense. Sampling, testing, monitoring, and

reporting may be required for:

1. “NPDES Permits”. Discharges subject to the General Industrial

Stormwater Permit and the General Construction Stormwater Permit

shall perform the sampling, testing, monitoring and reporting

required by the applicable NPDES Permit.

2. District Requirements. Whenever a SWPPP, Construction BMP or

other plan is required, the Executive Director may require the

Discharger to perform sampling, testing, monitoring and reporting.

San Diego Unified Port District – Port Code

Section No. 10.08

Article 10 – Monitoring and Reporting Requirements Section 10.08 – Page 2 of 3

3. “District Orders”. The Executive Director may order a Discharger to

conduct testing or monitoring and to report the results to the District

at the Discharger’s sole expense if:

a) The Executive Director determines that testing or monitoring

is needed to determine whether BMPs are effectively

preventing or reducing pollution in stormwater as required by

this Article, or to determine whether the facility is a significant

source of pollutants to receiving waters;

b) The Executive Director determines that testing or monitoring

is needed to assess the impacts of a spill or illicit discharge;

c) A spill or illicit discharge has not been eliminated after written

notice by the Executive Director;

d) Repeated violations have been documented by written

notices from the Executive Director; or

e) The RWQCB requires the District to provide any information

related to the Discharger's activities

(d) “Testing”. The Executive Director may determine the manner in which any

testing and monitoring must occur, and may determine when required

sampling, testing or monitoring may be discontinued. Testing and

monitoring ordered may include the following:

San Diego Unified Port District – Port Code

Section No. 10.08

Article 10 – Monitoring and Reporting Requirements Section 10.08 – Page 3 of 3

1. Visual monitoring of dry weather flows, wet weather erosion,

and/or BMPs;

2. Visual monitoring of premises for spills or discharges;

3. Laboratory analyses performed by a California State Certified

Laboratory of stormwater or non-stormwater discharges for

pollutants;

4. Background or baseline monitoring or analysis; and

5. Monitoring of receiving waters or sediments that may be

affected by pollutant discharges by the Discharger (or by a

group of Dischargers including the Discharger).

(e) “Reporting of Testing Results”. The Executive Director may determine the

manner in which the results of any testing and monitoring are reported.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

(Amended October 9, 2018 – Ordinance No. 2931)

San Diego Unified Port District – Port Code

Section No. 10.09

Article 10 – Development and Redevelopment Projects Section 10.09 – Page 1 of 4

SECTION NO. 10.09 – DEVELOPMENT AND REDEVELOPMENT PROJECTS

(a) “Applicability”. The following requirements are applicable to all development

and redevelopment activities.

(b) “Post-Construction BMP Requirements for all development projects”.

Development and redevelopment projects as defined in the BMP Design

Manual shall be designed to include and shall implement post-construction

BMPs consistent with the BMP Design Manual. Post-construction BMPs

must ensure that pollutants and runoff from the development will be reduced

to the MEP, will not significantly degrade receiving water quality, and will

not cause or contribute to an exceedance of receiving water quality

objectives.

of effective operation and maintenance of each approved treatment control

BMP by the Discharger is required to be submitted to the District at the

Discharger’s sole expense prior to each wet season.

(d) Any proposed alteration or construction activity to a development project

where post-construction BMPs had been previously installed must evaluate

whether the proposed alteration or construction activity will impact the

original design, intent, or pollutant removal effectiveness of the post-

construction BMP at the site. Any proposed impacts to post-construction

BMPs must be addressed either by replacement or upgrade

San Diego Unified Port District – Port Code

Section No. 10.09

Article 10 – Development and Redevelopment Projects Section 10.09 – Page 2 of 4

as required to meet the conditions of the development project approval, the

JRMP, or this Article.

(e) “Priority Development Projects”. Priority Development Projects are subject

to structural BMP requirements as defined in the BMP Design Manual. All

Priority Development Projects (including ministerial projects) shall be

designed using the methods described in the BMP Design Manual and shall

include all applicable studies and reviews required by the BMP Design

Manual.

1. “Priority Development Project BMP Requirements”. All priority

development projects shall implement the post-construction BMPs

unless they have provided a written determination, to the satisfaction

of the District that said BMPs are not applicable or feasible.

2. “Stormwater Quality Management Plan”. All Priority Development

Projects shall develop a SWQMP and submit the plan for the

District’s review and approval. The SWQMP must reflect the actual

constructed condition of the Priority Development Project.

3. “Priority Development Project BMP Requirements”. All Priority

Development Projects shall implement post-construction BMPs

consistent with the BMP Design Manual unless they have provided

San Diego Unified Port District – Port Code

Section No. 10.09

Article 10 – Development and Redevelopment Projects Section 10.09 – Page 3 of 4

a written determination, to the satisfaction of the District that said

BMPs are not applicable or feasible.

(f) “Post-Construction BMP Operations and Management Plan”. All

applications for a permit or approval associated with a development or

redevelopment project subject to structural treatment control must be

accompanied by a post-construction operations and management plan

specified by the District. The plan shall specify the manner in which the

applicant will implement the post-construction BMPs required by this Article.

(g) “Stormwater Management Plan Review Deposit”. The District may require

a monetary deposit to pay the estimated reasonable costs for the review of

any development or redevelopment project proposal for compliance with

this Section. Such a monetary deposit must be approved by the Board of

Port Commissioners prior to implementation.

(h) “Alternative Compliance for Priority Development Projects”. Pursuant to

Provision E.3.c.(3) of the MS4 Permit, the District may authorize the use of

off-site facilities and areas for stormwater management to supplement on-

site BMPs at Priority Development Projects as an alternative compliance

measure to meet post-construction BMP performance requirements. The

applicant must meet all the terms and conditions of the District alternative

compliance approval within the required timeframe.

San Diego Unified Port District – Port Code

Section No. 10.09

Article 10 – Development and Redevelopment Projects Section 10.09 – Page 4 of 4

(i) Waivers. Principal permits or approvals sought for a project otherwise

subject to this Section may be waived if the Executive Director determines

that compliance would be infeasible.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

San Diego Unified Port District – Port Code

Section No. 10.10

Article 10 – Other Acts and Omissions that are Violations Section 10.10 – Page 1 of 2

SECTION NO. 10.10 – OTHER ACTS AND OMISSIONS THAT ARE VIOLATIONS

The following acts and omissions are violations of this Article:

(a) “Causing, Permitting, Aiding or Abetting Non-Compliance”. It is unlawful to

cause, permit, aid or abet non-compliance with any part of this Article.

(b) “False Statements, Misrepresentation and Concealment”. It is unlawful to

make any false statement or misrepresentation to the District or its agents

concerning compliance with this Article. False statements or

misrepresentations may include, but are not limited to, any

misrepresentation in a voluntary disclosure, any submission of a report that

omits required material facts without disclosing such omission, and any

withholding of information required to be submitted by or pursuant to this

Article. It is unlawful to conceal a violation of this Article.

must be corrected as soon as practical or within the time period specified

by the Executive Director. Each day or part thereof that action necessary to

correct a violation is not initiated and diligently pursued is a separate

violation.

(d) “Continued Non-Compliance”. A separate violation may be considered to

have taken place for each day of non-compliance with this Article exists.

San Diego Unified Port District – Port Code

Section No. 10.10

Article 10 – Other Acts and Omissions that are Violations Section 10.10 – Page 2 of 2

(e) “Permits, Approvals and SWPPPs”. It is unlawful to fail to conform with an

applicable SWPPP, Construction BMP Plan or another plan required

pursuant to this Article or fail to comply with urban runoff-related provisions

in any other District permit or approval.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

(Amended October 9, 2018 – Ordinance No. 2931)

San Diego Unified Port District – Port Code

Section No. 10.11

Article 10 – Inspections Section 10.11 – Page 1 of 1

SECTION NO. 10.11 – INSPECTIONS

(a) “Authority to Inspect”. The Executive Director is authorized to inspect

activities and facilities, whether or not occupied, at reasonable times, in a

reasonable manner, and with reasonable notice to carry out the purposes

of this Article or any applicable statute, rule, code or regulation enforceable

by the District.

(b) “Scope of Inspections”. Inspections may include any and all actions

necessary to determine compliance with this Article. Inspections may

include, but may not be limited to sampling, taking measurements,

metering, and placing devices necessary to sample, monitor, meter, record,

visually inspect and review records. When samples are collected, the owner

or operator may request and receive split samples. Records, reports,

analyses, or other information required under this Article may be inspected

and copied, and photographs taken to document a condition and/or a

violation of this Article.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

San Diego Unified Port District – Port Code

Section No. 10.12

Article 10 – Enforcement Section 10.12 – Page 1 of 6

SECTION NO. 10.12 – ENFORCEMENT

Violations of this Article may be deemed a threat to public health, safety and

welfare, and the environment and are identified as public nuisances. The Executive

Director may enforce this Article and abate public nuisances in his or her discretion as

follows:

(a) “Administrative Authorities”. Written and/or verbal orders may be issued to

stop any action in violation of this Article or any applicable statute, rule, code

or regulation enforceable by the District, including but not limited to the

elimination of illicit discharges or the removal of illicit connections.

1. “Administrative Citation”. An Administrative Citation may be issued,

and civil penalties may be imposed pursuant to Section O. ll (i).

Administrative citations may be issued to discipline a Discharger for

violations of this article, to require abatement, corrective, remedial,

and/ or mitigation activities, including but not limited to any of those

listed in Section 10.06 or any applicable statute, rule, code or

regulation enforceable by the District. All required actions must be

performed within a reasonable period of time as determined by the

Executive Director. An Administrative Citation may also be issued to

abate any public nuisance created by or resulting from a violation of

this Article, including summary abatement. All costs to detect and

San Diego Unified Port District – Port Code

Section No. 10.12

Article 10 – Enforcement Section 10.12 – Page 2 of 6

abate any such public nuisance shall be borne by the violator and/ or

the tenant of the premises on which the public nuisance exists.

2. “Stop Work Orders”. Whenever any work is being done contrary to

the provisions of this Article, or any applicable statute, rule, code or

regulation enforceable by the District, the Executive Director may

order the work stopped by notice in writing, served on any person

performing the work or causing such work to be done, and any such

person shall immediately stop such work until authorized by the

Executive Director to proceed. Any challenge to the abatement costs

or the necessity of manner of abatement shall be resolved through

the hearing procedures in Section 0.11(i).

3. “Summary Abatement”. If the Executive Director determines that a

public nuisance exists and immediate action is necessary to

preserve or protect the public health or safety, the District may

summarily abate the nuisance by any reasonable means without

notice or hearing. Any challenge to the abatement costs or the

necessity or manner of abatement shall be resolved through the

hearing procedures in Section 0.11(i).

4. “Permit Suspension and Renovation”. Violations of this Article or any

applicable statute, rule, code or regulation enforceable by the District

may be grounds for suspension, revocation or modification

San Diego Unified Port District – Port Code

Section No. 10.12

Article 10 – Enforcement Section 10.12 – Page 3 of 6

of any permit, license or approval. Suspensions and revocations

shall occur in accordance with the hearing procedures in Section

0.11(i).

b. “Judicial Authorities”.

1. “Injunctive or Declaratory Relief”. Any violation of this Article or any

applicable statute, rule, code or regulation enforceable by the District

may be enforced by a judicial action for injunctive or declaratory

relief.

2. “Civil Penalties and Remedies”. The District may file actions in

Superior Court to enforce this Article or any applicable statute, rule,

code or regulation enforceable by the District, seeking civil penalties

and/or other remedies as provided in this Section and in Section

10.12. There is no requirement that administrative enforcement

authorities be used before such actions are filed.

3. “Criminal Arrest”. The assistance of a peace officer may be enlisted

to arrest violators as provided in California Penal Code, Ordinances

5, 5c, 5d of Title 3, Part 2 (or as amended) and/or a citation and

notice to appear as prescribed in Ordinance 5c of Title 3, Part 2 of

the Penal Code, including Section 853.6 (or as amended) may be

issued. There is no requirement that administrative enforcement

authorities be used before such actions are filed. The immunities

San Diego Unified Port District – Port Code

Section No. 10.12

Article 10 – Enforcement Section 10.12 – Page 4 of 6

prescribed in Section 836.5 of the Penal Code are applicable to the

Executive Director and his or her designees acting in the course and

scope of their employment pursuant to this Article.

a) “Administrative Penalties”. Administrative penalties may be

imposed pursuant to District Code Section 0.11(i). Any later-

enacted administrative penalty provision in the District Code

shall also be applicable to this Article, unless otherwise

provided therein.

b) “Criminal Penalties”. Criminal penalties may be imposed

pursuant to District Code Section 0.11.

1. Misdemeanor. Non-compliance with any part of this

Article constitutes a misdemeanor and may be

enforced and punished as prescribed in Section 0.11

and any other applicable statute, rule or regulation.

2. Infraction. The Executive Director may charge any

violation of this Article as an infraction at his or her

discretion. Infractions may be abated as a nuisance or

enforced and punished as prescribed in Section 0.11

and any other applicable statute, rule or regulation.

San Diego Unified Port District – Port Code

Section No. 10.12

Article 10 – Enforcement Section 10.12 – Page 5 of 6

c) “Civil Penalties”. The following may be awarded without

monetary limitation in any civil action, except where a

maximum monetary amount is specified.

1. Injunctive relief;

2. Costs to investigate, inspect, monitor, survey or litigate;

3. Costs to place or remove soils or erosion control

materials, to correct any violation, and to repair

environmental damage or to end any other adverse

effects of a violation;

4. Compensatory damages for losses to the District or

any other plaintiff caused by violations; and/or

restitution to third parties for losses caused by

violations;

5. Civil penalties in accordance with District Code Section

0.11(i); and

6. Attorney fees and court costs as permitted by law

d). Cost Recovery. The Executive Director may impose a

monetary penalty without limitation to recover the costs,

including staff time and materials, to investigate or monitor

San Diego Unified Port District – Port Code

Section No. 10.12

Article 10 – Enforcement Section 10.12 – Page 6 of 6

any violation of this Article.

e) Attorney Fees. In any action, administrative proceeding or

special proceeding to enforce this Article and abate a

nuisance, the prevailing party may recover attorney fees if, at

the initiation of the action or proceeding, the District elects to

seek recovery of its own attorneys' fees. In no event shall the

award of attorney fees to the prevailing party exceed the

amount of reasonable attorney fees incurred by the District in

the action or proceeding.

f) Penalties and Remedies Not Exclusive. Penalties and

remedies under this Article may be cumulative and in addition

to other administrative, civil, or criminal remedies.

(Enacted July 25, 2000 – Ordinance No. 2105)

(Amended December 11, 2007 – Ordinance No. 2475)

(Amended May 12, 2015 – Ordinance No. 2815)

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 1 of 7

ARTICLE 11

REGULATIONS OF NEWSRACKS ON PORT DISTRICT TIDELANDS

SECTION NO. 11.01 – FINDINGS AND PURPOSE

(a) The San Diego Unified Port District ("the District") makes the following

findings:

1. The uncontrolled proliferation, placement and maintenance of

Newsracks (as defined in Section 11.02 below) in public rights-of-

way presents an inconvenience and danger to the safety and welfare

of persons using such rights-of-way, including pedestrians, persons

entering and leaving vehicles and buildings, and persons performing

essential utility, traffic control and emergency services.

2. Newsracks which disseminate Publications so located as to cause

an inconvenience or danger to persons using public rights-of-way,

and unsightly Newsracks located therein, constitute public

nuisances.

3. Newsracks that are not reasonably maintained in a neat and clean

condition threaten the general welfare, including the aesthetic

appearance, of the public rights-of-way. Because the desirability of

the District as a place to visit and do business is partly dependent on

maintaining high quality views, such blight could have serious

economic consequences.

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 2 of 7

4. Without regulations, the placement of Newsracks may block

pedestrian access to the tidelands and other areas of the District.

Unregulated Newsracks may also decrease access to sidewalks,

poles, posts, traffic signs and signals, hydrants, mailboxes, and

locations used for public transportation purposes. This in turn can

lead to the deterioration of facilities or higher maintenance costs.

5. Unregulated Newsracks threaten public safety by presenting

hazards to both pedestrians and drivers.

6. Additional regulations specific to the North Embarcadero are

necessary to protect the public health and safety, general welfare

and aesthetics of the District, as well as the District's economic

investments. Specifically, the North Embarcadero area of the District

is undergoing redevelopment at a cost in excess of $28 million. The

revitalization plan envisions the North Embarcadero as San Diego's

"front porch" with a clear pedestrian orientation allowing for visitors

to celebrate the San Diego Bay. All structures are to be designed to

minimize blockage of views to the waterfront and must make

provisions for the continuity of public access. The specifics of the

plan call for: (1) development of access to the waterfront; (2) further

development of the already existing pedestrian promenade and bike

path; (3) development of hotels,

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 3 of 7

restaurant and entertainment facilities; and (4) development of a

home port cruise ship terminal including customs and immigration

facilities. The District has in some years received over 500,000

passengers annually just from cruise ships and has had over

900,000 visitors in total annually. With the redevelopment of the

North Embarcadero area, this number is expected to increase.

7. Aesthetics, pedestrian access, and safety can be controlled by

regulating the number, size, construction, placement, and

appearance of the Newsracks without limiting public access to the

Publications.

8. The locational requirements contained in these regulations do not

unreasonably restrict the dissemination of constitutionally protected

speech, including Publications. A sufficient and reasonable number

of alternative locations for the distribution of Publications are

provided for by these regulations. Of important note, these

regulations do not serve as a total prohibition on all Newsracks but

rather restrict the total number of Newsracks in certain designated

areas. Ample locations for Newsracks on District property remain

pursuant to these regulations, including in the redeveloped North

Embarcadero area. Prior to the enactment of these regulations,

many of the Newsracks placed on District property were not in use,

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 4 of 7

further evidencing that setting some limitations on the location and/or

numbers of Newsracks still provides for ample locations. Further,

Newsracks can be placed on property adjacent to District property,

and while the District encompasses approximately 2,500 acres of

waterfront property, its configuration as a narrow band around the

water means that Newsracks may be available in adjacent areas just

a short distance away. Finally, the Board of Port Commissioners

takes note of the proliferation of the news and other information on

the Internet, satellite television and direct television, and that these

various media also provide alternative avenues of communication.

The emergence of the Internet brings with it a virtually unlimited

additional source of news, and other information available to

interested persons in every community. Publications no longer have

to be physically located in a specific jurisdiction to be available in the

community.

9. The above findings establish that the unreasonable interference with

and obstruction of public rights-of-way by unregulated Newsracks is

injurious to public health, safety and welfare, offensive to the senses,

and such an obstruction of the free use of property as to interfere in

the comfortable enjoyment of life and property by the entire

community. The use of such public rights-of-

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 5 of 7

way is nevertheless so historically associated with the sale and

distribution of Publications that access to those areas for such

purposes should not be absolutely prohibited.

10. Rather, these strong and competing interests require a reasonable

accommodation, which can be satisfactorily achieved through the

means of this Article which is designed to accommodate such

interests regulating the time, place and manner of using Newsracks.

11. The Board of Port Commissioners in enacting this Ordinance does

hereby take legislative notice of the various decisions of the United

States Supreme Court including but not limited to, Los Angeles v.

Taxpayers For Vincent, 466 U.S. 789 (1984); Lakewood v. Plain

Dealer Publishing Co., 486 U.S. 750 (1988); City of Cincinnati v.

Discovery Network, Inc., 507 U.S. 410 (1993); Cox v. New

Hampshire, 312 U.S. 569 (1941); decisions of the Ninth Circuit

including Honolulu Weekly, Inc. v. Harris, 298 F.3d 1037 (9th Cir.

2002); decisions from other circuits including, Gold Coast

Publications, Inc. v. Corrigan, 42 F.3d 1336 (11th Ck. 1994); Sentinel

Communications Co, v. Watts, 936 F.2d 1189 (11th Cir. 1991);

Jacobsen v. Harris, 869 F.2d 1172 (8th Cir. 1989); Chicago

Observer, Inc. v. City of Chicago, 929 F.2d 325 (7th Cir. 1991); and

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 6 of 7

Globe Newspaper Co. v. Beacon Hill Architectural Comm'n, 100 F.3d

175 (1st Cir. 1996); decisions of the California Supreme Court

including, Kash Enterprises v. City of Los Angeles, 19 Cal.3d 294

(1977); and decisions from district courts including, Napa Valley

Publishing Co. v. City of Calistoga, 225 F.Supp.2d 1176 (N.D. Cal.

2002).

(b) The purpose of the Board of Port Commissioners in enacting this Ordinance

is to secure and promote the public health, safety, and welfare of persons

within the District in their use of Public rights-of-way through the regulation

of placement, appearance, number, size, and servicing of Newsracks on

the Public rights-of-way so as to:

1. Provide for pedestrian and driving safety and convenience;

2. Restrict the unreasonable interference with the flow of pedestrian or

vehicular traffic, including ingress to, or egress from, any place of

business, the street to the sidewalk, or any legally parked or stopped

vehicle;

3. Provide reasonable access for the use and maintenance of

sidewalks, poles, posts, traffic signs and signals, hydrants,

mailboxes, and similar appurtenances, and access to locations used

for public transportation purposes;

San Diego Unified Port District – Port Code

Section No. 11.01

Article 11 – Regulations of Newsracks on Port District Tidelands – Findings and Purpose

Section 11.01 – Page 7 of 7

4. Eliminate Newsracks that may result in a visual blight on the public

rights-of-way, or that may unreasonably detract from the aesthetics

of surrounding properties, adjacent businesses, store window

displays, adjacent landscaping and other improvements;

5. Maintain and protect the values of surrounding District tidelands;

6. Maintain and protect the investment in, and aesthetics of, the

revitalization plan for the North Embarcadero area;

7. Reduce exposure of the District to personal injury or property

damage claims and litigation; and

8. Protect the right to distribute Publications through Newsracks as

guaranteed by the United States and California Constitutions.

regulate, or interfere with the publication, circulation, distribution, or

dissemination of any material that is constitutionally protected.

(d) It is not the intent of these provisions to regulate the placement of

Newsracks on private property. It shall remain the responsibility of the

Permittee to determine the property lines and ensure Newsracks are placed

within the public rights-of-way in compliance with this Article.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.02

Article 11 – Definitions Section 11.02 – Page 1 of 5

SECTION NO. 11.02 – DEFINITIONS

For the purpose of this Article, unless the context clearly requires otherwise, the

words and phrases used herein shall have the following meanings:

"Class I" means class designation of District land as defined in the Port Master

Plan that applies to shoreline areas proposed for or developed by the District for public

recreational purposes.

"Class II" means class designation of District land as defined in the Port Master

Plan that applies to undeveloped shoreline property.

"Class III" means class designation of District land as defined in the Port Master

Plan that applies to leased, developed shoreline areas upon which private or public

investment has constructed commercial facilities, as well as the adjacent rights-of-way,

including sidewalks.

"Class IV" means class designation of District land as defined in the Port Master

Plan that applies to non-recreational areas developed with public or private funds to

accommodate industrial activities and sea or air transportation facilities.

"Combination Dispenser" means a common structure housing two or more

Newsracks and is subject to the same standards and regulations as a Newsrack, unless

otherwise stated in this Article.

"District Owned Shared Newsrack" means a single Newsrack housing more than

one publication and is subject to the same standards and regulations as a Newsrack,

unless otherwise stated in this Section. District Owned Shared Newsracks will initially

San Diego Unified Port District – Port Code

Section No. 11.02

Article 11 – Definitions Section 11.02 – Page 2 of 5

be placed in the North Embarcadero but may eventually be expanded to other areas of

the District.

"District Tidelands" means the tidelands administered by the District, as defined in

Harbors & Navigation Code, Appendix I.

"Driveway" means a path from motor vehicles leading from a street or road.

"Executive Director" means the Executive Director of the San Diego Unified Port

District or his or her designee.

"Hearing Officer" means Vice President of the District or other competent Person

with a background in law or the dissemination of Publications, as defined herein, retained

by the District to hear disputes on an as needed basis.

"Newsrack" means any self-service or coin-operated box, container, storage unit

or other dispenser that rests or projects, in whole or in part, in or upon any portion of a

Public Right-of- way, and is placed, used, or maintained for the display, distribution, or

sale of any Publication listed in the permit granted under this Article. Unless otherwise

stated in this Article, the term Newsrack includes Combination Dispenser, Newsrack

Cluster, and District Owned Shared Newsrack, and the same standards and regulations

shall apply to all Newsracks and any variant thereof.

"Newsstand" means a shop or open booth where any Publications are sold.

"Newsrack Cluster" means any combination Newsracks placed immediately

adjacent to each other and is subject to the same standards and regulations as a

Newsrack, unless otherwise stated in this Article.

San Diego Unified Port District – Port Code

Section No. 11.02

Article 11 – Definitions Section 11.02 – Page 3 of 5

"North Embarcadero" means the area bordered by Navy Pier on the south, “B”

Street Pier on the north; from the Bulkhead line at the “B” Pier, east 195ft. and from the

Bulkhead line at Navy Pier east 175ft. (as detailed in the attached exhibit).

"Parkway" means the area between the sidewalk and the curb of any street, and

where there is no sidewalk, the area between the edge of the Roadway and the property

line adjacent thereto. "Parkway" shall also include any area within a Roadway that is not

open to vehicular travel.

"Publications" means any printed work offered for sale or distribution including

but not limited to newspapers, news periodicals, magazines, periodicals, booklets,

brochures, leaflets, handbills, or other written material.

"Permittee" means the Person or entity who receives a permit to place, use, and

maintain A Newsrack on a Public right-of-way.

"Person" means any person or persons, or entity including, but not limited to, a

corporation, partnership, unincorporated association or joint venture.

"Port Master Plan" means the Master Plan adopted by the Board of Port

Commissioners in 1980, as modified and certified by the California Coastal Commission

in 1981, and as subsequently modified and/or amended.

"Public Right-of-way" means any place of any nature which is dedicated to use by

the public for pedestrian and vehicular travel, and includes, but is not limited to, a street,

sidewalk, curb, gutter, crossing, intersection. parkway, highway, alley, lane, mall,

San Diego Unified Port District – Port Code

Section No. 11.02

Article 11 – Definitions Section 11.02 – Page 4 of 5

court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge,

thoroughfare, park square, and any other similar public way.

"Roadway" means that part of a public right-of-way improved, designed, or

ordinarily used for vehicular travel.

"Sidewalk" means that part of a public right-of-way provided and ordinarily used

for the exclusive use of pedestrian travel.

"Street" means that part of a public right-of-way dedicated to public use for public

street purposes and shall include, but not be limited to, roadways, parkways, alleys and

Sidewalks.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.02

Article 11 – Definitions Section 11.02 – Page 5 of 5

San Diego Unified Port District – Port Code

Section No. 11.03

Article 11 – General Prohibitions Section 11.03 – Page 1 of 1

SECTION NO. 11.03 – GENERAL PROHIBITIONS

The placement, use, or maintenance of any Newsrack in violation of this Article is

prohibited, including all Newsracks that endanger the safety of persons or property, or fail

to comply with all permit conditions.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.03.5

Article 11 – Permit Issuance, Denial and Appeal Section 11.03.5 – Page 1 of 2

SECTION NO. 11.03.5 – PERMIT ISSUANCE, DENIAL, AND APPEAL

(a) A Person who proposes to place, use, or maintain a Newsrack in the Public

Right-of-way shall first obtain a permit for such Newsrack from the

Executive Director or his designee. The Executive Director shall charge a

Newsrack permit fee as necessary to offset the costs of the District for

establishing and administering the provisions of the ordinance. Any permit

issued shall be valid for up to one year and shall be renewable. Each

Newsrack in one location, or each placement of a Publication in a District

Owned Shared Newsrack shall require a separate permit.

(b) Upon a finding by the Executive Director that an application is complete,

accurate, and in compliance with this Article, a permit shall be issued. The

Executive Director shall decide to grant or deny a permit application within

seven (7) business days of receipt of a complete application as set forth in

Section 11.04. The Executive Director shall only grant a permit if he or she

finds that the application complies with each provision of this Article.

provide accurate and complete information. If a permit is denied, the

Executive Director shall give the applicant written notice by U.S. mail of the

specific cause for denial.

(d) Any Person affected by the Executive Director's decision to approve or deny

a permit application may appeal that decision to a Hearing Officer,

San Diego Unified Port District – Port Code

Section No. 11.03.5

Article 11 – Permit Issuance, Denial and Appeal Section 11.03.5 – Page 2 of 2

which shall hear the appeal. The Hearing Officer's review of the Executive

Director's decision shall be limited to the record before the Executive

Director, and no new evidence may be submitted. The Hearing Officer's

decision is final.

(e) Permits may not be transferred.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.04

Article 11 – Permit Application Section 11.04 – Page 1 of 2

SECTION NO. 11.04 – PERMIT APPLICATION

A Person seeking issuance of a permit pursuant to this Article shall file with the

Executive Director a written application on a form supplied by the District. The application

shall include:

(a) The name, address, and telephone number of the applicant;

(b) The name, address, and telephone number of the applicant or other

responsible Person whom the District may contact regarding the applicant's

Newsrack and to whom notices may be sent;

or site map, drawn to scale, showing the proposed location of the Newsrack

and the Sidewalk, Streets, and other adjacent improvements within twenty-

five (25) feet, including, but not limited to, buildings, building entrances,

Driveways, marked and unmarked crosswalks, traffic signals, street light

poles, fire hydrants, bus stops and bus benches, utility poles, telephones,

and existing Newsracks;

(d) The name of the Publication, the name of the distributor/publisher, and the

proposed frequency of publication;

(e) A fee as determined by the Executive Director to cover the costs;

(f) A hold harmless agreement as detailed in Section 11.09; and

San Diego Unified Port District – Port Code

Section No. 11.04

Article 11 – Permit Application Section 11.04 – Page 2 of 2

(g) Proof of Insurance as specified in Section 11.10.

The District will develop and set up a searchable, sortable database of

information about each Newsrack listed in a permit application. This

information is necessary to contact Permittees, conduct hearings, and

ensure compliance with the provisions of this Ordinance. Permittees are

required to update information supplied on their permit application within

thirty (30) calendar days of any changes thereto. The granting of permits

shall not be based in any way on the content of constitutionally-protected

speech.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.05

Article 11 – Location Restrictions on Newsracks Section 11.05 – Page 1 of 3

SECTION NO. 11.05 – LOCATION RESTRICTIONS ON NEWSRACKS

Any Newsrack that rests or projects in whole or in part, in, on or over any portion

of a Public Right-of-way shall be located in accordance with the following provisions:

(a) No Newsrack shall be placed, used, or maintained such that it rests or

projects in whole or in part in, on, or over any portion of any Roadway or

Street.

(b) No Newsrack shall be placed, used, or maintained such that it rests or

projects in whole or in part, in, on, or over any portion of a public Sidewalk

or Parkway, where such placement, use, or maintenance endangers the

safety of persons or property, or when such site or location is used for public

utility, public transportation purposes, or other governmental use, or when

such Newsrack unreasonably interferes with or impedes the flow of

pedestrian, wheelchair, or vehicular traffic, including any legally parked or

stopped vehicle, or the use of poles, posts, traffic signs or signals, fire

hydrants, mailboxes, or other objects permitted at or near such location, or

when such Newsrack interferes with the cleaning of any Sidewalk by the

use of mechanical sidewalk cleaning.

1. Five (5) feet of any marked or unmarked crosswalk; the outer edge

of any bus bench; fire hydrant, fire sprinklers connection, fire call box,

police call box, or other emergency facility; any ramp intended

San Diego Unified Port District – Port Code

Section No. 11.05

Article 11 – Location Restrictions on Newsracks Section 11.05 – Page 2 of 3

for use by disabled persons; any curb painted blue pursuant to

provisions of California Vehicle Code § 21458; any Sidewalk

obstruction, which includes but is not limited to traffic signals,

streetlights, trees, sign posts, and telephone or utility poles.

2. One (1) foot of any area improved with lawn, flowers, shrubs, trees,

or other landscaping.

3. Five (5) feet ahead of or forty-five (45) feet to the rear of any sign

marking a designated bus stop.

4. Ten (10) feet of any Driveway.

5. One hundred (100) feet of any other Newsrack on the same side of

the Street containing the same issue or edition of the same

Publication.

6. Five (5) feet of the entrance or exit to any building.

7. Five (5) feet of any window that abuts a Sidewalk, or otherwise

located so as to interfere or impede the reasonable use of such

window for display purposes.

8. One hundred (100) feet of the entrance to any public gathering place

where queuing of pedestrian traffic regularly occurs. Such locations

shall include but are not limited to ticket booths and theater

entrances.

San Diego Unified Port District – Port Code

Section No. 11.05

Article 11 – Location Restrictions on Newsracks Section 11.05 – Page 3 of 3

(d) No Newsrack shall be chained, bolted, or otherwise affixed to any property

or permanently fixed object not owned by the owner of the Newsrack without

the written permission of the Executive Director.

(e) All Newsracks should be placed, used, or maintained at the edge of the

Sidewalk or pedestrian way farthest from the curb or Roadway (if any).

(f) No Newsrack shall be located more than twelve (12) inches from the edge

of the Sidewalk. Newsracks placed adjacent to the wall of a building shall

be placed parallel to such wall and not more than six (6) inches from the

wall. For Newsracks that must be placed at the edge of the Sidewalk closest

to the road due to an impossibility to comply with (e) above, they shall be

placed not less than twelve (12) inches nor more than twenty-four (24)

inches from the edge.

(g) No Newsrack shall be placed or maintained on a Sidewalk or opposite a

Newsstand or another Newsrack.

(h) All Newsracks shall be located and maintained facing inward toward the

centerline of the Public Right-of-way.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.06

Article 11 – Newsrack Clusters Section 11.06 – Page 1 of 1

SECTION NO. 11.06 – NEWSRACK CLUSTERS

(a) Not more than three (3) Newsracks shall be placed immediately adjacent to

each other, so as to constitute a Newsrack Cluster, whether chained,

otherwise attached, or freestanding. Any such Newsrack Cluster of up to

three (3) Newsracks shall be separated by a space of not less than 36

inches from any other individual Newsrack or Newsrack Cluster.

(b) Notwithstanding Section 11.06(a), the Executive Director may issue a

Newsrack permit allowing the placement of in excess of three (3)

immediately adjacent Newsracks following written findings that:

1. The extended Newsrack Cluster will preserve adequate space in the

Public Rights-of-way for the safe flow of pedestrian traffic.

2. The extended Newsrack Cluster will otherwise comply with all

provisions of this Article.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.07

Article 11 – Standards for Maintenance and Placement Section 11.07 – Page 1 of 3

SECTION NO. 11.07 – STANDARDS FOR MAINTENANCE AND PLACEMENT

Any Newsrack that rests or projects in whole or in part, in, on, or over any portion

of a Public Right-of-way shall be located in accordance with the following provisions:

(a) No Newsrack shall exceed fifty-four (54) inches in height, thirty (30) inches

in width, or twenty-four (24) inches in depth overall including any pedestal

or base and any coin mechanism.

(b) No Newsrack or Combination Dispenser shall weigh, in the aggregate, in

excess of one hundred twenty-five (125) pounds when empty.

advertising signs or publicity purposes other than that dealing with the

display, sale, or purchase of the Publication distributed or sold therein.

(d) Each coin-operated Newsrack shall be equipped with a coin-return

mechanism to permit a Person using the machine to secure an immediate

refund in the event the Person is unable to receive the paid for Publication.

The coin-return mechanism shall be maintained in good working order.

(e) Each Newsrack shall have affixed to it in a readily visible place so as to be

seen by anyone using the Newsrack, a notice setting forth the name,

address, and permit number of the Permittee or responsible Person and the

current working telephone number of a working telephone service to call to

report a malfunction, or to secure a refund in the event of a

San Diego Unified Port District – Port Code

Section No. 11.07

Article 11 – Standards for Maintenance and Placement Section 11.07 – Page 2 of 3

malfunction of the coin-return mechanism, or to give the notices provided

for in this Article.

(f) Each Newsrack shall only contain current editions of the Publication(s) for

which the permit was issued.

(g) Each Newsrack shall have a door, covering, and/or other appropriate

device(s) preventing the Publications therein from getting wet and/or falling

out due to rain, wind, or similar environmental conditions.

(h) Each Newsrack shall be placed so as to be stable and maintained in a neat

and clean condition and in good repair at all times. Specifically, but without

limiting the generality of the foregoing, each Newsrack shall be serviced and

maintained so that:

1. It is reasonably free of dirt and grease; chipped, faded, peeling and

cracked paint in the visible painted areas thereon; and rust and

corrosion in the visible unpainted metal areas thereon.

2. It is reasonably free of graffiti. The Permittee shall be required to

remove graffiti on any Newsrack within a reasonable period of time,

but not to exceed three (3) business days, of oral or written

notification by the District of the existence of the graffiti. If the graffiti

is not removed within that time, the distributor is deemed to have

given the District authority to remove the graffiti at the Permittee's

expense.

San Diego Unified Port District – Port Code

Section No. 11.07

Article 11 – Standards for Maintenance and Placement Section 11.07 – Page 3 of 3

3. The clear plastic or glass parts thereof, if any, through which the

Publications therein are viewed are unbroken and reasonably free of

cracks, dents, blemishes and discoloration.

4. The paper or cardboard parts or inserts thereof are reasonably free

of tears, pealing or fading.

5. The structural parts thereof are not broken or unduly misshapen. A

maintenance log documenting the Permittee's inspection of each

Newsrack shall be maintained by the Permittee and be available for

inspection upon request of the District.

a) Drop-in type anchor bolts may be used to secure Newsracks

to the Public Rights-of-way in exceptional circumstances as

an exception to section 11.05(d), at the discretion of the

Executive Director.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.07.5

Article 11 – Standards for Removal of Newsracks Section 11.07.5 – Page 1 of 1

SECTION NO. 11.07.5 – STANDARDS FOR REMOVAL OF NEWSRACKS

If a Newsrack is found in violation of any provisions of Article 11, notice will be

given to the Permittee or responsible Person to correct the violation within ten (10)

business days. Failure to conform to the provisions of Article 11 shall be cause for removal

of a Newsrack. If the Executive Director or their designee concludes that the Newsrack

poses an immediate threat to the safety or welfare of the public, or correction of the

violation has not occurred within ten (10) business days of notice, the Newsrack may be

immediately removed by the District. Upon removal of any Newsrack, the Permittee or

responsible Person shall eliminate any potential hazards to the public, such as bolts,

brackets, or holes, and shall restore any disturbed area of the Public Right-of-way to the

same or reasonably similar condition as any adjoining Public Right-of-way by removing

any protrusions, cleaning the cavity of debris, filling the cavity with high strength epoxy or

grout to meet the elevation of the adjoining Public Right-of-way, and avoiding potential

depressions by taking into account shrinkage and settlement of the new material. The

Public Right-of-way shall be level and free of protrusions or depressions. The Permittee

or responsible Person shall match as closely as reasonably possible the color, texture,

and material of any adjoining Public Right-of-way surface. Permittee shall also reimburse

District for all reasonable costs associated with removal of non-conforming Newsracks.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.08

Article 11 – Additional Standards for the North Embarcadero Area

Section 11.08 – Page 1 of 3

SECTION NO. 11.08 – ADDITIONAL STANDARDS FOR THE NORTH

EMBARCADERO AREA

The following additional standards apply to the North Embarcadero area:

(a) Only District Owned Shared Newsracks shall be placed in the North

Embarcadero. The size, number, composition, and location standards shall

be posted on the District's website and available in the District Clerk's

Office.

(b) Space within the Newsracks shall be allocated in accordance with this

section as follows:

1. An interested Publication or distributor of multiple Publications can

apply for one opening in District Owned Shared Newsrack.

2. Limited space within the District Owned Shared Newsrack shall be

allocated by frequency of Publication and each District Owned

Shared Newsrack will be partitioned as follows. As determined by the

Executive Director, a certain amount of spaces will be allocated to

daily Publications, to weekly Publications, and to less frequent

Publications. For purposes of this Article, "Daily" means a Publication

of approximately five (5) new editions per week; "Weekly" means no

fewer than four new editions per month; "Monthly" means no fewer

than one new edition per month; "Quarterly" means no fewer than

four new editions per year; "Semi-

San Diego Unified Port District – Port Code

Section No. 11.08

Article 11 – Additional Standards for the North Embarcadero Area

Section 11.08 – Page 2 of 3

annual" means no fewer than two new editions per year; and

"Annual" means no fewer than one new edition per year. District

Owned Shared Newsracks shall be categorized by the lowest

frequency of any Publication therein.

3. If the number of applications for a particular frequency is less than

the spaces available, the Executive Director will allow the next

highest frequency to apply for that space. If space still remains, an

interested party may apply for more than one space within a specified

District Owned Shared Newsrack.

4. If the number of applications exceeds the number of spaces

available, then Executive Director will hold a lottery to allocate the

available spaces within each frequency of Publication category.

5. The District will adopt this lottery policy as deemed necessary by the

Executive Director. The policy will be based on a lottery consisting of

a random drawing or drawings awarding spaces to interested

applicants within a Daily, Weekly, Monthly, Quarterly, Semi-annual,

or Annual frequency of Publication category as defined above.

6. If a Person or Permittee believes the result of a lottery or the

Executive Director's decision on a matter is contrary to the

San Diego Unified Port District – Port Code

Section No. 11.08

Article 11 – Additional Standards for the North Embarcadero Area

Section 11.08 – Page 3 of 3

provisions of this Ordinance, they may request a hearing pursuant to

Section 11.13.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.08.5

Article 11 – Location of Newsracks in Class Areas I-IV Section 11.08.5 – Page 1 of 1

SECTION NO. 11.08.5 – LOCATION OF NEWSRACKS IN CLASS AREAS I-IV

The Port Master Plan provides Class Areas I through IV designation for all land

within its jurisdiction and in addition to the location and placement standards discussed

in this Article the following requirements by Class area shall apply:

(a) Newsracks may be located in Class I, III and IV areas so long as the location

and placement of the Newsracks comply with all other provisions of this

Article.

(b) No Newsracks shall be located in areas designated as a Class II area.

Newsracks in these areas would introduce foreign objects into undeveloped

open space as well as encourage people to enter protected areas that may

carry restricted access.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.09

Article 11 – Indemnification Requirement Section 11.09 – Page 1 of 1

SECTION NO. 11.09 – INDEMNIFICATION REQUIREMENT

An application for a permit shall include a hold harmless agreement in substantial

compliance with this Section which must be executed by the Permittee prior to the

issuance of any permit under this Article. The Permittee shall, in a written statement in a

form approved by the Port Attorney, agree to the fullest extent provided by law to defend,

indemnify, and hold harmless the District, its officers, employees, agents, and

representatives, for any and all loss, claim, demand, liability, or damage, including

expenses and costs, for bodily or personal injury, and for property damage sustained by

any Person as a result of the placement, use and/or maintenance of a Newsrack within

the District, except for acts by third parties out of the control of Permittee or for claims or

litigation arising through the sole negligence or willful misconduct of the District. This

indemnity obligation shall apply for the entire time that any third party can make a claim

against or sue the District for liabilities arising out of Permittee's placement, use, and

maintenance of Newsracks pursuant to this Article.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.10

Article 11 – Insurance Requirements Section 11.10 – Page 1 of 2

SECTION NO. 11.10 – INSURANCE REQUIREMENTS

(a) As a condition of any permit under this Article, the Permittee shall within ten

(10) business days of the approval of the permit, but prior to the placement,

use, or maintenance of any Newsrack, obtain and maintain at all times

during the term of any permit approved under this Article, and at all times

Permittee's Newsrack remains on any portion of the Rights-of-way, the

following: Commercial Liability Insurance subject to the reasonable

requirements of the District's Risk Management Department and approval

by the Port Attorney and in substantial conformance with this section,

covering any liability arising from or connected with, or caused or claimed

to be caused by, any Newsrack for which the Permittee is responsible and

any Newsrack owned by or attributable to Permittee, in a reasonable and

sufficient amount, as determined by the District's Risk Management

Department, to cover the risks associated with the Newsrack(s). No

Newsrack may be placed, used, or maintained until Permittee provides the

Executive Director with proof of the requisite insurance, including any

endorsements. The policies required by Section 11.10(a) shall be endorsed

to include the District as an additional insured.

(b) If any of the insurance policies required by this Section are written on a

"claims made" basis, then at the termination, Permittee shall at its own

San Diego Unified Port District – Port Code

Section No. 11.10

Article 11 – Insurance Requirements Section 11.10 – Page 2 of 2

expense, obtain "tail" or continuing coverage as to such policies for a period

of not less than four (4) years.

shall include a statement by the insurance carrier(s) that such carrier(s) will

give the District thirty (30) calendar days' notice before canceling any

insurance policy.

(d) All coverages under this Section shall be effective as of the effective date

of placement.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.11

Article 11 – Damage to District Property Section 11.11 – Page 1 of 1

SECTION NO. 11.11 – DAMAGE TO DISTRICT PROPERTY

Damage to public property resulting from the placement, use, or maintenance of a

Newsrack shall be repaired immediately by and at the expense of the Persons directing,

managing, or accomplishing the placement, use, or maintenance. Failure of the Permittee

or responsible Person to make the required repairs shall result in the District's forced

undertaking to make such repairs. The cost of forced repairs undertaken by the District

shall be chargeable as a civil debt to the Permittee or responsible Person, and may be

collected by the District in the same manner as it collects any other civil debt or obligation.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.12

Article 11 – Nonconforming Newsracks Section 11.12 – Page 1 of 1

SECTION NO. 11.12 – NONCONFORMING NEWSRACKS

Commencing one hundred twenty (120) calendar days after Article 11 regulating

Newsracks on District Tidelands becomes effective, any Newsrack in violation of any

provision of this Article will be deemed a nonconforming Newsrack and subject to the

enforcement procedures set forth in these regulations, including seizure and removal.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.13

Article 11 – Enforcement; Violations; Hearings Section 11.13 – Page 1 of 4

SECTION NO. 11.13 – ENFORCEMENT; VIOLATIONS; HEARINGS

(a) The District will implement a systematic field enforcement program to

ensure compliance with the provisions of the Ordinance.

(b) Any Newsrack in violation of this Article may be seized and removed

pursuant to Section 11.13(b). Before any Newsrack is seized (except under

the circumstances set forth in Section 11.3(d) below, the Permittee and/or

Person responsible for its placement and maintenance shall be given a

notice of violation which provides ten (10) business days in which to remedy

the violation or to request a hearing to contest the seizure and removal.

Notice to the party responsible for the Newsrack shall be given by written

notice sent to the address provided in the permit application, and an

additional notice tag shall be affixed to the Newsrack on the date of notice.

The latter notice shall be sufficient if no identification is shown on the

Newsrack and no permit application has been filed. Both the notice sent to

the address stated on the permit application and the additional notice tag

affixed to the Newsrack shall state the place to request a hearing to contest

the seizure removal pursuant to this Section.

may request a hearing. The hearing shall take place within thirty (30)

calendar days of the request and shall be conducted by a Hearing Officer.

The hearing shall be informal, but oral and written evidence may

San Diego Unified Port District – Port Code

Section No. 11.13

Article 11 – Enforcement; Violations; Hearings Section 11.13 – Page 2 of 4

be given by both sides. Any action by the District with respect to the alleged

violation shall be stayed pending the Hearing Officer's decision following

the hearing, which decision shall be rendered no later than ten (10)

business days after the hearing. The Hearing Officer may give oral notice

of the decision at the close of the hearing but shall give written notice of all

decisions as well. Failure to render the decision within ten (10) business

days shall not affect the validity of such decision. If the notice of violation is

not vacated, the Permittee or Person or entity responsible for the Newsrack

shall comply with the notice within ten (10) business days of issuance of the

written decision. Failure to comply shall result in seizure and removal of the

Newsrack.

(d) The District may seize and remove a Newsrack if the Permittee or Person

responsible for such Newsrack has: (i) neither requested a hearing before

the Hearing Officer, nor remedied the violation within ten (10) business days

following the date of notice; or (ii) following a hearing conducted pursuant

to Sections 11.13(b) & (c), has failed to remedy the violation within ten (10)

business days after receiving a copy of the written decision that the

Newsrack is in violation of this Article. Such Permittee or responsible

Person shall be notified of the seizure. Seized Newsracks shall be retained

by the District and may be recovered by the responsible party for a period

of at least ten (10) business days following the seizure.

San Diego Unified Port District – Port Code

Section No. 11.13

Article 11 – Enforcement; Violations; Hearings Section 11.13 – Page 3 of 4

(e) Notwithstanding the provisions of Section 11.13(a)-(c), if a Newsrack is

located, placed or maintained in such a place or manner as to pose an

immediate and serious threat to the health safety or welfare of the public,

the District may seize and remove such Newsracks without prior notice to

the party responsible for such Newsrack. Notice shall be given to the

responsible party within ten (10) business days of seizing the Newsrack.

Such notice shall state the reasons for removal, the location and procedure

for claiming the Newsrack, and the procedure for obtaining a post-removal

hearing. If the party responsible for the Newsrack chooses to forego a post-

removal hearing, he or she may take possession of the seized Newsrack

upon payment of all costs incurred by the District for removal and storage

of the Newsrack, and a civil penalty in the amount necessary to cover

administrative costs involved in the removal and storage of the Newsrack.

If the Permittee or responsible Person fails to pay such penalty, the

Newsrack in question shall be deemed to be unclaimed property and may

be disposed of accordingly. If the responsible party for the Newsrack

requests a post-removal hearing, it shall be conducted pursuant to the

procedures set forth in Section 11.13(b). If the decision upholds the seizure,

the Permittee or responsible Person may take possession of the seized

Newsrack upon payment of all costs incurred by the District for removal and

storage of the Newsrack and

San Diego Unified Port District – Port Code

Section No. 11.13

Article 11 – Enforcement; Violations; Hearings Section 11.13 – Page 4 of 4

a civil penalty in the amount necessary to cover all administrative costs

involved in the removal and storage of the Newsrack and the hearing

process. If a Permittee or responsible Person fails to pay such penalty, the

Newsrack in question shall be deemed to be unclaimed property and may

be disposed of accordingly. If the decision determines that the seizure was

not in accordance with the provisions of this Section, the Executive Director

shall provide for the return of the Newsrack to the location from which it was

seized.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.14

Article 11 – Abandonment Section 11.14 – Page 1 of 1

SECTION NO. 11.14 – ABANDONMENT

In the event that a Newsrack is unused for a period of sixty (60) continuous

calendar days, notice shall be given to the Permittee or responsible Person. The

Permittee shall inform the District in writing within ten (10) business days of receiving

notice that they intend to continue use of the Newsrack, and the Newsrack will not be

considered abandoned. If the Permittee or responsible Person no longer wishes to use

the Newsrack, it shall be considered abandoned, and the District may thereupon give

notice to the Permittee or responsible Person to remove the Newsrack. Such notice shall

inform the Permittee or responsible Person for the Newsrack that if the Newsrack is not

removed or again placed in use as a Newsrack within ten (10) business days of the notice,

the District may remove and impound the Newsrack. The Permittee or responsible Person

may take possession of an impounded Newsrack upon payment of all costs incurred by

the District, and a civil penalty in the amount necessary to cover all administrative costs

incurred in the removal and storage of the Newsrack within ten (10) business days of

impoundment by the District. If the Permittee or responsible Person for the Newsrack fails

to make such payment within ten (10) business days, the Newsrack in question shall be

deemed to be unclaimed property and may be disposed of accordingly.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.15

Article 11 – Permit Fees Section 11.15 – Page 1 of 1

SECTION NO. 11.15 – PERMIT FEES

All Newsracks require the timely payment of an annual permit fee as set forth by

the District Executive Director.

(a) The permit fee shall be sufficient to recover the costs of processing

the permit application and enforcing permit requirements.

(b) A separate permit fee applies to Newsracks located in the North

Embarcadero area. This fee shall be sufficient to recover costs

associated with processing the permit application, enforcing permit

requirements, and administering the lottery.

administrative costs.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 11.17

Article 11 – Severability Section 11.17 – Page 1 of 1

SECTION NO. 11.17 – SEVERABILITY

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any

reason held to be invalid or unconstitutional by a decision of any court of competent

jurisdiction, such decision shall not affect the validity of the remaining portions of this

Ordinance. The District hereby declares that it would have passed this Ordinance and

each and every section, subsection, sentence, clause, or phrase not declared invalid or

unconstitutional, without regard to whether any portion of the ordinance would be

subsequently declared invalid or unconstitutional.

(Enacted February 12, 2013 – Ordinance No. 2704)

San Diego Unified Port District – Port Code

Section No. 12.01

Article 12 – Required Reporting of Utility Use on Tidelands – Title, Purpose and Intent

Section 12.01 – Page 1 of 1

ARTICLE 12

REQUIRED REPORTING OF UTILITY USE ON TIDELANDS

SECTION NO. 12.01 – TITLE PURPOSE AND INTENT

This Chapter may be referred to as the Required Reporting of Utility Use on

Tidelands Ordinance.

To encourage efficient use of Utilities and allow the District to track progress

towards its CAP goals, this Section requires Utility Account Holders within the District to

report Utility Usage data using the Data Collection System from which the District shall

receive only aggregated data and not individual Utility Account Holder data.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 12.02

Article 12 – Definitions Section 12.02 – Page 1 of 2

SECTION NO. 12.02 - DEFINITIONS

For purposes of this Section, the following terms shall have the following

meanings:

1. “Aggregated Data” means any data which combines reported Utility Use

data from at least three Utility Accounts and from which individual Utility

Account usage data cannot be discovered.

2. “Compliance Data” means data sufficient to determine a Utility Account

Holder’s compliance with this Section (e.g., whether a Utility Account Holder

reported required data fields and Utility usage data, but not the amount of

Utility usage reported).

3. “Data Aggregator” means a person or entity, separate from the District and

not an employee of the District, which is retained to receive Utility Account

Holder data and other data fields from the Data Collection System and

provide the District with Aggregated Data and Compliance Data, and

provide data to an Independent Auditor in accordance with Section 12.04.

The Data Aggregator shall be retained as follows:

a) by the San Diego Port Tenants Association in accordance with a

Memorandum of Understanding with the District, or

b) directly by the District, but only if no retention under subsection (1) is

made by March 1, 2016 or if a retention under subsection (1) is

San Diego Unified Port District – Port Code

Section No. 12.02

Article 12 – Definitions Section 12.02 – Page 2 of 2

subsequently terminated, and then only until such time as a retention

under subsection (1) is made.

4. “Data Collection System” means Environmental Protection Agency

ENERGY STAR® Portfolio Manager® or a comparable online tool used for

managing facility data that is selected by the District.

5. “Executive Director” means the Executive Director of the District or his or

her designee.

6. “Independent Auditor” means a person or entity, separate from the District

and not an employee of the District, selected by District to conduct an

independent audit in accordance with Section 12.04.

7. "Utilities" or “Utility” means electricity, natural gas, steam, heating oil, water,

other product, or renewable on-site electricity generation used for the

purposes of providing heat, cooling, lighting, water heating, or for powering

or fueling other end-uses in a building, property or facility.

8. “Utility Account Holder” means an entity or person, as defined by California

Public Resources Code Section 25116 or any successor legislation, who

has an account with any provider of Utilities that is separately metered.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 12.03

Article 12 – Required Reporting of Utility Usage Data Section 12.03 – Page 1 of 2

SECTION NO. 12.03 – REQUIRED REPORTING OF UTILITY USAGE DATA

(a) Beginning on March 1 each year (August 1, 2016 for the first year), all Utility

Account Holders within the District shall utilize the Data Collection System

to: (1) complete a profile and input all data fields required by the District as

determined by the Executive Director, to include, but is not limited to,

property information and property use details; and, for those Utility Account

Holders that are Direct Access customers, documentation of emissions

factors for energy procured outside of SDG&E; and (2) report all monthly

Utility usage for all meters for the preceding calendar year by granting

permission to all of its Utility providers to report Utility usage data directly to

the Data Collection System where such process is available, and, for any

Utility provider for which direct reporting is not available, Utility Account

Holder shall enter such Utility usage directly into the Data Collection

System.

(b) On or before April 1 of each year (September 1, 2016, for the first year), all

Utility Account Holders within the District shall respond to external data

requests through the Data Collection System to the Data Aggregator

allowing the Data Aggregator to receive all requested data from the Data

Collection System.

requested by the District but shall not, in any event, disclose individual

San Diego Unified Port District – Port Code

Section No. 12.03

Article 12 – Required Reporting of Utility Usage Data Section 12.03 – Page 2 of 2

Utility Account Holder data to the District. The District shall make such

Aggregated Data publicly available within sixty (60) days.

(d) Data Aggregator shall report any Compliance Data to the District as

requested by the District.

(e) Data Aggregator shall not disclose any individual Utility Account Holder data

to anyone except, pursuant to an independent audit in accordance with

Section 12.04, Data Aggregator shall disclose all data for the Utility Account

Holder being audited to the Independent Auditor for the time period of the

independent audit.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 12.04

Article 12 – Independent Third Party Audits Section 12.04 – Page 1 of 2

SECTION NO. 12.04 – INDEPENDENT THIRD PARTY AUDITS

(a) To confirm the accuracy of Utility Usage data reporting and to verify

compliance with this Section, the Port Auditor shall have the authority to

have an independent audit conducted of any Utility Account Holder’s

compliance with this Section.

(b) If the Port Auditor chooses to have an independent audit conducted, the

Port Auditor shall notify the Utility Account Holder of the audit and the time

period covered by the audit and shall identify the Independent Auditor.

requested by Independent Auditor to verify all reported Utility Usage data

for the time period covered by the audit. Such documents shall not be

disclosed by the Independent Auditor to the District.

(d) Independent Auditor shall report to the District whether Utility Account

Holder has accurately reported data. Independent Auditor shall provide

audit findings to the District as requested. However, the audit findings shall

not disclose individual Utility Account Holder data to the District. For

example, only, an audit finding may be that water usage was underreported

by 1000 gallons, but shall not disclose that reported usage was 15,000

gallons when actual usage was 16,000 gallons.

(e) If Independent Auditor determines that Utility Account Holder failed to

accurately report any Utility Usage data with a discrepancy amount that is

San Diego Unified Port District – Port Code

Section No. 12.04

Article 12 – Independent Third Party Audits Section 12.04 – Page 2 of 2

5 percent of the accurate usage or greater, Utility Account Holder shall pay

the District for the full cost of the third party audit within 30 days of the Utility

Account Holder receiving invoice from the District. However, a Utility

Account Holder shall not be responsible for audit costs to the extent that the

inaccurate reporting was made by a Utility provider directly to the Data

Collection System through no fault of Utility Account Holder.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 12.05

Article 12 – Implementation Section 12.05 – Page 1 of 1

SECTION NO. 12.05 – IMPLEMENTATION

(a) The Executive Director may adopt rules and procedures for the

implementation of this Section.

(b) The Executive Director may modify or suspend the requirements of this

Section if:

1. The State of California or Federal government adopts a similar or

more comprehensive Utility performance rating or reporting program,

and such program requires comprehensive rating and/or reporting;

or,

2. The Executive Director makes the finding that a technological

deficiency related to the Data Collection System or Data Aggregator

precludes compliance with this Section. Such modification or

suspension may be lifted in full or part upon the finding that any such

deficiency has been corrected.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 12.06

Article 12 – Notice and Cure Period and Administrative Penalties Section 12.06 – Page 1 of 1

SECTION NO. 12.06 – NOTICE AND CURE PERIOD AND ADMINISTRATIVE

PENALTIES

If the District determines that a Utility Account Holder has failed to comply with this

Section, it shall provide written notice to the Utility Account Holder identifying the

compliance issues. Utility Account Holder shall have 30 days from the date of the notice

to cure all compliance issues and respond to any required additional external data

requests through the Data Collection System to the Data Aggregator allowing the Data

Aggregator to receive all requested data from the Data Collection System. In the event

that Utility Account Holder fails to cure within the time period allowed, in addition to, and

without limiting any other remedies available to the District, Administrative Penalties may

be imposed pursuant to District Code Section 0.11(i). Any later-enacted administrative

penalty provision in the District Code shall also be applicable to this Article, unless

otherwise provided therein. In no event shall failure to comply with this Article constitute

a default under an existing District tenant’s lease unless the District tenant’s lease

expressly provides otherwise.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 12.07

Article 12 – Miscellaneous Section 12.07 – Page 1 of 1

SECTION NO. 12.07 – MISCELLANEOUS

Nothing in this Section shall limit or waive any rights of the District under any lease,

permit or other agreement with a Utility Account Holder or anyone.

(Enacted December 8, 2015 – Ordinance No. 2844)

San Diego Unified Port District – Port Code

Section No. 14.01

Article 14 – Fireworks Display - Title Section 14.01 – Page 1 of 1

ARTICLE 14

FIREWORKS DISPLAY

SECTION NO. 14.01 – TITLE

The title of this article shall be known as the “San Diego Unified Port District

Fireworks Display Event Ordinance.”

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.02

Article 14 – Fireworks Display - Purpose Section 14.02 – Page 1 of 1

SECTION NO. 14.02 – PURPOSE

The purpose of this article is to establish a defined set of requirements and

procedures by which the District and users of the District tidelands may continue to enjoy

fireworks displays in and around San Diego Bay and the Pacific Ocean near Imperial

Beach. Further, it is the intent of this article to protect the health, safety and welfare of

persons, property and the environment within the District’s jurisdiction and to comply with

federal, state and local laws and regulations governing the handling, possession, storage,

loading, staging, launching and detonating of fireworks.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.03

Article 14 – Fireworks Display - Definitions Section 14.03 – Page 1 of 5

SECTION NO. 14.03 – DEFINITIONS

For purposes of this article, certain words and phrases not otherwise defined in

District Code section 0.03 shall be defined as follows, unless the context requires a

different meaning:

1. “Alternative fireworks” means fireworks produced with new pyrotechnic

formulas that replace perchlorate with other oxidizers and propellants that

burn cleaner, produce less smoke, and reduce pollutant waste loading to

surface waters.

2. “Applicant” means a person who submits an application to the District for a

permit pursuant to this article.

3. “Application” means the District’s written form to be submitted by a person

requesting a permit pursuant to this article.

4. “Barge” means a water vessel from which fireworks are launched or

detonated.

5. “Best Management Practices” or “BMPs” means schedules of activities,

prohibitions of practices, pollution prevention and educational practices,

maintenance procedures, tools and other management practices used to

prevent or reduce the discharge of pollutants directly to receiving waters to

the maximum extent practicable. BMPs may include any type of pollution

prevention and pollution control measure that can help to achieve

compliance with this article.

San Diego Unified Port District – Port Code

Section No. 14.03

Article 14 – Fireworks Display - Definitions Section 14.03 – Page 2 of 5

6. “District” means the San Diego Unified Port District.

7. “District General Counsel” means the General Counsel of the District or

her/his designee.

8. “Executive Director” means the Executive Director (President/CEO) of the

District or her/his designee.

9. “Fireworks” means any device containing chemical elements and chemical

compounds capable of burning independently of the oxygen of the

atmosphere and producing audible, visual, mechanical, or thermal effects

which are useful as pyrotechnic devices or for entertainment, including

aerial shells, low-level comet or multi-shot devices or ground-level displays.

The term "fireworks" includes, but is not limited to, devices designated by

the manufacturer as fireworks, torpedoes, skyrockets, roman candles,

rockets, sparklers, party poppers, paper caps, chasers, fountains, smoke

sparks, aerial bombs, and fireworks kits.

10. “Fireworks Display Event” means the handling, possession, storage,

loading, staging, launching or detonating of fireworks on the land or waters

within the District’s jurisdiction for viewing by the public or any group of

persons exceeding twenty-five (25) in number.

11. “Fireworks Operator” means a pyrotechnic operator licensed by the State

of California, who by examination, experience and training has

San Diego Unified Port District – Port Code

Section No. 14.03

Article 14 – Fireworks Display - Definitions Section 14.03 – Page 3 of 5

demonstrated the required skill and ability in the use and discharge of

fireworks as authorized by the license granted, and who is responsible for

supplying, staging, launching or detonating the fireworks used in a fireworks

display event.

12. “Fireworks Organizer” means a person who proposes to conduct a fireworks

display event and who is responsible for obtaining the funding and

approvals for a fireworks display event and for contracting with a fireworks

operator to produce a fireworks display event.

13. “Fourth of July Fireworks Display Event” means a fireworks display event

that occurs annually on the Fourth of July to express patriotism and civic

pride and to celebrate the signing of the Declaration of Independence of the

United States of America.

14. “Non-Fourth of July Fireworks Display Event” means a fireworks display

event that occurs on a date other than the Fourth of July.

15. “Operation Clean Sweep” means the annual cleanup event sponsored by

the San Diego Port Tenants Association and District, among others, where

volunteers remove trash and debris from San Diego Bay.

16. “Permit” means the District-issued authorization for an applicant to conduct

a fireworks display event pursuant to this article.

San Diego Unified Port District – Port Code

Section No. 14.03

Article 14 – Fireworks Display - Definitions Section 14.03 – Page 4 of 5

17. “Person” means an individual, association, partnership, nonprofit

organization, corporation, limited liability company, trustee, municipality,

public agency or other legal entity, or the agent or employee thereof.

18. “Pounds” means the net explosive weight of fireworks.

19. “Salute” means an aerial shell as well as other pyrotechnic items whose

primary effects are loud noise generated by detonation and flash of light.

20. “San Diego Bay Fourth of July Fireworks Display Event” means the annual

fireworks display event which occurs on the Fourth of July at up to four (4)

locations in northern San Diego Bay and is currently known as the “Big Bay

Boom.” The San Diego Bay Fourth of July Fireworks Display Event will be

referred to in this article as the Big Bay Boom.

21. "San Diego Water Board" means the California Regional Water Quality

Control Board for the San Diego Region.

22. "San Diego Water Board General Permit" means California Regional Water

Quality Control Board for the San Diego Region Order No. R9-2011-

0022/NPDES No. CAG999002, General National Pollutant Discharge

Elimination System (NPDES) Permit for Residual Firework Pollutant Waste

Discharges to Waters of the United States, including any updates and

amendments thereto.

San Diego Unified Port District – Port Code

Section No. 14.03

Article 14 – Fireworks Display - Definitions Section 14.03 – Page 5 of 5

23. “Sponsor” means a person who contributes funds, services, or other forms

of assistance to a fireworks organizer in support of a fireworks display event.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.04

Article 14 – Fireworks Display - Prohibitions Section 14.04 – Page 1 of 1

SECTION NO. 14.04 – PROHIBITIONS

(a) It shall be unlawful for any Person to handle, possess, store, load, stage,

launch or detonate Fireworks on land or water within District jurisdiction

without first having obtained a Permit from the Executive Director as

provided in this section. By signing said Permit, each Permit recipient

acknowledges and agrees to comply with all of the applicable terms and

conditions that may be specified in such Permit and this article.

(b) Any Person who receives a discretionary lease, permit, license or other

entitlement for use or a contract, grant, subsidy, loan or other form of

financial assistance from the District in connection with a Fireworks Display

Event shall also obtain a Permit from the Executive Director as provided in

this article. By signing said Permit, each Permit recipient acknowledges

and agrees to comply with all of the applicable terms and conditions that

may be specified in such Permit and this article.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.05

Article 14 – Fireworks Display – Permits – Application Section 14.05 – Page 1 of 3

SECTION NO. 14.05 – PERMITS – APPLICATION

Whenever the privilege of doing any of the acts hereinbefore enumerated in this

article requires obtaining a Permit from the Executive Director, the following procedure

shall be followed:

(a) An application for a Permit shall be filed with the District not less than sixty

(60) days before the date on which the Fireworks Display Event is proposed

to occur.

(b) The application shall be in writing, in a form approved by the District, and

shall include, at minimum, the following information: the Person who

proposes to handle, possess, store, load, stage, launch or detonate

Fireworks, including if applicable the Fireworks Organizer, Fireworks

Operator and Sponsor of the Fireworks Display Event; the date, time and

duration of the proposed Fireworks Display Event; the location(s) of the

proposed Fireworks Display Event, including the loading, staging and

launching sites; the total number of pounds, shell sizes and types of

Fireworks to be used; and the proposed event transportation and parking

management plan for the Fireworks Display Event.

coverage under the San Diego Water Board General Permit, the San Diego

Water Board’s Notice of Enrollment of the proposed Fireworks

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Section No. 14.05

Article 14 – Fireworks Display – Permits – Application Section 14.05 – Page 2 of 3

Display Event under said General Permit, and the Best Management

Practices Plan approved by the San Diego Water Board for the proposed

Fireworks Display Event.

(d) When the application is deemed complete, the Executive Director shall

review the application and determine whether the proposed Fireworks

Display Event complies with all of the requirements of section 14.07 (Permit

– Conditions of Approval) of this article. If the proposed Fireworks Display

Event complies with all of the requirements of section 14.07 (Permit –

Conditions of Approval) of this article, the Executive Director shall issue a

Permit.

(e) Each Permit issued shall state the date, time and location of the Fireworks

Display Event for which it is issued, the name of the Person to whom it is

issued and all mandatory conditions upon which the Permit is given.

(f) An application for a permit for a Fireworks Display Event at a location not

identified in Section 14.07(a) of this article may be granted by the Executive

Director provided that (i) environmental review for the proposed Fireworks

Display Event has been completed and approved or certified by the District

as required by the California Environmental Quality Act, Public Resources

Code § 21000, et seq. prior to issuance of a permit and (ii) the applicant

has obtained all other permits and approvals as required by

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Section No. 14.05

Article 14 – Fireworks Display – Permits – Application Section 14.05 – Page 3 of 3

law, including without limitation approvals and permits required under the

California Coastal Act, Public Resources Code § 30000, et seq.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.06

Article 14 – Fireworks Display – Permits – Public Notice Section 14.06 – Page 1 of 1

SECTION NO. 14.06 – PERMITS – PUBLIC NOTICE

(a) Within five (5) business days after the issuance of a Permit pursuant to this

article, the Executive Director shall give public notice of the issuance of such

Permit by posting a copy of the Permit on the District’s website.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 1 of 17

SECTION NO. 14.07 – PERMITS – CONDITIONS OF APPROVAL

All permits issued by the Executive Director shall be subject to the following terms

and conditions:

(a) Location of Fireworks Display Events.

1. Fourth of July Fireworks Display Events shall occur only at the

following locations.

a) Big Bay Boom, at up to four (4) locations in northern San

Diego Bay;

b) Fourth of July Imperial Beach Fireworks, at one (1) location

along the Imperial Beach Pier;

c) Fireworks Over Glorietta Bay, at one (1) location in Glorietta

Bay;

d) Chula Vista Fourth of July, at one (1) location adjacent to the

Chula Vista Bayfront; and

e) National City Fourth of July, at one (1) location adjacent to the

National City Bayfront.

2. Non-Fourth of July Fireworks Display Events shall occur only at the

following locations.

a) National Steel and Shipbuilding Company (NASSCO)

shipyard, not to exceed two (2) displays per year along

NASSCO Pier 12;

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 2 of 17

b) U.S.S. Midway Museum, not to exceed twenty-three (23)

displays per year on or adjacent to the U.S.S. Midway

Museum;

c) San Diego Symphony Summer Pops Concerts, not to exceed

twenty (20) displays per year adjacent to Embarcadero

Marina Park South;

d) Our Lady of Rosary Church Annual procession, not to exceed

one (1) display per year along Harbor Drive and at end of

Grape Street Pier; and

e) Chula Vista Bayfront, not to exceed two (2) displays per year

adjacent to the Chula Vista Bayfront

(b) Duration of Fireworks Display Events.

1. Fourth of July Fireworks Display Events shall not exceed twenty (20)

minutes in duration.

2. Non-Fourth of July Fireworks Display Events shall not exceed ten

(10) minutes in duration.

1. Fourth of July Fireworks Display Events.

a) Big Bay Boom, not to exceed a cumulative 5,342 pounds of

fireworks with shell sizes not to exceed 10 inches;

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 3 of 17

b) Fourth of July Imperial Beach Fireworks, not to exceed 456

pounds of fireworks with shell sizes not to exceed 10 inches;

c) Fireworks Over Glorietta Bay, not to exceed 397 pounds of

fireworks with shell sizes not to exceed 10 inches;

d) National City Fourth of July, not to exceed 400 pounds of

fireworks with shell sizes not to exceed 8 inches; and

e) Chula Vista Fourth of July, not to exceed 400 pounds of

fireworks with shell sizes not to exceed 8 inches.

2. Non-Fourth of July Fireworks Display Events.

a) NASSCO shipyard, not to exceed 281 pounds of fireworks per

display with shell sizes not to exceed 6 inches, or a cumulative

total of 439 pounds of fireworks per year;

b) U.S.S. Midway Museum, not to exceed 235 pounds of

fireworks per display with shell sizes not to exceed 6 inches,

or a cumulative total of 1,759 pounds of fireworks per year;

c) San Diego Symphony Summer Pops Concerts, not to exceed

95 pounds of fireworks per display with shell sizes not to

exceed 6 inches, or a cumulative total of 1,498 pounds of

fireworks per year;

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 4 of 17

d) Our Lady of Rosary Church Annual procession, not to exceed

18 pounds of fireworks with shell sizes not to exceed 6 inches;

and

e) Chula Vista Bayfront, not to exceed 114 pounds of fireworks

per display with shell sizes not to exceed 8 inches, or a

cumulative total of 228 pounds of fireworks per year.

(d) Fireworks Chemical Composition and Packaging.

1. Chemical Composition.

a) The Big Bay Boom Fourth of July Fireworks Display Event

shall use Fireworks which contain no more than 0.32% copper

(Cu) per pound of explosive firework material, unless the

Applicant establishes in writing and to the satisfaction of the

Executive Director that the total copper emissions from the

proposed Big Bay Boom Fireworks Display Event will not

exceed seventeen (17) pounds. Fireworks which do not

conform to the foregoing requirement but were lawfully

purchased prior to the effective date of this article, may be

used for a period of six months after the effective date of this

article.

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 5 of 17

b) All Fireworks Display Events shall use Alternative Fireworks

produced with pyrotechnic formulas which replace perchlorate

with other oxidizers and propellants that burn cleaner,

produce less smoke, and reduce pollutant waste loading to

surface waters, unless the Applicant establishes in writing and

to the satisfaction of the Executive Director that such

Alternative Fireworks are not commercially available.

2. Packaging.

a) Prior to commencement of a Fireworks Display Event, the

Fireworks Operator shall remove and properly dispose of all

packaging, wrapping and labels (excluding labels mandated

by State or Federal laws) from all Fireworks to be used in the

event.

b) Fireworks that include a plastic outer casing or non-

biodegradable inner components that make up more than five

(5) percent of the mass of the shell or device are prohibited.

(e) Protection of Sensitive Species and Habitat. The following conditions shall

apply to Fireworks Display Events that occur between February 15

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Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 6 of 17

and September 15 (i.e., avian breeding season) and are located less than

one (1) mile from any federally or state-listed avian species nesting

colonies.

1. Location. Fireworks Display Events shall be located not less than one

(1) mile from any federally or state-listed avian species nesting

colony unless the maximum size of shells used in the event is limited

to eight (8) inches.

2. Salutes. Fireworks Display Events shall not use concussion type,

non-color shells such as “salutes” or “reports” during the initial

twenty-five percent (25%) of the duration of any display (e.g., within

the first 5 minutes of a 20-minute display).

3. Security. For Fireworks Display Events with public viewing areas

(i.e., parks, promenades, publicly accessible piers, and other similar

facilities) that occur within one-half mile of unprotected (i.e.,

unfenced) federally or state-listed nesting colonies or habitat areas,

the Fireworks Organizer shall provide a minimum of two professional

security guards to direct persons away from and to discourage

trespass into sensitive nesting areas or habitat during such displays.

In addition, the fireworks organizer shall provide

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 7 of 17

security patrols of the water area to enforce the existing restrictions

on access to unauthorized areas during such fireworks display

events in the South Bay.

4. Signage. For Fireworks Display Events with public viewing areas

(i.e., parks, promenades, publicly accessible piers, and other similar

facilities) that occur within one half-mile of nesting colonies or habitat

areas for federally or state-listed species, the Fireworks Organizer,

in cooperation with the District, shall post temporary signage along

primary access points to sensitive nesting colonies and habitat areas

to identify safe viewing locations, to educate visitors on locations of

sensitive wildlife habitats, to prevent viewers from trespassing into

sensitive areas and to encourage appropriate viewing behavior.

5. Education. Beginning not less than seven (7) days before Fireworks

Display Events with public viewing areas (i.e., parks, promenades,

publicly accessible piers, and other similar facilities) located within

one-half mile of federally or state-listed nesting colonies or habitat

areas, the Fireworks Organizer shall implement a public education

program using daily announcements on social media, press

releases, and information posted at parks, boat launch facilities,

marinas, yacht clubs and other viewing locations,

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 8 of 17

to educate potential viewers regarding appropriate viewing and boat

docking areas, to discourage trespass into sensitive wildlife habitat,

and to reminds viewers of appropriate viewing behavior in and near

sensitive nesting colonies and habitat areas (e.g., appropriate

disposal of trash, prevention of illegal fireworks, and safe boating

procedures).

(f) Best Management Practices. Fireworks Display Events shall implement the

following BMPs for Fireworks Display Event preparation, discharge and

clean-up.

1. Fireworks Display Events on barges shall be set up at a loading

facility in accordance with the requirements and under the

supervision of the municipal fire department with jurisdiction over the

event. Barges shall be inspected for leaks and other potential safety

issues. Idling time for delivery trucks and loading equipment shall not

exceed three (3) minutes and all such trucks and equipment shall be

shut down when not in use.

2. Fireworks shall be brought to the barge and loaded in their U.S.

Department of Transportation (DOT)-approved shipping cartons.

Fireworks shall be encased in paper to prevent spillage of loose

compounds. All packaging material and debris, including fuses,

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 9 of 17

wires, shipping cartons and other wrapping, shall be properly

disposed of in trash receptacles as the Fireworks Display Event is

set up. Unless prohibited by the municipal fire marshal with

jurisdiction over the Fireworks Display Event, barges shall be

equipped with a fire-retardant debris barrier that extends six feet (6’)

in height, with openings no larger than ¼ inch, around the perimeter

of the Fireworks launch area to contain debris.

3. Wires from the electric match placed in the Fireworks fuse shall be

secured to avoid strain (such as wrapped around nails that are on

the racks, tied to the racks, or tied to the mortar) to prevent wires

from being pulled out and falling into the water. Wire cables

connected to computer firing equipment modules shall also be

properly secured to ensure they remain on the barge during the

Fireworks Display Event.

4. Once the Fireworks are prepared for launch, all trash and debris shall

be removed from the barge while it is at the loading facility and prior

to the barge being moved into position. No loose material shall be

allowed on the barges during the Fireworks Display Event.

5. Following the Fireworks Display Event and upon expiration of any

safety period required by the municipal fire marshal with jurisdiction

over the Fireworks Display Event, the Fireworks Operator shall pick

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 10 of 17

up all loose material on the barge, including all trash and debris

resulting from the discharge of the Fireworks, to prevent it from being

discharged into the water while the barge is underway.

6. Upon return to the loading facility, the Fireworks Operator shall clean

the barge of all Fireworks related material and shall photograph and

properly dispose of all Fireworks trash and debris. Unexploded

Fireworks and related components shall be collected and disposed

of by the Fireworks Operator in accordance with all applicable

regulations. Fireworks Operators shall photograph the barge prior to

and after cleaning.

7. Following the Fireworks Display Event and upon expiration of any

safety period required by the municipal fire marshal with jurisdiction

over the event, the Fireworks Organizer shall provide cleanup crews

and boats to conduct sweeps of the fireworks detonation zone to

gather any floating debris from spent Fireworks using hand held

fishnets, pool skimmers, or other similar equipment.

8. The morning after the Fireworks Display Event, the Fireworks

Organizer shall conduct another sweep of the fireworks detonation

zone and quays, piers and docks adjacent to the fireworks detonation

zone to remove Fireworks trash and debris. The

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Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 11 of 17

Fireworks Organizer shall collect, bag, weigh and photograph all

trash and debris collected prior to its disposal.

9. The morning after the Fireworks Display Event, the Fireworks

Organizer shall perform a cleanup of the shoreline using crews of not

fewer than five persons per barge on the shoreline adjacent to each

barge location. Each crew member shall be equipped with trash bags

and a trash grabber. The Fireworks Organizer shall collect, bag,

weigh, and photograph all trash and debris collected prior to its

disposal.

10. Within ten (10) business days after a Fireworks Display Event, the

Fireworks Organizer shall provide the Executive Director with the

photographs and written evidence of the weight of the Fireworks

trash and debris collected pursuant to subdivisions (5) through (9)

above. If the dry weight of the Fireworks trash and debris collected

is less than fifty percent (50%) of the net weight of fireworks launched

during the Fireworks Display Event, the Fireworks Organizer shall

offset the remaining amount by providing a crew of not fewer than

two (2) persons for each barge or other launch site used in the

Fireworks Display Event to participate in the next scheduled

“Operation Clean Sweep” or other District-sponsored clean-up event

prior to the end of the calendar year to recover trash

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 12 of 17

and debris from San Diego Bay and/or the Imperial Beach

Oceanfront.

11. For all Fourth of July Fireworks Display Events and for Non-Fourth

of July Fireworks Display Events which are advertised to the public,

the Fireworks Organizer shall double the number of trash

receptacles at major viewing areas prior to each fireworks display

event; trashcans shall be emptied and parks and viewing areas shall

be cleaned following the event.

(g) Eelgrass Avoidance and Mitigation. For Fireworks Display Events with

launching sites located in shallow water with the potential for eelgrass to

occur, fireworks barges shall be held in place by tugboats and shall not

require temporary moorings. To the extent practicable, barges shall be

located in unvegetated deep water channels outside of eelgrass beds. Pre-

event and post-event eelgrass surveys shall be completed to identify the

distribution of eelgrass to assist tug operators and to assess any impacts to

eelgrass that may occur. Through a pre-event training, tug operators shall

be made aware of shallow eelgrass and instructed not to use high thrust in

the vicinity of eelgrass beds. If an unanticipated impact to eelgrass occurs,

this impact shall be mitigated by replacing the eelgrass at a ratio determined

by the California Eelgrass Mitigation Policy.

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 13 of 17

(h) Event Transportation and Parking Management Plans. For all Fourth of July

Fireworks Display Events and for Non-Fourth of July Fireworks Display

Events which are advertised to the public, the Fireworks Organizer shall

prepare and submit an event transportation and parking management plan

(ETPMP) to the Executive Director for approval as part of the Application,

which shall be designed to ensure safe and convenient access to public

viewing areas while limiting conflicts between transportation modes and

reducing impacts on surrounding transportation facilities to the maximum

extent feasible. The ETPMP shall take into account anticipated attendance,

existing transportation and parking facilities, and other concurrent public

events in the surrounding areas, and shall include but is not limited to the

following.

1. Transportation management strategies, including but not limited to,

a public awareness program, traffic management and enforcement,

incident management, and public transit and alternative modes of

transportation management, which shall be implemented for the

Fireworks Display Event; and

2. Parking management strategies, including but not limited to a public

awareness program, coordination with parking vendors, off-site

parking arrangements, designated areas for taxi and rideshare pick

up/drop off, promotional programs with rideshare vendors, joint

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 14 of 17

event ticketing programs with public transit agencies and expanded

shuttle operations.

a) Compliance with San Diego Water Board General Permit.

1) Prior to the Executive Director’s issuance of a permit

pursuant to this article, the Applicant shall demonstrate

that it has applied for coverage and has been enrolled

under the San Diego Water Board General Permit.

2) The Applicant shall comply with all applicable terms,

conditions and Best Management Practices required

by the San Diego Water Board General Permit, which

shall be incorporated into and considered in the terms,

conditions and Best Management Practices of any

permit issued by the Executive Director pursuant to this

article.

3) The Applicant shall submit to the District copies of all

applications, plans, reports and other documentation

required by the San Diego Water Board General

Permit, including without limitation the Notice of Intent,

Fireworks Best Management Practices Plan, Public

Fireworks Display Log and the Public Display

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Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 15 of 17

of Fireworks Post Event Report, within the time

required for the submission of such reports to the San

Diego Water Board.

(j) Compliance with Other Required Permits: Prior to the Executive Director’s

issuance of a Permit pursuant to this article, the Applicant shall demonstrate

that it has obtained and shall comply with all other permits and approvals

required by federal, state and local laws and regulations including, without

limitation, such permits and approvals as are required by the United States

Coast Guard, California Coastal Act, the District Code, including Article 10

(Stormwater Management and Discharge Control), and the fire marshal of

any city which has jurisdiction over all or any part of the activity allowed

under said Permit.

(k) Compliance with Laws: The Applicant shall comply with any and all

applicable rules and regulations promulgated by the District, including

without limitation the District Code, the Chula Vista Bayfront Master Plan

Settlement Agreement and Natural Resources Management Plan, and with

the laws, rules and regulations of the United States of America and the State

of California, and of any department or agency thereof, and with the

applicable ordinances, rules and regulations of any city which has

jurisdiction over all or any part of the activity allowed under said Permit. The

Applicant’s failure to comply with any applicable law, ordinance, rule

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Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 16 of 17

or regulation shall be cause for immediate revocation of said permit and for

the denial of applications for future Permits.

(l) Indemnity: The Applicant shall indemnify and hold harmless the District, its

board, officers and employees, from any and all claim of loss, liability or

damage arising out of the Fireworks Display Event, including but not limited

to the issuance of the District Permit, or in connection with the handling,

possession, storage, loading, staging, launching or detonating of Fireworks

by the Applicant, its officers, employees, contractors, agents or other

representatives, howsoever caused, whether such loss, liability or damage

results, either directly or indirectly, from the acts, omissions or negligence

of the Applicant, its officers, employees, contractors, agents or other

representatives, in connection with the handling, possession, storage,

loading, staging, launching or detonation of Fireworks pursuant to said

Permit.

(m) Insurance: The Applicant shall file with the Executive Director, in a form

approved by the District General Counsel, a policy of public liability and

property damage insurance, in such amounts and form as the Executive

Director may specify, indemnifying the District, its boards, officers and

employees, as their interest may appear under the terms and conditions of

said Permit. The Permit shall not become effective until after such policy of

insurance has been received by the District.

San Diego Unified Port District – Port Code

Section No. 14.07

Article 14 – Fireworks Display – Permits – Conditions of Approval Section 14.07 – Page 17 of 17

(n) Performance Bond: For public Fireworks Display Events with over 500

spectators the Applicant shall post a faithful performance bond, in a form

approved by the District General Counsel, or in lieu thereof the equivalent

in cash, in an amount sufficient in the opinion of the Executive Director to

cover costs associated with the Fireworks Display Event allowed under the

permit, including without limitation the costs of providing security for the

protection of sensitive species and habitat, and cleaning up and removing

debris, rubbish and trash. The permit shall not become effective until after

such faithful performance bond, or cash in lieu thereof, has been posted

with and received by the District.

(o) Mitigation Measures: All permit applications shall be reviewed by the District

for consistency with the Mitigation Monitoring and Reporting Program

(MMRP) from the Final Environmental Impact Report for the San Diego Bay

and Imperial Beach Oceanfront Fireworks Display Events Project, as

certified by the Board of Port Commissioners, and all applicable mitigation

measures from the MMRP shall be identified as required conditions of the

approved permit issued by the District.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.08

Article 14 – Fireworks Display – General Provisions Section 14.08 – Page 1 of 1

SECTION NO. 14.08 – GENERAL PROVISIONS

(a) Preemption. The provisions of this article do not apply where any federal or

state law regulates the handling, possession, storage, loading, staging,

launching or detonating of Fireworks if the federal or state law preempts

local regulation or the federal or state law is more restrictive.

(b) Severability. If any provision of this article or the application thereof to any

person or circumstances is held invalid, such invalidity shall not affect other

provisions or applications of this article which can be given effect without

the invalid provisions or application, and to this end the provisions of this

section are severable.

services and administrative acts of the District incurred in processing a

permit application.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 14.09

Article 14 – Fireworks Display – General Provisions Section 14.09 – Page 1 of 1

SECTION NO. 14.09 – ENFORCEMENT

Any person who violates this article or who fails to comply with the terms and

conditions of a permit issued pursuant to this article shall be subject to punishment in

accordance with District Code section 0.11, General Penalty, and section 0.13, Permit

Violations.

(Enacted May 25, 2017 – Ordinance No. 2892)

San Diego Unified Port District – Port Code

Section No. 15.01

Article 15 – Wireless Communication Facilities – Title Section 15.01 – Page 1 of 1

ARTICLE 15

WIRELESS COMMUNICATION FACILITIES

SECTION NO. 15.01 TITLE

The title of this Article shall be known as “Regulation of Wireless

Communication Facilities on District Tidelands.”

(Enacted April 12, 2022 – Ordinance No. 3041)

San Diego Unified Port District – Port Code

Section No. 15.02

Article 15 – Wireless Communication Facilities – Purpose Section 15.02 – Page 1 of 2

SECTION 15.02 – PURPOSE

The purpose of this article is to establish standards for managing, processing,

and acting upon requests for the placement and modification of wireless communication

facilities (“WCF”) on District Tidelands. Nothing in this Article shall be construed to limit

or otherwise abridge, to any extent, the District’s exercise of its authority (1) as a

property owner, trustee, and/or landlord and in a proprietary capacity for the benefit of

the public pursuant to the San Diego Unified Port District Act (“Port Act”), (2) as a

trustee of District tidelands, which are subject to the California Public Trust Doctrine

(‘Public Trust”) (and any other trust obligations) and (3) subject to the requirements of

the California Coastal Act, the District’s Coastal Development Permit Regulations, and

any other applicable law requiring the protection of natural and coastal resources. This

Article does not, expressly or impliedly, expand the scope of applicability of any federal

law, state law or Federal Communication Commission (“FCC”) orders or rules

(including, as applicable, the shot clock timeframes established by 47CFR §1.6003).

The District reserves its right to exercise all rights, authority and discretion when acting

in its proprietary, market-participant, and/or landlord capacity.

The District’s tidelands are a uniquely valuable public resource, closely linked

with the character of San Diego Bay, and regulation of WCF installation on District

Tidelands is necessary to protect and preserve coastal resources, including aesthetics,

physical and visual public access, and sensitive biological resources, as well as

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Section No. 15.02

Article 15 – Wireless Communication Facilities – Purpose Section 15.02 – Page 2 of 2

implement and adhere to the Public Trust and Coastal Act. This Article is protective of

the public health, safety and welfare, and provides for the orderly deployment of

wireless communications facilities through reasonable and appropriate standards to

ensure the continued quality of telecommunications services to the public and private

entities, while protecting the unique resources and character of District Tidelands,

implementation of the Coastal Act and other regulations regarding the preservation of

coastal resources, and aiding in furtherance of public access and use of District

Tidelands. This Article does not apply to any (1) government-owned and operated WCF,

(2) emergency medical car4e provider-owned and operated WCF, or (3) any WCF that

are exempted pursuant to applicable federal or state law. The Article shall not be

construed to require or mandate any action that would be inconsistent with applicable

federal or state law, including the Coastal Act.

(Enacted April 12,2022 – Ordinance No. 3041)

San Diego Unified Port District – Port Code

Section No. 15.03

Article 15 – Wireless Communication Facilities – Definitions Section 15.03 – Page 1 of 6

SECTION 15.03 – DEFINITIONS

For purposes of this article, certain words and phrases not otherwise defined in

District Code section 0.03 shall be defined as follows:

(a) “Base Section” means the same as defined by the FCC in 47 C.F.R.

Section 1.6100(b)(1), as may be amended, which defined the term as a

structure or equipment at a fixed location that enables FCC-licensed or

authorized wireless communications between user equipment and a

communications network. The term does not encompass a tower as

defined in 47 C.F.R. Section 1.6100(b)(9) or any equipment associated

with a tower. The term includes, but us not limited to, equipment

associated with wireless communications services such as private

broadcast, and public safety services, as well as unlicensed wireless

services and fixed wireless services such as microwave backhaul. The

term includes, but us not limited to, radio transceivers, antennas, coaxial

or fiber-optic cable, regular and backup power supplies, and comparable

equipment, regardless of technological configuration (including distributed

antenna systems and small-cell networks). The term includes any

structure other than a tower that, at the time and application is filed with

the District under this Article, supports or houses equipment described in

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Article 15 – Wireless Communication Facilities – Definitions Section 15.03 – Page 2 of 6

47 C.F.R. Sections 1.6100(b)(1)(i) and (ii) that has been reviewed and approved

by the District, even if the structure was not built for the sole or primary

purpose of providing such support. The term does not include any

structure that, at the time an application is filled with the District under this

Article, does not support or house equipment described in 47 C.F.R.

Sections 1.6100(b)(1)(i) and (ii).

(b) “Board or BPC” means the Board of Port Commissioners of the District.

1. For the purposes of any Spectrum Act Section 6409(a) modification

(Eligible Facilities Request (EFR)), the same as defined by the FCC

in 47 C.F.R. §1.6100(b)(2), as may be amended, which defines that

term as “{t}he mounting or installation of transmission equipment on

an eligible support structure for the purpose of transmitting and/or

receiving radio frequency signals for communications purposes.” As

an illustration and not a limitation, the FCC’s definition means to

add transmission equipment to an existing facility and does not

necessarily refer to two or more different facility operators in the

same location.

2. For all other purposes, the same as defined in 47 C.F.R. §

1.6002(g)(1) and (2), as may be amended, which defines

“collocation” as: (1) mounting or installing an antenna facility on a

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Article 15 – Wireless Communication Facilities – Definitions Section 15.03 – Page 3 of 6

pre-existing structure, and/or (2) modifying a structure for the

purpose of mounting or installing an antenna facility on that

structure.

(d) “District Tidelands” means those lands, including the PROW, granted to

and held, controlled or operated by the District, as trustee, pursuant to and

consistent with the Port Act.

(e) “Eligible Facilities Request” means the same as in 47 CFR 1.6100(b)(3),

which defines the term to mean any request for modification of an existing

tower or base station that does not substantially change the physical

dimensions of such tower or base station that does not substantially

change the physical dimensions of such tower or base station and

involves (1) the collocation of new transmission equipment, (2) the

removal of transmission equipment, or (3) the replacement of transmission

equipment.

(f) “Historical Structure” means a historical structure designated by the

National Register of Historical Places, the California Register of Historical

Resources, and/or any applicable local register.

(g) “Public Right of Way or PROW” means a public street, highway, sidewalk

associated with a public street or highway, street island, median or

parkway, that is owned, operated, or controlled by the District. PROW

does not include Promenades Piers, Parks, or other accessible public

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lands held in trust and managed for the benefit of the public pursuant to

the Port Act, as may or may not be designated in the Port Master Plan.

(h) “Sensitive Habitat Area” means any area in which plant or animal life or

their habitats are wither rare and/or especially valuable because of their

special nature or role in an ecosystem and which could be easily disturbed

or degraded by human activities and developments.

(i) “Small Cell Wireless Facility” means consistent with the definition in 47

CFR 1.6002(l), a facility that meets each of the following conditions:

1. The facility:

a) is mounted on structures fifty (50) feet or less height

including their antennas; or

b) is mounted on structures no more than ten percent (10%)

taller than other adjacent structures; or

c) do not extend existing structures on which they are located

to a height of more than fifty (50) feet or by more than ten

percent (10%), whichever is greater.

2. Each antenna associated with the deployment, excluding

associated antenna equipment (as defined in the definition of

antenna in 47 CFR Section 1.1320(d)), is no more than three (3)

cubic feet in volume;

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3. All other wireless equipment associated with the structure, including

the wireless equipment associated with the antenna and any pre-

existing associated equipment on the structure, is no more than

twenty-eight (28) cubic feet in volume;

4. The facility does not require antenna structure registration under 47

CFR part 17;

5. The facility is not located on tribal lands, as defined under 36 CFR

Section 800.16(x); and

6. The facility does not result in human exposure to radiofrequency

radiation in excess of the applicable safety standards specified in

47 CFR Section 1.1307(b).

(j) “Stealth Facility” means a WCF that utilizes concealment techniques that

substantively screen the WCF from public view or integrate the WCF with

the surrounding natural or built environmental such that, given the

particular context visual detection of the WCF by the average, untrained

observer is difficult.

(k) “Structure” means an element, facility, or equipment which is attached to,

constructed on, or built into the ground, either directly or indirectly. This

term includes, without limitation, building, streetlights, traffic signals, utility

poles, signage and are installations.

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(l) “Tower” means the same as defined by the FCC in 47 C.F.R. Section

1.6100(b)(9), as may be amended, which defines the terms as any

structure built for the sole or primary purpose of supporting any

Commission-licensed or authorized antennas and their associated

facilities, including structures that are constructed for wireless

communications services including, but not limited to, private, broadcast,

and public safety services, as well as unlicensed wireless services and

fixed wireless services such as microwave backhaul, and the associated

site.

(m) “Wireless Communication Facility or WCF” means the transmitters,

antennas, remote radio unites (RRUs) support structures, and other types

of installations used for the provision of wireless services at a fixed

location, including, without limitation, any associated tower(s), support

structure(s), base station(s), and any other accessory equipment related

to the provision of wireless service. Wireless Communication Facility

includes a Small Cell Wireless Facility.

(Enacted April 12, 2022 – Ordinance No. 3041)

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SECTION 15.04 – APPLICATION PROCEDURES

(a) Application Requirements.

1. Application Process: Any applicant proposing to locate a WCF on

District Tidelands shall submit a wireless-specific application. The

submission of an application and the District’s consideration of

same shall in no way limit or otherwise abridge, to any extent, the

District’s exercise of its authority as a property owner, trustee,

and/or landlord and in a proprietary capacity for the benefit of the

public pursuant to the Port Act.

2. Content: Any application for a WCF must contain, subject to

Section 15.04(a)4 below, at a minimum:

a) Any information required by Board of Port Commissioners

Policy No. 357, as amended.

b) The name of the applicant, its telephone number and contact

information, and the name and contact information of any

wireless services provider that will be using the WCF.

c) The name of the owner and/or master lessee, as applicable,

of the structure or property on which the WCF will be

located, and written owner and/or master lessee

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authorization for use of the structure or property for the

proposed WCF.

d) If located on District Tidelands that are subject to an existing

leasehold, a copy of the proposed real estate agreement

(with confidential or proprietary information redacted, as

approved by the District) between the applicant and the

master lessee(s) of the property on which the proposed

WCF is proposed to be located, attached or installed.

e) A complete description of the proposed WCF and all work

that will be required to install, modify, maintain, or allow

functioning of the WCF, including, but not limited to: (a)

detail regarding proposed excavations, if any; (b) detailed

site plans showing the location of the WCF, and

dimensioned drawings with specifications for each element

of the WCF, clearly describing the site and any and all

structures and/or facilities both (b1) at the site before

installation or modification of the facilities; (c) a dimensioned

map identifying, describing, and depicting the location of

existing structures within one hundred (100) feet, in all

directions, of the proposed WCF, and identifying any

residential dwelling unit(s) and/or any historical structure(s)

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within three hundred (300) feet, in all directions regardless of

jurisdictional boundaries, of the WCF, unless the application

is for an EFR; (d) before and after scaled photo simulations

that depict the proposed location prior to and following the

proposed installation; (e) details related to the infrastructure,

facilities, and other equipment to be installed; and (f) existing

and proposed (by applicant) property lines and distances

from associated boundaries.

f) A description of and documentation demonstrating that the

proposed WCF will comply with generally-applicable health

and safety standards of the Port Code, regulations and

standards of the associated member-city jurisdiction, as may

be applicable, and FCC rules and standards, including radio

frequency emissions standards.

g) All manufacturer’s specifications for all noise-generating

equipment, such as air conditioning units and back-up

generators, including the equipment decibel rating for both

maintenance cycling and continual operation modes. If the

manufacturer’s specifications or other information suggest

that noise generated by the proposed WCF would exceed

applicable noise standards of the city within which WCF is

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proposed (City of San Diego, City of Chula Vista, City of

Coronado, City of National City, or City of Imperial Beach), a

noise memo or study confirming compliance with applicable

standards and/or demonstrating the maximum noise output

for the WCF. If an applicant has prepared and submitted a

noise study for a specific WCF design, a subsequent noise

study is not required for the exact same design (inclusive of

all components and technical features).

h) If the application is for a Small Cell Wireless Facility, the

application shall state as such and explain how the proposed

WCF meets the definition of Small Cell Wireless Facility.

i) If the application is for an EFR, consistent with applicable

law, the application shall state such expressly and must

contain information sufficient to demonstrate that the

application qualifies as an EFR, consistent with applicable

law.

j) Any application for a WCF that either (1) is proposed to be

located in a Tier 2 or Tier 3 Location or (2) which seeks an

exception pursuant to Section 15.01(l), below, must include

(a) a minimum of two (2) alternative designs and/or locations

for each proposed WCF, and (b) map identifying the search

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area used by the applicant to identify the proposed location

(a “Search Ring”) unless the application is for an EFR.

k) Any requires fees, as per BPC Policy No. 106, Cost

Recovery User Policy, as amended. If the applicant has

questions regarding applicable fees, the applicant should

reach out to the District’s Development Services

Department.

3. Application Fees: The payment of applicable application fees shall

in no way be construed to guarantee approval of any specific

proposed WCF or otherwise constrain the District, as landlord

operating in its proprietary capacity, to the extent applicable, from

requiring rent or other fees consistent with applicable leasing

procedures and standards of the District or the Port Act.

4. Waiver:

a) An applicant may request a waiver from any of the submittal

requirements specified in this Section, provided that such

request shall be made in writing and at the time that the

application is submitted. The Executive Director (or his or

her designee) may grant or deny a request for a waiver, in

his or her sole discretion, provided that any approval of a

waiver must be accompanied by a finding that,

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notwithstanding the issuance of a waiver, the District will

have sufficient information regarding the proposed WCF to

understand the nature of construction and installation

proposed by the project. All waivers approved pursuant to

this subsection shall be narrowly tailored to minimize

deviation from the requirements of this Article and shall

apply only to the specific project identified.

b) Requests for waivers of cost recovery fees under BPC Policy

No. 106 are not covered by this subsection and a request for

a waiver of any fees under that policy would need to be

requested and approved in accordance with that policy.

(b) Design Standards.

1. Any application submitted to construct a WCF shall adhere to and

be designed consistent with the Design Standards, as outlined in

Section 15.05, unless the application is an EFR or an exception is

requested and approved according to Section 15.05(l). All

applicants shall, to the extent feasible, design a WCF to be a

Stealth Facility.

(Enacted April 12, 2022 – Ordinance No. 3041)

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 1 of 14

SECTION 15.05 – DESIGN STANDARDS

All WCF, except for an EFR, shall be designed in the least visible means feasible

and to be the least disruptive to the appearance of the primary use on a parcel as

feasible. A WCF, except for an EFR, shall be a Stealth Facility and utilize the smallest,

least visually intrusive design to minimize visual impacts. All WCF, except for an EFR,

must be compatible with proposed support structure and surroundings, including with

respect to color, materials, size, and scale, and shall use all reasonable means to hide

and conceal the WCF through design integration and screening. The District retains all

discretion to determine that a proposed WCF does not satisfy the requirements of this

Section, except as may be limited by federal or state law (such as an EFR).

(a) Locations.

1. Recognizing the unique visual and aesthetic value of District

Tidelands, the District prioritized the location of WCF in

certain locations, as specified below and ranked in order of

preference (with Tier 1 Location being the most preferred

and Tier 3 being the least preferred). To the extent a

proposed location falls within two or more tiers, the more

restrictive tier will be deemed to apply. However, a proposal

for the location of a WCF in a specific location, whether a

Tier 1 Location or otherwise, does not constitute a

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 2 of 14

guarantee of approval and all proposed WCF must comply

with the requirements of this Article. If an applicant proposes

to locate a WCF in a Tier 2 Location or Tier 3 Location (as

defined below), except for an EFR, the applicant must

submit evidence (such as a map or figures) demonstrating

why no preferred tier locations (as characterized below) in

the applicant’s target service area are feasible as a location

for the proposed WCF.

a) Tier 1 Locations:

1) PROW in wholly commercial or industrial

areas.

2) Within existing buildings or located on the roof

of an existing building, provided the WCF is not

visible from publicly accessible areas,

regardless of location within any other less

preferred tier.

3. All locations not identified as a Tier 2 Location

or a Tier 3 Location.

b) Tier 2 Locations:

1) Within one hundred and fifty (150) feet, in any

direction, of any Historic Structure.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 3 of 14

2) Any Parks, open spaces, or areas of

recreation, as may not be designated in the

certified Port Master Plan.

3) Areas if Piers that are used for wholly for

commercial or industrial purposes, provided

that the WCF does not obstruct or impeded

views of San Diego Bay or the Pacific Ocean.

4) Any undeveloped District Tidelands.

5) Any area between the first inland PROW

paralleling the Pacific Ocean and the Pacific

Ocean.

6) All locations that would result in an adverse

impact to coastal resources, other than those

identified as Tier 3 Locations as per Section

15.05(a)1(c).

c) Tier 3 Locations:

1) Within a View Corridor or Vista Area, as

designated in the Certified Port Master Plan.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 4 of 14

2) Within thirty (30) feet, in any direction, of any

Promenade, unless substantially screened

from view from the Promenade.

3) Promenades, as may be designated in the

certified Port Master Plan.

4) Piers, including but not limited to Fishing Piers

as Designated in the certified Port Master Plan.

5) Within one hundred (100) feet, in any direction,

of any Sensitive habitat Areas or adjacent

areas where siting would degrade those areas

or resources.

(b) Size. Any WCF shall be the smallest size feasible.

WCF shall be stealth to the extent feasible.

1. The following principles aid in designing a Stealth Facility:

a) WCF shall match the color, texture, materials, and aesthetics

of the structure to which they are attached or mounted.

b) WCF shall prioritize integration into or concealment within a

structure, as opposed to visible mounting or land-based

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construction that relies on screening and/or construction of a

new structure.

c) If constructed on or attached to a building façade, ECF shall

be integrated into architectural elements (appearing flush

within a wall or hiding in a cupola). The design elements of

existing building facades should be replicated.

d) Whenever feasible, a WCF shall be placed on existing

structures or replacement structures.

e) All cabling shall be concealed and routed internally through

the existing structure.

f) All proposed vertical elements of the WCF shall replicate the

design, diameter, and proportion of the vertical elements to

be imitated when aiding with concealment.

g) WCF should not materially obstruct views from, to light

passage into, any adjacent window(s).

(d) Underground. All WCF equipment must be integrated or concealed to the

maximum extent possible, consistent with the requirements in (c)(1) of this

Section. If underground is technically feasible and would be necessary to

achieve a Stealth Facility design, WCF equipment must be placed

underground. All vaults and pull boxes shall be installed flush to grade.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 6 of 14

1. If required, ground-mounted equipment shall be stealth and

incorporate camouflaging and shrouding to match the colors,

appearance, and materials of existing facilities and screen

equipment from public view. Further, any ground-mounted

equipment must be enclosed in cabinets, sized only for the

necessary equipment and camouflaged using paint that matches

the surrounding environment.

(e) Security. All equipment and facilities shall be installed in a manner to

avoid being an attractive nuisance and to prevent unauthorized access,

climbing, graffiti, and vandalism.

(f) Safety. All WCF, including each piece of equipment, shall be located and

placed in a manner so as to not interfere with the use of the PROW;

impede the flow of vehicular, bicycle, or pedestrian traffic; impair the

primary use and purpose or poles, signs, and traffic signals or other

infrastructure; interfere with outdoor dining areas or emergency facilities;

or otherwise obstruct the accessibility of the PROW or property. Further,

all WCF and associated equipment shall comply with applicable

Americans with Disabilities Act requirements.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 7 of 14

(g) Noise. WCF and all accessory equipment and transmission equipment

must comply with all the noise regulations of the city in which the WCF will

be constructed.

(h) Lighting. No WCF (that is not a light pole) shall have illumination unless

specially required by the Federal Aviation Administration or other

government agency. Any required lighting shall be shielded to eliminate

impacts on the surrounding areas and sensitive biological resources.

(i) Signs. No WCF may display any signage or advertisement unless it is

expressly allowed by this Section or requires by law or a permit condition.

Every WCF shall at all times discretely display signage that accurately

identifies the WCF owner and provides the owner’s unique site number

and a local or toll-free telephone number to contact the WCF owner’s

operations center.

(j) Landscaping. In addition to any landscaping proposed by the applicant for

concealment or screening purposes, the applicant shall repair and/or

replace any existing landscaping displaced during construction or

installation of the applicant’s WCF. The applicant’s landscaping plan shall

be subject to the District’s review and approval but shall, at a minimum

match the existing landscaping and foliage surrounding the installation

site.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 8 of 14

(k) Pole-Mounted WCF. Any pole-mounted WCF must be comply with the

following standards, in addition to the requirements and standards

identified above:

1. WCF on Existing Poles:

a) Stealth. The WCF should be a Stealth Facility.

b) Antennas and RRUs. Antennas and RRUs shall be

integrated in the least visually intrusive manner.

c) Dimensions. Each antenna shall be of the smallest size

technically feasible, but in no case more than three 93) cubic

feet in volume.

1) A pole-top WCF, including shroud, shall be of the

smallest size technically feasible, but in no case more

than eighty-four (84) inches in height and twenty (20)

inches in diameter

2) All side-mounted WCFs shall be of the smallest size

technically feasible and shall not project from the pole

more than twelve (12) inches.

d) Cables and Wiring. All cables and wiring must be within the

pole. If location within the pole is not feasible, all cables and

wiring must be within the conduit on the exterior of the pole.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 9 of 14

The conduit must be a color that matches the pole and of the

smallest size technically feasible.

2. Replacement Pole. If an applicant proposes or is required to install

a replacement pole to accommodate the proposed WCF.

a) Placement. A replacement pole must be installed in the

same location as the pole that it is replacing or as close to

the original location as feasible, taking into account pole

owner safety-related requirements and all applicable location

and placement standards herein.

b) Design. A replacement pole should match the design (e.g.,

color, dimensions, height style and materials) of the existing

pole that is being replaced to the greatest extent feasible. A

replacement pole for a WCF can exceed the height,

diameter, and proportion of an original pole, up to a

maximum of 10 (ten) percent to the extent needed to

feasible integrate antennas, accessory equipment, and

interior cabling and wiring, if the exceedance would be

greater than 10 (ten) percent, a replacement pole with WCF

components mounted to the exterior may be proposed.

c) Cables and Wiring. All cables and wiring must be concealed

within the structure.

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 10 of 14

d) Stealth. The WCF, inclusive of the replacement pole, should

be a Stealth Facility.

e) If the WCF proposes a replacement pole with components of

the WCF mounted to the exterior of the pole, the provisions

of Section 15.05(k)1 shall apply.

3. New (Non-Replacement) Poles.

a) Exception Required. New poles are prohibited, unless an

exception is approved by the District.

b) Design. A new pole shall have a maximum height of thirty-

five (35) feet, including WCF, and a maximum diameter of 14

inches, and any base enclosure shall not exceed 24 inches

in width or height. If existing poles are present in the

surrounding area, then the new poles in appearance, color

materials, and distribution pattern/spacing.

c) New Wooden poles are prohibited.

d) Cables and Wiring. All cables and wiring must be concealed

within the pole.

e) Antennas and RRUs. Antennas and RRUs shall be

contained within the pole and its base.

f) Stealth. The WCF must be a Stealth Facility

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 11 of 14

(i) General Orders. All installations shall comply with applicable California

Public Utilities Commission (“CPUC”) General Orders, including, but not

limited to General Order 95. None of the design standards are meant to

conflict with or cause a violation of CPUC General Orders. Accordingly,

project consistency with this code may be evaluated on a case-by case

basis if it is demonstrated that deviation is necessary to ensure

compliance with CPUC rules on safety.

(m) Exception

1. The Executive director (or his or her designee) may, at his or her

sole discretion and consistent with the criteria below and the

requirements of the Article, grants an exception in any of the

following circumstances:

a) If an applicant demonstrates to the District, in writing that the

applicant is unable to propose a project that complies with

specific identified requirements of this Article, and denial of

an application would, within the meaning of federal law,

prohibit or effectively prohibit the provision of personal

wireless services, or otherwise violate applicable laws or

regulations. All exceptions approved pursuant to this

subsection shall be (1) granted only on a case by case

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 12 of 14

basis, and (2) narrowly-tailored so that the requirements of

these design standards are waived only to the minimum

extent requires to avoid the prohibition or violation; or

b) If an applicant demonstrated to the District, in writing, with

evidence set forth in a feasibility study that (1) compliance

with a requirement of Section 15.05(e)-(k), above, would be

technically infeasible, (2) the proposed WCF complies with

the requirements of these design standards to the greatest

extent technically feasible, and (3) the proposed WCF would

meet the intent and goals of this Article with respect to

protection of coastal resources (including aesthetics,

sensitive biological resources, and visual and physical public

access); or

c) If an applicant demonstrates to the District, in writing, that

the particular engineering, design or location proposed

involves only minor non-compliance, as determined by the

District, with a requirement of these design standards but

such non-compliance either results in no increase in adverse

impacts to coastal resources, the public, other uses and

users of tidelands, or provides other benefits. For example,

and exception to the WCF location limitations may be

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 13 of 14

granted when the applicant can demonstrate that the

placement is less visible from public viewsheds or shielded

by vegetation or existing infrastructure (such as barriers or

structures), or is less physically intrusive (for example, less

impactful to tree roots or reduces noise), or the applicant can

demonstrate that in a multi-site deployment, the placement

would reduce the overall number of sites needed and be no

more visibly or physically intrusive than placement in

accordance with the WCF location criteria; or

d) For new non-replacement poles, if the applicant

demonstrated to the District in writing that the design better

achieves “stealth” design and consistency with the intent and

standards of the Design Standards than us of existing or

replacement infrastructure. The applicant must submit

evidence of existing infrastructure within the applicant’s

target placement area and describe why alternatives to the

new non-replacement pole are not feasible or why the use if

the proposed non-replacement structure better achieves

“stealth” design.

2. Among other factors, in deciding whether or not to grant an

exception, the District may consider the impact of future expansions

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Article 15 – Wireless Communication Facilities – Design Standards Section 15.05 – Page 14 of 14

to the WCF that the applicant or other party m ay be entitled to

make as of right if granted.

3. any exceptions must be requested in writing. The request must

include both the specific Section(s) from which exception is sought

and the basis of the request, including all supporting evidence on

which the applicant relies. Any request for exception after the

District has deemed an application complete constitutes a material

charge to the proposed WCF and shall be considered a new

application. A request for exception from one or more requirements

of this Article does not relieve the applicant from compliance with all

other applicable provisions of law or of the District’s regulations.

(Enacted April 12, 2022 – Ordinance No. 3041)

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Article 15 – Wireless Communication Facilities – General Requirements Section 15.06 – Page 1 of 1

SECTION 15.06 – GENERAL REQUIREMENTS

(a) All WCF shall use flat-rate electric service or other method that removes

the need for a separate above-grade electric meter. If flat-rate service is

not available, applicants should install a stealth smart meter. Any separate

ground-mounted electric meter pedestals and discouraged.

(b) All WCF are required to have a disconnect switch, which should be

mounted and treated to match the existing design.

(Enacted April 12, 2022 – Ordinance No. 3041)

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Section No. 15.07

Article 15 – Wireless Communication Facilities – Denial

Section 15.07 – Page 1 of 1

SECTION 15.07 – LEGAL NON-CONFORMING WCF

A WCF that was lawfully constructed, erected, or approved before the effective

date of this Article, provided such WCF secured all necessary approvals, real estate

agreements, and permits from applicable agencies, and this is operating in compliance

with all applicable laws, and which facility does not conform to the requirements of this

Article shall be deemed a legal non-conforming WCF.

(Enacted April 12, 2022 – Ordinance No. 3041)

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San Diego Unified Port District – Port Code Section 15.08 – Page 1 of 1

SECTION 15.08 - REMOVAL

Any operator of a WCF that intends to abandon or discontinue use of a WCF

must notify the District, in writing, as per the real estate agreement for the WCF or, if

there is no real estate agreement, written notification shall be provided no less than

thirty (30) days prior to such abandonment or discontinuance of use. The operator shall

have ninety (90) days from the date of abandonment or discontinuance of use,

commencing from the District’s receipt of the written notification, or a reasonable

amount of additional time as may be approved by the District, to (1) obtain necessary

permits to remove the WCF, complete removal of WCF and restore the site to its

original condition or as otherwise specified by District, (2) obtain necessary approvals

and real estate agreements to transfer the rights to use the WCF to another telecom

operator or owner, or (3) continue to use the WCF. If an operator of a WCF fails to

remove a WCF, as may be required by this Section or their real estate agreement, the

District may remove the WCF at the operator’s sole cost and such operator shall be

liable for the entire cost of removal, repair, restoration, and storage (if any) associated

with the WCF.

(Enacted April 12, 2022 – Ordinance No. 304

San Diego Unified Port District – Port Code

Section No. 15.09

Article 15 – Wireless Communication Facilities – Denial

Section 15.07 – Page 1 of 1

SECTION 15.09 – DENIAL

If an applicant submits a completed application to the District, complying with all

requirements outlined in 15.04(a), the District’s denial of any complete application will

be in writing and comply with applicable law.

(Enacted April 12, 2022 – Ordinance No. 3041)

San Diego Unified Port District – Port Code