$49/month with NO initiation fee!
BAHIA CORINTHIAN YACHT CLUB
RULES AND REGULATIONS
(As Amended September 2013)
The Club does not warrant the sufficiency, condition or state of repair of its facilities or equipment. Members, families, guests, agents, service persons and others using Club facilities and equipment do so at their own risk.
The Board of Directors adopts rules and regulations it deems advisable to insure the greatest possible pleasure, comfort and convenience for members, their families and friends. Members are requested to familiarize themselves with these rules and to cooperate in their observations. Suggestions for changes and additions may be made in writing to the Executive Committee.
(i) Types of Permits – Different types of parking permits may be issued in respect of (a) different types of vehicles (for example, a permit sticker, a card for display on the dashboard or hangers for rear view mirrors for cars and trucks, a sticker for motorcycles and other vehicles and trailers), (b) Members, (c) Guests and (d) Vendors. Permits may be numbered and accounted for by the Club;
(ii) Expiration – Guest and Vendor parking permits expire as shown thereon; Member permits expire when the holder is no longer a Member of the Club in good standing, in which case the former Member or Member not it good standing automatically relinquishes all parking privileges and must return the issued parking permit (permit sticker) to the Club. The permit also will expire when cancelled for cause, as set forth elsewhere herein.
(iii) No Club Responsibility for Loss, Damage or Injury – The Club assumes no responsibility or liability for loss damage or injury to any person, vehicle, trailer or its load (and all accessories and contents of such vehicles, trailers and loads) in on or around the parking lot resulting from vehicular or other negligence, fire, theft, collision, vandalism, water, explosion, flood, collapse, structural failure, subsidence, intentional acts, law enforcement, riots, insurrection, terrorism, acts of war, acts of God or other causes, it being the policy of the Club that use of the parking lot is at permit holder’s risk, and by accepting a parking permit for the parking lot, the holder agrees to accept all such risks and that Club shall have no such responsibility or liability.
(iv) Limitations on Use of Parking Permits – Parking permits may NOT be duplicated, sold, subleased, given, lent, or otherwise transferred to friends, guests, employees or any other person, and any attempt to do so shall be void and subject to action as set forth herein.
(v) Member’s Parking Without Permits – In those instances when a Member’s permit is forgotten, a temporary Guest permit should be requested from the front office. If the front office is closed, a clearly dated note with the Member’s name should be prominently placed on the dash or other area of the vehicle as appropriate to the vehicle to inform the Club’s staff or security personnel.
(vi) Cancellation of Suspension of Permits – Notwithstanding anything to the contrary herein, the Club’s Commodore or its Executive Committee shall have the right to cancel, modify or suspend any permit at any time in the best interests of the Club.
The following rules and policies apply to employees. Theses rules are in addition to those set forth in the Club’s Employee Handbook.
PORT RULES AND POLICIES
The following Port Rules and Policies (collectively, the “Port Rules”) govern the operation and management of all Bahia Corinthian Yacht Club (the “Club”) port facilities, including docks (the “Marina”), outside dry storage (the “Boat Yard”) and inside dry storage (the “Inside Dry Storage”). From time to time, circumstances may arise that are outside the scope of, or in the judgment of the Board of Directors require deviation from, the Port Rules. Under such circumstances, the Board of Directors may make policy decisions, which are considered by the Board of Directors to be in the best interest of the Club.
The following general rules and policies apply to the Marina, Boat Yard and Inside Dry Storage:
Port Captain’s Authority to Require Compliance; Failure to Comply. The Port Captain has the responsibility and authority to require compliance with the Port Rules for the Marina, Boat Yard and Inside Dry Storage, as well as any other areas on the Club grounds used to store marine related equipment. The Port Captain, at his or her discretion, may ask the offending member to correct an infraction of the Port Rules either verbally or in writing. Failure to comply with a notice of infraction may result in fines and/or subsequent cancellation of rental space pursuant to Port Rule A.5, A.21 or A.22 below.
Additional Persons with Authority to Require Compliance. The General Manager, the Vice Commodore (or in the absence of the Vice Commodore), the Commodore also have the authority to require compliance with the Port Rules. Members of the Marina Committee will normally be available to assist members and guests and to answer questions relative to Club port facilities. They represent the Port Captain and shall also have the responsibility and authority to require compliance with the Port Rules.
Fitness of Vessels. All vessels using Club facilities must be maintained in a shipshape and seaworthy condition at all times. Vessels suspected to be in a sub-standard condition, especially involving safety and hazardous conditions, shall be reported to the Marina office. Such reports will be investigated and the tenant or guest is required to cooperate with any such investigation.
Port’s Captain’s Responsibility for Space Assignments. The Port Captain shall determine the size and class of boats to be assigned to any rental space in the Marina, Boat Yard or Inside Dry Storage. The Port Captain shall make space assignments in accordance with the “SPACE ASSIGNMENT POLICIES” set forth in Article B hereof.
Registration and Insurance. All yachts and boats using Club facilities must be identified with either a current “CF” registration number or documentation number and the boat’s name and home port when required by law. Current registration/documentation and proof of insurance must be provided to the Club office prior to commencement of any rental term in the Marina or Boat Yard and upon renewal of registration/documentation or insurance. In the event of any change in registration/documentation or insurance during a rental term, current information must be provided to the Club office within thirty (30) days of such change. Current registration or documentation and proof of insurance may be requested by the Club office at any time by written request sent by U.S. First Class mail, postage paid, addressed to a tenant at the address to which such tenant’s monthly billing is sent. If the tenant fails to provide current registration or documentation and proof of insurance within thirty (30) days of such a request, such tenant’s rental Vessel Mooring Agreement or rental agreement (the “rental agreement”) may, at the option of the Vice Commodore or Commodore, be immediately terminated upon written notice to the tenant and all property in the space may be removed and disposed of in such a manner as is permitted by law. All costs associated with such removal, including but not limited to moving and storage fees incurred by the Club in effecting removal and storage of the property, shall be charged to and paid by the tenant. If the tenant’s property remains on Club grounds following termination of the rental agreement, rental fees shall continue to accrue at the normal rate.
Signs and Decorations. No objectionable signs or decorations shall be displayed on boats in the Marina, Boat Yard or Inside Dry Storage. A bulletin board is available in the Clubhouse for notification of boats for sale. “For Sale” signs may not be displayed on boats in the Marina, Boat Yard or Inside Dry Storage.
Bicycles, Skates, Skateboards. The riding of bicycles, skates, skateboards, or any other vehicle, with exception of medical aids, on the docks, walkways, or ramps is expressly prohibited.
Limitation on Multiple Spaces. No member may rent a second space (within any of the Marina, Boat Yard or Inside Dry Storage) if there is an application pending for another member for a space of the same size. A member may rent a second space (within any of the Marina, Boat Yard or Inside Dry Storage) if there is no other application pending for another member for a space of the same size. The rental term on such a second space shall be limited to twelve (12) months. After each successive twelve (12) month term, such second space shall once again be offered to the membership in accordance with the Port Rules. If there is no application for the space by another member, the current tenant may rent such second space for an additional twelve (12) month term. Notwithstanding the foregoing, in the event that one of the two boats a member has in the Marina is a Bay Boat (as defined in Rule B.6.a. below), the twelve (12) month rental term limitation for the second space shall not apply. Members may not rent more than two spaces within any of the Marina, Boat Yard or Inside Dry Storage. The foregoing does not preclude a member from having one space in each of the Marina, Boat Yard and Inside Dry Storage, or any combination thereof (e.g., a Marina space and a Boat Yard space).
Trash and Discarded Gear. All trash and discarded gear shall be placed in receptacles provided. Nothing may be thrown into the harbor. All areas shall be left as clean as they were found.
Marina Restrooms. Marina restrooms and showers are provided for the use of Marina tenants, Marina guests, junior program participants and participants in other activities as determined by the General Manager. Those who use these facilities must assist in keeping them clean and orderly.
No Major Work on Boats. No major work or overhaul of boats may be performed in the Marina, Boat Yard or Inside Dry Storage without the permission of the Port Captain. The removal of bottom paint in the Marina, Boat Yard or Inside Dry Storage or using the crane for such purpose is strictly prohibited.
Maintenance and Minor Work. Maintenance and minor work on boats berthed in the Marina or stored in Dry Storage may be performed in the space assigned to the boat, provided that other boats and Club property are protected and hired service/repair persons or entities are in compliance with the insurance requirements of these Port Rules, and all applicable Federal, State and local rules and regulations. Work on members’ boats not having rental space shall be at the discretion of the Port Captain. Work on non-member boats is strictly prohibited. All hired maintenance personnel, repair personnel, contractors and suppliers are required to have an Access Permit on file with the office. The boat owner and the person who has authorized the work assumes responsibility for the acts and conduct of such persons while they are employed by him or her, whether as independent contractors or otherwise.
Member Responsibility for Repair and Maintenance Personnel. Members are responsible for repair and maintenance personnel whom they allow to have access to the Club for work purposes. If possible, members should notify the Club office, and should advise the repair and maintenance personnel of the Access Permit requirements for such persons.
Member Duty to Inform Guests; Limitations on Club Responsibility. Boating is an active sport. Members are responsible for informing their guests that boating is an active sport in which all participants including passengers are at risk of sustaining injury. Members are responsible for informing their guests that as passengers on the member’s boat, the member’s guests assume the risk of injury. The Club has no obligation to warn members or their guests of the risks associated with boating. The Club will not be responsible for any lost or stolen items, nor will it be liable for the cost of or payment for any work done by persons hired by members.
Club Burgee Required. It is mandatory that member boats in the Marina fly the Club burgee and that such burgee be in good condition. This requirement shall not apply to racing boats prohibited from flying a burgee. Following written notice and fifteen (15) day period to cure, the Port Captain shall have discretion to replace any Club burgee on a member boat in the Marina, which is not in good condition, and the cost of the new burgee shall be charged to the member’s Club account.
Suspension or Termination of Member Privileges. The Board of Directors may suspend or terminate a member’s privilege to use the Club port facilities at any time for action or behavior on the part of the member, his/her family, or guests that is considered detrimental to the Club’s interests.
Rental Fees. Rental fees will be charged according to the schedule of fees established by the Board of Directors from time to time.
Condition of Boats, Trailers and Covers. Boats, trailers, and covers must be kept in good and operable condition. Good and operable condition is defined to include, but is not limited to, no flat tires, torn covers, or any other deficiencies.
No Storage of Flammable Liquids. There shall be no storage of flammable liquids in dock boxes, inside storage areas, on docks, on trailers or on pavement.
Cleats and Wheels. Cleats and wheels shall not be removed, added or modified without prior approval of the Port Captain.
Notice of Violations Involving Matters of Safety or Serious Inconvenience; Corrective Action. Whenever there is a violation of one or more of the Port Rules that involves a matter of safety or serious inconvenience to the Club or a marina tenant or guest, the Vice Commodore, Commodore or Port Captain may authorize immediate steps to correct the violation or to authorize notification of the marina tenant by telephone. Notice shall also be given in accordance with Article A, Section 22 and fines shall be imposed and rental charges shall be incurred as set forth therein. Whenever there is a second violation of one or more of the Port Rules that involves a matter of safety or serious inconvenience to the Club or a marina tenant or guest of the same nature within any 6 month period, the Vice Commodore, Commodore or Port Captain may authorize immediate steps to correct the violation or to authorize notification of the marina tenant by telephone, notice shall also be given in accordance with Article A, Section 22 and fines shall be imposed and rental charges shall be incurred as set forth therein and such tenant’s rental agreement may, at the option of the Vice Commodore or Commodore, may be immediately terminated upon written notice to the tenant. Following termination of the rental agreement, all property in the space may be removed and disposed of and the costs associated with removal and storage and rental fees shall be incurred in accordance with Article A, Section 22.
Notice of Other Violations; Corrective Action. Whenever there is a violation of one or more of the Port Rules that does not involve a matter of safety or serious inconvenience to the Club or a marina tenant or guest, the offending tenant may be given written notice by U.S. First Class Mail, postage prepaid, addressed to such tenant at the address to which the tenant’s monthly billing is sent, identifying the violation and applicable slip or space number, and requiring corrective action within fifteen (15) days of the date of the notice to remove the condition(s) creating the violation. If the same violation still exists, in whole or in part, on the 10th day from the date of the notice, a fine at the current rate set by the Executive Committee (in addition to the regular rent) shall be assessed and charged to the offending tenant. If that same violation, in whole or in part, still exists on the 15th day from the date of the notice, a second fine at the current rate set by the Executive Committee (in addition to the regular rent) shall be assessed and charged to the offending tenant, and such tenant’s rental agreement may, at the option of the Vice Commodore or Commodore, may be immediately terminated upon written notice to the tenant. Following termination of the rental agreement, all property in the space may be removed and disposed of in such a manner as is permitted by law. All costs associated with such removal, including but not limited to moving and storage fees incurred by the Club in effecting removal and storage of the property, shall be charged to and paid by the offending tenant. If the tenant’s property remains on Club grounds following termination of the rental agreement, rental fees shall continue to accrue at the normal rate.
Sabot Trailers, Paddle Boards, Etc. When not in use, sabot trailers and paddle boards shall be placed in a manner which will not block dock walkways or impede the ability of members and guests to use the docks.
Effect of Failure to Enforce. Failure to enforce any of the Port Rules at any time, or from time to time, against one or more members shall not be construed as a waiver of the right to enforce such Port Rules against any other member.
SPACE ASSIGNMENT POLICY
The following rules and policies apply to Marina, Boat Yard and Inside Dry Storage space assignments. The Port Captain and the Vice Commodore, acting together, shall have the authority to make all determinations with respect to this space assignment policy, include any variances from this space assignment policy, which they deem to be in the best of interest of the Club.
Members Eligible for Marina, Boat Yard and Inside Storage Space. Marina space is available to Founder (FM), Regular Flag (RF), Special Flag (SF) and JFlag (JF) members only. Boat Yard space is available to all classes of members, with the exception of Non-Resident (NR), Junior, Honorary and Courtesy. Inside storage is available to all classes of members, with the exception of Non-Resident (NR), Honorary and Courtesy.
Right to Hold Title to Vessel in a Trust or Entity. A Club member may hold title to a vessel in (i) a family trust so long as the Club member remains a trustor and beneficiary of the trust holding title to the vessel during the member’s lifetime, (ii) a trust other than a family trust so long as all of the beneficiaries of the trust holding title to the vessel are qualified Club members as defined in Port Rule B(1)(a), (iii) a California partnership or a partnership qualified to do business in the State of California so long as all of its partners are qualified Club members as defined in Port Rule B(1)(a), (iv) a California limited liability company or limited liability company qualified to do business in the State of California so long as all of its members are qualified Club members as defined in Port Rule B(1)(a); or (v) a California corporation or corporation qualified to do business in the State of California so long as all of its shareholders are qualified Club members as defined in Port Rule B(1)(a). All licensing, registration and/or insurance required under the rental agreement shall identify the entity holding title and, to the extent legally possible to do so, its beneficiary/ member(s)/ partner(s)/ shareholder(s) as applicable. Any transfer of ownership in the entity, be it upon death, transfer or sale of the Club member’s interest shall be subject to all Port Rules and Policies then in effect as relates to transfers by a Club member. Notwithstanding the manner of holding title, the Club members shall remain responsible for adherence to Port Rules and Procedures as well as the terms and conditions of the rental agreement. In the event two or more non-family Club members hold title in a trust other than a family trust, limited liability company, partnership or corporation, their ownership must be in equal shares.
Approval of Governing Documents. The Executive Committee must approve the governing documents of all trusts, partnerships, limited liability companies and corporations owning vessels in the Marina or Boat Yard for compliance with Port Rules and Policies and general eligibility to occupy space prior to the entering into of a rental agreement. The continuation of the rental agreement, after changes in ownership in a trust which is not a family trust, a partnership, corporation, limited liability company, will also be predicated on the approval of the governing documents of the entity.
Leased Vessels. A member may occupy a space in the Marina, Boat Yard or Inside Dry Storage with a boat leased from another party (either member or non-member); provided, however, that the lease must prohibit use of the boat by any non-member including the owner. All boat leases must be approved by the Executive Committee prior to the boat occupying a space. A member may not lease his/her boat to a non-member and retain his/her space in the Marina, Boat Yard or Inside Dry Storage.
No Commercial Use. No space will be assigned to any member for commercial use.
Optimization of Utilization of Spaces. Except under special circumstances relative to width and location of space, boats will be assigned to provide the best utilization of space available and to provide the optimum usage to the Club. Normally, boats will not be assigned to spaces that are nominally 10% longer or shorter than the boat.
Determination of Overall Length. The length of a boat will be determined by the overall length including bowsprit or bow anchor, swim step, dinghy or davits, or any overhang. Prior to occupying a space in the Marina or Boat Yard, an official measurement of the boat by the Measurer or the Port Captain shall be required. The determination by the Port Captain that the boat is of appropriate size for an assigned space is a condition precedent to the effectiveness of the rental agreement for any space in the Marina or Boat Yard.
Schedule of Fees. Fees will be charged according to the schedule of fees established by the Board of Directors from time to time.
Physical Inspection Requirements. Prior to assignment of a space, the member will be required to physically inspect the space and to sign a rental agreement on the form then prescribed by the Club. These rental agreements, together with the Port Rules, cover all details (legal and regulatory) regarding responsibilities of the member while occupying space in the Marina, Boat Yard or Inside Dry Storage.
Designation of “To Be Assigned” Status. If the available slip does not have adequate depth for the selected member’s boat draft, as determined by the Port Captain, that applicant shall be designated “to be assigned” status and will be granted priority for the next available same size slip. In the event of multiple “to be assigned” members for the same size slip, priority shall be determined by the earliest date of the “to be assigned” status.
ASSIGNMENT OF SPACES
Space Assignments; Acceptance Required within 3 Club Business Days. Space assignments will be made by the Port Captain as space becomes available in each size range. Applicants will be contacted in order of seniority on the waiting list (determined in accordance with Rule B.4. below) and will have the right of first refusal. If the applicant has not accepted the space within 3 Club business days of being contacted by the Club, the applicant will be deemed to have declined the space. Position on the waiting list will not be affected by refusal. If there is no response from members on the wait list, notice of the availability of the space will be given to all members qualified to have a boat in the Marina or Boat Yard.
Space Occupation within Ninety (90) Days; Request for One Extension. Applicants who accept a space must occupy the space with a boat of the appropriate size within ninety (90) days. Failure to occupy the space will be cause for reassignment of the space. A request for one ninety (90) day extension may be made in writing to the Port Captain and Vice Commodore.
Rental Fees Commence Upon Acceptance. Rental fees will apply from the time the space is assigned and available.
APPLICATION FOR WAITING LISTS FOR BOAT SPACE
Maintenance of Waiting Lists. The Marina Manager will maintain and post updated waiting lists monthly, based on the date of the deposit check accompanying the application, type and size of space, the class of membership, and the provisions listed below.
Applications for Boat Space. Application for boat space will be made to the Club office on the waiting list application form. A separate application is required for each of the separate waiting lists. For Marina space waiting lists, a deposit of $100.00 must be submitted by check with each application for a waiting list. For Boat Yard space waiting lists, a deposit of $25.00 is required with each application for a waiting list. Deposits are refundable at the option of the member upon the assignment of a space or withdrawal of the application. A member may remain on a waiting list, and thus retain the member’s waiting list priority date, following assignment of a space by leaving the member’s deposit on account with the Club.
Concurrent Applications for Spaces on Multiple Waiting Lists. A member may concurrently apply for more than one size space in the Marina or Boat Yard. An application form and a $100.00 deposit must be submitted for each size space applied for in the Marina. An application form and a $25.00 deposit must be submitted for each size space applied for the Boat Yard.
Movement to Different Space of Same Size. Members currently occupying space of a given size in the Marina (excluding Temporary Tenants under Rule B.5.d. below), who are not on the waiting list and who wish to move to a different space of the same size, shall submit a waiting list application accompanied by a $100.00 deposit. Such a member’s waiting list priority date will be the member’s original date of entry into the Marina. Members currently occupying space of a given size in the Boat Yard (excluding Temporary Tenants under Rule B.5.d. below), who are not on the waiting list and who wish to move to a different space of the same size, shall submit a waiting list application accompanied by a $25.00 deposit. Such a member’s waiting list priority date will be the member’s original date of entry into the Boat Yard.
Movement to Space of Different Size. Current Marina tenants (excluding Temporary Tenants under Rule B.5.d. below) who are not on the waiting list and who wish to move to a different size Marina space, shall submit a waiting list application accompanied by a $100.00 deposit for the waiting list to which the member desires to be added. Such a member’s waiting list priority date will be the member’s original date of entry into the Marina. Current Boat Yard tenants (excluding Temporary Tenants under Rule B.5.d. below) who are not on the waiting list and who wish to move to a different size Boat Yard space, shall submit a waiting list application accompanied by a $25.00 deposit. Such a member’s waiting list priority date will be the member’s original date of entry into the Boat Yard, as applicable.
Relocating Members Charged for New Slip and for Vacated Slip for Thirty (30) Days. Due to Marina slip relocations causing the Club loss of Marina revenue, a member electing to relocate from their current Marina slip will be charged up to an additional thirty (30) days of the vacated slip’s rent.
WAITING LIST PRIORITY
Position on Marina Waiting Lists. Waiting list priority will be governed by the earlier of (i) the date of the deposit check accompanying the application for each size space or (ii) the member’s original date of entry into the Marina or Boat Yard, if applicable. Upon termination of a Marina rental agreement a member may be placed on a Marina waiting list by submitting an application and a $100.00 deposit. If the application is made within ninety (90) days of the Marina rental agreement termination, the position of the member on the list will be determined by the member’s original date of entry into the Marina. Applications made after ninety (90) days will be processed as a new application without regard to the member’s original date of entry into the Marina.
Position on Boat Yard Waiting Lists Upon termination of a Boat Yard rental agreement, a member may be placed on a Boat Yard waiting list by submitting an application and a $25.00 deposit. If the application is made within ninety (90) days of the Boat Yard rental agreement termination, the position of the member on the list will be determined by the member’s original date of entry into Boat Yard, as applicable. Applications made after ninety (90) days will be processed as a new application without regard to the member’s original date of entry into the Boat Yard. Notwithstanding the forgoing, the waiting list priority of JF members shall be subject to Section 2.3(a)(iii) of the Club’s Bylaws.
Reservation of Boat Yard Spaces for Active Racing Sailboats. Boat Yard spaces #40, #41, and #42 are reserved for racing sailboats 25 feet and larger, which actively race under the Club burgee. The Port Captain and Sail Fleet Captain will make these space assignments and conduct an annual review of these assignments. If a qualified racing sailboat is not available to fill a space, the Port Captain may assign it on a month-to-month basis to another boat. Within this class of racing sailboats, the current waiting list and priority structure shall be used. Notwithstanding the forgoing, the waiting list priority of JF members shall be subject to
Section 2.3(a)(iii) of the Club’s Bylaws.
TRANSFERS, TEMPORARY RENTAL, AND CANCELLATION OF SPACE
No Transfer of Spaces. Under no circumstances may a space be transferred from one party to another, either member or non-member. A space is not transferable with the sale of a boat.
No Exchange of Spaces. Members are not permitted to exchange spaces.
Space Remains in the Name of Member to Whom it was Assigned. If a member sells or assigns a portion of his/her interest in a boat occupying a space, whether in the Marina or Boat Yard, the space must remain in the name of the original owner/member. If the original owner/member subsequently sells or assigns his/her Club membership or sells or assigns his/her entire interest in the boat, the space must be vacated. The buyer, if a Club member, may be placed on the waiting list as of the date of the original purchase of his/her interest in the boat. Proof of this date must be presented to the Port Captain in the form of a canceled check or other notarized document.
No Sub-Rental of Space; Temporarily Vacating of Space. Space is assigned for the mooring or dry storage of the member’s boat only. The member may not sub-rent the space to another party, either member or non-member. If a member vacates his/her space on a temporary basis, the Club may rent out the space on a temporary basis during the member’s absence. The member will be credited for a percentage of the rent collected, not to exceed the normal monthly rate, in accordance with the following schedule:
|Less than 3 days||No reimbursement|
|3 – 6 days||50% reimbursement|
|7 – 30 days||80% reimbursement|
|More than 30 days||90% reimbursement|
A member occupying a space on such a temporary rental basis (a “Temporary Tenant”) shall not be considered a tenant with respect to waiting list or relocation priority.
Vacating Space Upon Sale of Vessel; Retention for Ninety (90) Days for Intended Acquisition of Replacement Vessel. Within 24 hours of transfer of all or part of the vessel ownership to a non-member the vessel must be moved out of the marina, unless it is otherwise eligible to remain. If a member sells his/her boat to a member, the space must be vacated within thirty (30) days. If the member intends to acquire another boat of the same size, he/she may retain the space for ninety (90) days. Requests for extensions must be made in writing to the Board of Directors.
Notifying Club of Absence from Marina, Boat Storage or Inside Dry Storage to Avoid Abandonment of Space. The Club must be notified if a member’s boat is to be out of its assigned Marina space for ten (10) or more consecutive days or its assigned Boat Yard or Inside Dry Storage space for thirty (30) or more consecutive days. Failure to notify the Club may be considered an abandonment of the space, and the rental agreement may, at the Club’s option, be terminated.
Rental Agreement Termination for Failure to Occupy for Ninety (90) Consecutive Days. If a space is not occupied by the owner’s boat for ninety (90) consecutive days, the rental agreement will be terminated. Requests for extensions must be made in writing to the Board of Directors.
A “Bay Boat” is defined as a vessel (normally under 26 feet in length) not intended by the designer for distance racing or cruising in the open ocean.
Marina space for Bay Boats is limited to the following slip numbers: A2, B4a, B4b, C2a, C2b, E2a, F1, F8a and F8b.
Sailboats that are required to be kept in the water in order to qualify for racing and that race under the Club burgee, may be assigned to Bay Boat spaces or other slips in the marina.
Definition of Cruising Tenant. A “Cruising Tenant” is defined to be a marina tenant who vacates a slip in the marina for the sole purpose of long distance cruising. The cruise must be over 1,000 nautical miles round-trip of sea travel and may include a portion shipped by freighter.
Requirement of Prior Executive Committee Approval. Cruising Tenant status must be approved by the Executive Committee prior to the tenant vacating the slip. A Cruising Tenant must remain on the marina wait list for the same size slip.
“To be Assigned” Status Effective Upon Return with Same Vessel. Upon return from cruising, with the same vessel as previously moored in the Marina, the applicant will be designated “to be assigned” status, in the same manner as Rule B(1)(k) and will remain highest priority for the next available same size slip. In the event of multiple “to be assigned” applicants for the same size slip, priority shall be determined by the earliest date of the “to be assigned” status.
Application Permitted Ninety (90) Days Prior to Return. A Cruising Tenant may apply for an available slip of the proper size ninety (90) days prior to the expected return date. It is the responsibility of the applicant to maintain communications with the Club office during the application period in order to receive notification of availability.
REGISTRATION DOCK AND GUEST DOCK
The following rules and policies apply to the Club’s Registration Dock and Guest Dock.
Registration Dock. The side-ties (#D1 and #D3/D5) directly in front of the Clubhouse shall be the Registration Dock.
Purpose and Restrictions on Use of Registration Dock. The purpose of the Registration Dock is to provide temporary docking for member yachts or guest yachts in order to register for guest privileges and obtain proper docking assignments. Guest yachts must be owned by members of yacht clubs having reciprocity privileges with the Club. A list of clubs having these privileges will be maintained in the Club office. Use of the Registration Dock is limited to two hours unless otherwise authorized by the Port Captain. Other use of the Registration Dock shall be at the discretion of the Port Captain.
Guest Dock. The 77-foot side-tie (#C11 and #C12) directly in front of the Clubhouse shall be the Guest Dock.
Use of the Guest Dock. The purpose of the Guest Dock is to provide temporary docking for member yachts and guest yachts. Guest yachts must be owned by members of yacht clubs having reciprocity privileges with the Club. A list of clubs having these privileges will be maintained in the Club office. Other use of the Guest Dock shall be at the discretion of the Port Captain, General Manager, Vice Commodore and Commodore.
Guest Dock Users Must Register in the Office. All persons using the Guest Dock, whether member or guest, must register at the office as soon as practical after their arrival, providing proof of insurance and registration. All Club guests and members will be required to display their appropriate yacht club burgee.
Use of Guest Dock by Reservation Only. Use of the Guest Dock will be by reservation only irrespective of whether the Club is open or closed. Members and guests wishing to use the Guest Dock should make reservations prior to arrival. Reservations requests for Opening Day may be made thirty (30) days prior to Opening Day.
Length of Guest Dock Stay. Guests and members may reserve space on the Guest Dock for a maximum of three (3) days. Longer stays are permitted upon approval of the Port Captain if space available and there are no other reservations.
Charges for Use of Guest Dock. A Club member may use the Guest Dock overnight once each month without charge. A fee (at the then prevailing rate) will be charged on a per-foot basis for each additional night. Non-members will be charged for all nights, subject to reciprocal agreements. Fees will be charged whether the boat is on the Guest Dock or in any other space in the Marina. Fees may be waived by the Executive Committee for special yachting events.
Relocation may be Required. Any person using the Guest Dock may be required to move their boat to another location in the Marina as directed by the Port Captain or other Club official to optimize the use of space.
No Use for Repairs or Maintenance. All boats or yachts on the Registration Dock and Guest Dock must be in shipshape condition. The Registration Dock and Guest Dock are not to be used for major repair or maintenance of boats or yachts. This includes sanding, painting, varnishing, carpentry, welding, engine repair or any other activity that may detract from the enjoyment of the Club by others.
Notification of Club of Availability of Slips for Guest Boats. Members are requested to notify the Club office or Port Captain when they intend to be out of their mooring spaces for weekends or longer, so that guest boats may be accommodated. Members may not make Marina, Boatyard or Inside Dry Storage spaces available for use by members or non-members. Only the Club may assign spaces for use by others.
Marina Use is a Privilege Requiring Compliance with Terms. The use of the Guest Dock, Registration Dock or any slip in the Marina on a temporary or long-term basis is a privilege and not a right. As such, the following will be strictly enforced:
Each Club member or guest utilizing the Registration or Guest Dock or any Marina slip on a temporary basis shall be provided written terms and conditions of their stay in the Marina.
A first time violation of any of the stated terms and conditions shall result in a written warning advising the individual(s) of the infraction.
A second violation within the same six (6) month period shall result in an immediate charge of five (5) times the stated per night rate and, at the option of the Vice Commodore or Commodore, forfeiture of the right to use the Guest Dock, Registration Dock or any slip in the marina on a temporary basis for a period of up to one (1) year.
A third violation within the same six (6) month period may result in towing of the vessel at the discretion of any member of the Executive Committee of the Club and, at the option of the Vice Commodore or Commodore, forfeiture of the right to use the Guest Dock, Registration Dock or any slip in the marina on a temporary basis for a period of up to one (1) year.
Dock reservations for the Holiday Boat Parade week will be accepted approximately 30 days in advance. Only BCYC members may make a reservation. Regular Flag members who are the registered boat owner can make one reservation per membership. There is no limitation with respect to multiple nights for the same vessel (i.e. if two Regular Flag members are partners in a boat they can each make a reservation). Once Regular Flag members have been satisfied, other classes of members may make reservations. The dock may not be used for commercial purposes during the Boat Parade; see Port Rule B1e.
RULES FOR BOAT YARD AND INSIDE DRY STORAGE
(including launching area, electric cart and crane)
The following rules shall be observed by all tenants and other users of the Boat Yard and Inside Dry Storage areas, including the launching area, electric cart and crane.
No Overhang Outside Space. No boat, outboard motor, trailer or other property or combination thereof stored in an assigned space shall extend on, over, or beyond the painted boundary lines of such space, or encroach into any part of another space or the driveway, including without limitation the tongue, wheels and other parts of trailers, bowsprits, rudders, spars, rigging, motors, or other things attached to or made a part of any boat.
Removal of Overhanging Boats, Trailers or Other Property. If a boat and/or trailer and/or appurtenances including, but not limited to those set forth in Rule D(1) above, cannot, because of their size or shape or combined size and shape, fit into the assigned space with violating the rule, the tenant of such space shall remove or cause to be removed the property and arrange to store it elsewhere.
Condition of Boats, Trailers and Covers. All boats, trailers and covers in Boat Yard and Inside Dry Storage spaces shall at all times be kept in good repair and working order and in a clean, tidy, and well maintained condition in all respects and shall not be permitted to rot, deteriorate, or allow standing water to pool.
Storage to Facilitate Ease of Movement. All stored boats, motors, and appurtenances shall be kept off the surface of the pavement on a trailer or other functional means of transport so that they can be easily moved if necessary.
Functioning Wheels and Tires. All trailers and other means of transporting a boat shall at all times have functioning wheels, and if equipped with pneumatic tires, they shall at all times be kept inflated.
Blocks under Trailer Tongue Wheels. Because of the softening of the asphalt paving in the Boat Yard during warm weather, blocks must be placed under trailer tongue wheels or supports while boats are in their spaces.
Timely Removal of Boats from Under Crane; Return of Trailers to Spaces. No boat or trailer shall be left in the launching area near the crane or by the fence adjacent to the Marina any longer than is reasonably necessary to complete hoisting and launching. After boat launching, empty trailers shall be returned to their respective spaces before rigging the boat.
Masts Required to be Stepped. Sailboats in the Boat Yard must either have their masts stepped or stored in another location, except as otherwise approved by the Port Captain.
Loose Gear to be Placed in Lockers or Removed. All loose gear must be kept in approved lockers or removed from the Club premises.
No Personal Racks, Lockers or Other Structures. No racks, lockers, or other structures may be erected in the Boat Yard.
No Storage in Unassigned Spaces. Nothing shall be stored in unassigned spaces. Spaces are assigned in the office to members only. Tenants shall sign Boat Yard or Inside Dry Storage rental agreements provided by the Club office before storing anything in the assigned space. Tenants shall observe all rules and requirements set forth therein, as well as the Port Rules. Boat Yard and Inside Dry Storage space tenancies are not transferable to other members and cannot be sublet without prior written consent of the Executive Committee.
Occupancy By Only the Boat Identified on Rental Agreement. The only boat to occupy an assigned space must be the boat listed on the Boat Yard or Inside Dry Storage rental agreement signed by the member.
Notice Required to Vacate Space. Members must give thirty (30) days written notice when they plan to vacate their space in the Boat Yard and must pay fees for that period.
No Parking in the Boat Yard. Parking is not allowed in the Boat Yard, except that member’s vehicles may temporarily enter to pick up or deliver trailers or heavy gear to be used in connection with their boats, provided that such entry does not interfere with the use of the Boat Yard facilities by others. Other than designated employee and valet parking, consistent with the Club’s Conditional Use Permit, no other vehicles may park in the Boat Yard without permission from the Vice Commodore or the Port Captain.
Electric Cart Operation. The electric cart shall only be operated by members over the age of 16 and guests over the age of 21 with a key checked out from the office and only by having a current driver’s license. The electric cart is to be used only for transport of boats and boat trailers inside the Boat Yard and must be returned to its shed after use.
USE OF THE CRANE
Use Only by Members and Other Approved Persons. The crane shall only be used by members of the Club and other persons approved by the General Manager, Port Captain, Vice Commodore or Commodore. When no other member is available to assist the member with launch or haul-out and where assistance is necessary, the member may obtain assistance from a child of that member in excess of 16 years of age who is (i) being supervised in such use by the member and (ii) no farther from the hoist controls than the length of the crane arm. Permission for any other use must be granted by the Port Captain.
Hours of Use. The crane may be used only between 0600 and 2200 hours.
Priority Use for Club Sponsored and Other Yachting Events. Persons launching or hauling their boats for scheduled yachting events will have priority for use of the crane, and boats participating in Club sponsored yachting events will have first priority.
No Wash Down or Servicing while Others are Waiting. Wash downs and servicing of boats in the launching area while others are waiting to use the Crane is not permitted. Only reasonable time will be allowed for launching and haul-out.
Care in Operation; Maximum Weight of 8,000 lbs. Exercise care while operating the crane and throughout each hoisting operation. The maximum weight limit is 8000 lbs.
Use of Properly Rated and Weight Tested Sling Required. Boats shall be lifted by the Crane with a properly rated and weight tested sling provided by the user. Each boat being hoisted must have its own properly fitted sling and/or lifting eyes. Jury rigs of the use of the slings that in the opinion of the Port Captain are not adequate will not be permitted.
Positioning of Crane Following Use. After use, secure the crane’s mast in the docked position (parallel to the dock). Secure the vertical shaft into the locked position. Reattach the chain to the rotation wheel. Turn off the key switch and turn off the breaker switch and return the padlock in the locked position. Secure the safety chain to the dock ladder and close both rolling gates.
Boat Yard and Crane Access. Keys and cards for the Boat yard and may be purchased at the Club office by Boat Yard tenants and members.
Temporary Trailer Placement by Members Other than Boat Yard Tenants. Provided there is available space in the Boat Yard, members who are not Boat Yard tenants and who use the crane to launch a boat may place the trailer in a place designated by the Marina Manager or General Manager. Members who are not Boat Yard tenants and who use the crane to launch a boat must confer with and receive approval of the Marina Manager or General Manager before leaving a trailer in the Boat Yard.
USE AT USER’S OWN RISK. Use of the Boat Yard, electric cart, crane, and other amenities is at the user’s own risk. The Club assumes no responsibility or liability for boats or equipment in the Boat Yard.
The following rules and policies apply to Club Inside Dry Storage facilities.
Storage Only in Racks. All dinghies must be stored in their assigned racks. Storage on the floor, in the aisles, or on dollies is not permitted.
Identification of Property. All loose gear, masts, booms, etc., must be identified with the owner’s name and other means of identification.
Storage of Dollies. Dollies must be returned to their storage area after launching of boats. Dollies are not to be left on the docks.
No Storage of Alcoholic Beverages or Flammable Materials; Inspection. No alcoholic beverages or flammable materials, such as paint or gasoline, shall be stored in lockers. The Port Captain, General Manager, Vice Commodore or Commodore may require that a locker be opened for inspection.
The following rules and policies apply to the rigging area.
Use of Rigging Area. The primary use of the rigging area is for the launching, rigging, and temporary mooring of boats from the Boat Yard. Under special circumstances, the rigging area may be used for the temporary mooring of larger boats.
Exceptions Permitting Boats to be Left in the Rigging Area. Boats are not to be left in the rigging area overnight, with the following exceptions:
When tide or weather conditions do not permit haul-out.
For scheduled racing events that do not permit haul-out between races.
Upon permission of the Port Captain occasioned by special circumstances
Keep Clear of Hoist Area. Boats must be kept clear of the hoist area during rigging or unrigging.
No Obstruction of Docks or Walkways. Sails and gear must be placed on the docks or walkways in such a manner as will not obstruct traffic or create a hazard to persons on the docks.
Boat Cleaning Procedures. (State of California Requirements)
Removal of Debris and Limitations on Hull Washing. Boats shall be removed from the water and cleaned such that debris is captured and properly disposed. In-water boat hull washing shall be prohibited, unless done by hand.
No In-Water Paint Removal. In-water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls is prohibited.
Use of Only Phosphate-Free and Biodegradable Detergents. Boat owners shall utilize only detergents and cleaning components for washing boats that are phosphate-free and biodegradable. Amounts used shall be minimized.
Prohibited Chemicals. The use of detergents containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye is prohibited for the purpose of cleaning the exterior of boats.
ENGINES AND BILGES
Bilge Pads. Use absorbent bilge pads to soak up oil and fuel.
Recycling and Disposal of Fluids. Recycle oil and diesel properly and dispose of unused portions at approved public facilities.
Vessel Fueling. Fuel all vessels utilizing approved public facilities.
No Discharge. Do not discharge bilge water if there is a trace of oil sheen on it. All waste bilge water shall be disposed at approved public facilities.
No Disposal of Fuel or Oil. Do not dispose any fuel or used oil in the harbor waters or the Club’s dumpsters on premises. Contact the Club office for a list of the nearest disposal and recycling locations.
PAINTING AND VARNISHING
Limits on Painting and Varnishing; No Spray Painting. Painting and varnishing shall be limited to minor touch-up and/or repairs. Major, full-scale painting or varnishing shall be accomplished in a commercial boat maintenance yard. Limit the amount of open solvents or paints on the docks to one gallon. Always mix paints and epoxy over contained pans or waterproof tarps. Spray painting is not allowed within the Marina, Boat Yard or Inside Dry Storage.
No Disposal of Paints or Solvents. Do not dispose of paints or solvents in the harbor waters or the Club’s dumpsters on premises. Contact the Club office for a list of the nearest recycling locations.
Boat Cleaning Procedures. See Rule G(1) above. Use biodegradable cleaners, only.
Use of Tarps. Liberally use tarps to capture all debris and drips. Stretch tarps between side of boat and dock when working over the water. Vacuum dust and debris every time you move the tarp, or every hour.
Reverse Boat as Needed for Access. Reverse the boat in the slip to work on the far side.
No Discharge of Untreated Sewage. Untreated sewage should not be discharged overboard in the Marina, harbor or coastal waters except where permitted by law.
Sewage Storage and Disposal. Store sewage in holding tanks and dispose at specially designated public pump-out stations.
Pump-Out Services. The Club provides monthly pump-out services to Marina tenants. Contact the Club office for the phone numbers of commercial pump-out services, if additional services are needed.
Check MSD Type 1 Systems and Discharge Only as Permitted by Law. Ensure MSD Type 1 systems work properly and discharge only in permitted waters and when underway. Do not discharge Type 1 while moored in the Marina or harbor.
No Chemical Storage. Purchase only the amount you need for the minor maintenance work.
Paints and Solvents. Review storage of paints and solvents every six months, and properly dispose of old and unnecessary products at certified disposal sites.
TRASH AND SOLID WASTE DISPOSAL AND MANAGEMENT PLAN
Dispose in Trash Receptacles Only. Four closed containers identified with 6 inch letters “TRASH” are located as follows: One each on the dock at the south and north gangways; one at the top of the middle gangway; and one adjacent the boat hoist. All trash from boats, docks and the dry storage area shall be placed in closed containers located near the gangways and the boat hoist. No garbage may be thrown in the harbor.
Hazardous Materials and Fuels. Hazardous materials and liquids, fuels, paints etc., shall not be placed in these trash cans but disposed of at approved public disposal stations. Members and guest are required to remove discarded batteries from the Club premises and shall not be leave them on the docks or in the Boatyard or Inside Dry Storage areas.
Staff Maintenance of Inside Garbage Cans. The Club maintenance staff shall keep the inside garbage cans lined with plastic bags and pick up the full bags at least once a day. The full bags shall be placed in the large closed dumpster near the Clubhouse which is emptied twice weekly or more often if filled.
Large Containers Kept Closed. The large containers shall be kept closed at all time and routinely cleaned inside and outside daily or as needed by the Maintenance Staff.