1. INTRODUCTION:

As herein used the words “vessel owner” shall mean and refer to any member of the corporation, or as the text may require, any assignee or lessee of any member with a vessel currently registered at Delta Bay Marina and shall include masculine, feminine, neuter, singular, or plural as the context shall require.

As herein used, the word “vessel” shall mean and refer to any boat, vessel, or watercraft located within the boundaries of Delta Bay Marina or its adjacent waters.

As herein used, the word “member” shall mean and refer to any member of Delta Bay Club Inc corporation and shall include masculine, feminine, neuter, singular, or plural as the context shall require.

As herein used “DELTA BAY MARINA” shall mean and refer to the marina managed by Delta Bay Club Inc. and any employee or agent of the Corporation acting in such capacity and shall include masculine, feminine, neuter, singular, or plural as the context shall require.

All vessel owners, and invited guests as well as any other persons who might be lawfully entitled to use the facilities of the marina in any manner, are subject to the most current Rules and Regulations, are deemed to and do agree to abide by all of them in their entirety as herein stated, and as may be amended from time to time.

Every vessel owner can obtain a current copy of the Rules and Regulations upon registering, and the same shall be available from the Deltabay.org Website, and acknowledge by either using the facilities or filling out any paperwork with DELTA BAY MARINA that they have obtained that copy and agree to abide by them. Every vessel owner is requested to address any violation observed first with the violator. If this does not remedy the situation they are directed to report the violation of the Rules and Regulations to the Harbormaster.

If a vessel owner is deemed by Delta Bay Marina or its agent to have violated these Rules and Regulations, unless otherwise noted, one warning shall be given. If the violation occurs again, a fine of up to but not more than $100 per violation, per day, will be assessed no earlier than five (5) days thereafter. If the fine is unpaid, late fees, interest and liens against the vessel owner’s interests may ensue.

2. REGISTRATION OF AND ACCESS TO VESSELS:

Below is a list of Forms all vessel owners are required to complete and keep current.

Slip Renter Registration Form Requirements:
a. A Renters Slip Registration form for all renters (an additional form for each additional boat)
b. A Current vessel registration with USCG or California DMV
c. A Current Insurance Declaration Page with the proper coverage limits shown, all such insurance listing DELTA BAY MARINA as loss payee and additional insured, as applicable
d. A copy of a Current Lease agreement
e. Security Deposit of one month slip fee
f. Registered Dockwa account for billing
g. A Current Copy of the Boat Registration or Documentation.

An “DELTA BAY MARINA Slip Registration Form” is required from each Slip owner and renter in the marina. Owners must complete and file the “DELTA BAY MARINA Slip Owners Registration Form” with DELTA BAY MARINA for any vessel in a slip owned whether they intend to keep their own vessel in the slip or they intend to lease their slip. Each vessel owner leasing a slip within DELTA BAY MARINA must file the “DELTA BAY MARINA Slip Owners Registration Form” with DELTA BAY MARINA indicating the use of their slip. Therefore, all vessels residing in DELTA BAY MARINA and all leased slips must be registered with DELTA BAY MARINA prior to any vessel occupying a slip. If any vessel so registered leaves, or relocates within, DELTA BAY MARINA and another vessel takes its place, the replacement vessel must be registered prior to its arrival. In this event, the owner of the vessel departing a slip must pay final utility bills, and the new vessel entering a slip must pay an electrical deposit and establish any other utilities desired. If not so paid, the Slip Owner is responsible for any charges left unpaid by its Lessee. All paper work, forms and payments must be completed prior to the vessel entering the slip. All registration must be provided to the marina office during regular marina business hours. Short term transients are required to register in the marina office immediately upon arrival in the marina. If any member has a change in contact or billing information for their slip, a new Boat Registration Form is required to be submitted, or email to deltabaymarina@gmail.com within 24 hours.

The primary responsibility for vessel registration resides with the vessel owner. All vessel owners must file the current year “DELTA BAY MARINA Named Storm Plan” with DELTA BAY MARINA at time of registration and provide a current proof of insurance, including fuel spill liability.

All vessel owners warrant that their vessels have operational engine(s) and are capable of safely moving under their own power at all times. If a vessel has a mechanical problem or other issue impairing safe, independent locomotion, it should be brought to the attention of the Harbormaster immediately. Vessels incapable of independent, safe locomotion must be removed within 96 hours of the onset of such condition.

All vessels must be properly moored and tied with adequate mooring lines (in compliance with USCG vessel classes and Boat US line size standards) so as to prevent damage to other vessels, docks, or pilings.

Vessel owners may work on their own vessels as long as said work does not interfere with the rights and cleanliness of other vessel owners. Power sanding, sawing or grinding equipment may not be used by anyone within the marina. Outside sub-contractors and/or mechanics may work on vessels within DELTA BAY MARINA as long as they have provided DELTA BAY MARINA with a current certificate of liability insurance in a minimum amount of $1,000,000.00, naming DELTA BAY MARINA as an additional insured prior to performing work.

All sub-contractors must check in with the Harbormaster in person or by phone when at the marina prior to working on a vessel. Any subcontractors who fail to check in will no longer be allowed to work within the marina.
Persons are considered to be a Sub Contractor if they;

a. Perform any work on any boat within the Marina with or without the vessel owner present at all times for any type of compensation.
b. Have any current accounts with marine parts suppliers or distributers.

DELTA BAY MARINA will not accept full time live-aboard in any slip. There may still exists vessels which was grandfathered to remain as live-aboard. No slips may be rented for the purpose of living on board. The grandfathered vessels must keep all payments to the marina current including the live-aboard fees previously charged. Once the for this boat expires they will no longer be eligible for live-aboard status.

DELTA BAY MARINA does not allow liveaboard without obtaining express written permission from the Harbormaster.
Full-time “live-aboard” will be assessed a live aboard fee of $50.00 per month per person. The monthly live aboard fee is due on the 1st of each month.
Boats will be considered live-aboard if any of the following occur;
Their owner spends more than three consecutive nights aboard per week, or more than 4 such periods in any six month period aboard the vessel.
If the slip owner leaves behind a vehicle in the marina.
If any mail is received at the marina.
The above will cause the slip to be categorized in live-aboard status and appropriate fees will accrue even in the slip owner’s absence.

All live-aboard vessels are required to meet the following requirements:
1. The vessel must have an operational head that discharges directly into a working holding tank.
2. All live-aboard vessels must pump out their holding tank(s) at a minimum of every 30 days, and sign the office log sheet when the tanks are pumped out.
3. Overboard pump out is not permitted at any time. Violations will be reported to the USCG and/or Sacramento County Environmental Management Department, and the EPA.
4. All heads and holding tanks may be inspected at any time throughout the live-aboard dockage by the Harbormaster.
5. Only permanently factory installed, and plumbed marine washers and dryers may be used within the marina.
6. Live-aboards must maintain a separate deposit of $150.00 on file in the marina office.
7. The exterior of live-aboard boats must be kept clean and clutter free at all times.
8. No laundry may be hung out in a visible location on the boat.

4. SLIP OCCUPANCY:

Vessel length as described below shall not exceed the designated length of the slip in which the vessel resides. The vessel length shall include the swim platform, bowsprit, pulpit, davits, out drive, and the length of an outboard when in the up position. Vessels shall be measured to the nearest foot. If a vessel is 40 feet 6 inches in length, it will be deemed to be 40 feet. If a vessel is more than 40 feet 6 inches in length it will be deemed to be 41 feet and too long for a 40 foot slip. Vessels must be of conventional mono-hull, catamaran design and small pontoon vessels under 32ft. No floating drydocks, or the like are allowed.

Otherwise, any number of vessels may occupy a single slip provided that:
a. They conform to the total length requirement stated in the above paragraph, and include the addition of the space left between the vessels (a minimum of 4 feet is required).
b. Each vessel occupying a slip has its own ingress and egress with the rectangular footprint of the slip.
c. Each vessel conforms to the Slip registration requirements stated in Item # 2, independently and in total with others.

4. UNAUTHORIZED VESSEL:

Vessel which docks at Delta Bay Marina without a lease is subject to impound and storage fee of $100 per day.

5. ELECTRIC SERVICE:

Each slip shall be provided with appropriate marine electric receptacles. Additional electrical receptacles if requested by a member will be provided by DELTA BAY MARINA at the expense of the member, provided that such changes are preapproved by the Board of Directors. A Renter leasing a slip must have service in their name in slips of 35 feet and longer.

All slips will be billed by DELTA BAY MARINA according to the respective meter reading at $0.29/Kilowatt, plus a $6.00 basic monthly service charge including the first 10 Kilowatts.

Electrical bills which are delinquent past the due date shall result in a late fee with interest and shall be given a notice of service termination in accordance with the Utility Policy of DELTA BAY MARINA.

6. VESSEL INSURANCE:

Vessel owners agree to have their vessels covered by a full Watercraft Insurance package including written coverage for: hull (in the amount of replacement cost), P&I, indemnity and liability ($500,000.00 minimum), and fuel spill ($500,000.00 minimum). Fuel spill/pollution liability coverage must be explicitly stated as part of the liability coverage on the declarations page. All insurance renewals must include a statement that the policy coverage adheres to the Federal Oil Pollution Act of 1990 on the declarations page. The marina will not accept policies which have been added to homeowner’s policies. Dedicated “lay-up periods” are not permitted. Vessel owners must provide DELTA BAY MARINA with a copy of their certificate of marine insurance policy declaration page before the slip is occupied. Upon any change in marine insurance (including annual renewal) vessel owners must provide DELTA BAY MARINA with an updated certificate of marine insurance or policy declaration page within five business days.
All vessel owners must have their insurance company add Delta Bay Marina or Delta Bay Club Inc as an additional insured and loss payee. The insurance company should then automatically send the marina a copy of the declarations page of the policy at every update.

7. STORM PREPAREDNESS:

Storm preparation is the responsibility of every member and/or every vessel owner. The primary responsibility for storm preparation of every vessel rests with its owner. Storm preparation is critical. If any vessel is left unprepared, it jeopardizes all other vessels, pilings, and docks in the area. DELTA BAY MARINA Harbormaster may monitor the National Weather Service, Weather Channel, and other sources of weather information for the formation and movement of storms, hurricanes, etc. All members and vessel owners are independently responsible to keep themselves apprised of the existence of such storms and monitor the Nation Weather Service and the DELTA BAY MARINA web site diligently.

DELTA BAY MARINA advises that larger boats make preparations as the power to DELTA BAY MARINA may be shut off and bilge pumps will be able to function only as long as the batteries remained charged. It is recommended that all thru hull fittings be closed. All vessels shall be double lined. In the event that the mooring lines are too small or are improperly tied (based upon USCG vessel classes and Boat US line size standards) DELTA BAY MARINA shall have the right, but not the obligation, to replace said lines at the vessel owner’s expense. All canvas and any other gear and loose articles must be removed and stowed securely within the boat. All vessels will remain unoccupied, all utilities (water and electricity) shall be shut off, and the parking lots shall remain empty until the storm has passed and cleared the area. Electricity will be re-activated on a controlled basis by the Harbormaster.

In the event a vessel shall for any reason sink while berthed in a slip, at dockside, or while otherwise occupying DELTA BAY MARINA waters, the DELTA BAY MARINA Harbormaster may, in his sole discretion, call either Tow Boat US or another marine salvage company to raise, remove and/or repair said vessel. All such work shall be considered ordered with authority and on behalf of vessel owner, and all costs, fees and charges shall be at the vessel owner’s sole expense.

8. DOCKWAYS AND COMMON AREAS AND PARKING LOTS:

All children 12 years old and under MUST wear life jackets at all times when on the sidewalks, the docks, steps, ramps and boats within the Marina. Any Member whose children, grandchildren or guests violate this rule will be fined.

Parents/guardians/hosts shall not allow children under their cognizance or supervision to run and play on dock ways. Skateboards and roller blades are prohibited on the dock ways, walkways, steps, ramps and the sidewalks surrounding the marina. Bicycles are only permitted on the sidewalks. For safety reasons, no member is allowed to walk on any quay/bulk-head wall that does not provide direct access to their personal slip. These walls are not wide enough for safe passage, and/or without trespassing onto personal property not owned by the marina.

DELTA BAY MARINA requires that all pets be on a leash 12 feet or less and the leash shall be held by the pet owner or the person designated by the owner and under complete control while on DELTA BAY MARINA property. Pet owners are responsible for disposing of pet waste within Marina Property. Owners/custodians of pets are solely liable for any loss, damage or injury caused by such pets. DELTA BAY MARINA may contact Sacramento County authorities if a pet is considered a nuisance or danger to those using the marina. Violations may result in a fine of up to $100 per day for each occurrence.

Fishing is only allowed from your vessel and on your slip’s finger pier. Persons not a member (to include lessees from a member) cannot fish from your/their slip or boat unless accompanied by the Boat owner at all times. Fishing will be limited to “lobbing” only. No casting will be permitted for safety reasons. The cleaning of fish shall be done only at the fish cleaning table on the fuel dock, and no dumping of fish carcasses in the water is permitted under any circumstances.

The use of alcoholic beverages on the fuel dock during operating hours is prohibited. Also, the use of alcoholic beverages in any business meeting of the association is prohibited. This includes scheduled meetings of the Membership or the Board of Directors.

No one is authorized to use another owner’s slip for any purpose, even temporarily for loading and unloading, unless a written lease is in place containing at least all the protections for DELTA BAY MARINA and its members in DELTA BAY MARINA’s required forms section above. Passengers may be loaded only within the boat owner’s current slip that is either owned or leased and the current owner/lessee member is present.

No swimming or other “in water activities,” including paddle boards, is permitted in the marina, other than actual operations of registered boats. Divers are permitted for diving in conjunction with the repair and maintenance of a vessel by an insured subcontractor and only if the required Bottom Cleaning Forms are completed for each boat using this service. A new form is required for each calender year.

No signs or advertisements shall be allowed within DELTA BAY MARINA without the express written consent of DELTA BAY MARINA and no solicitation is permitted. Owners may place “Boat for Sale” signs on their vessel so long as they do not exceed 18” by 24” in size.

Only boarding steps approved by DELTA BAY MARINA will be allowed on the dock ways for boat access. Contact the Harbormaster for approved step descriptions and specifications. Access across finger piers may not be more than 50% blocked at any time. No holes or attachments of any type may be made to the docks, quay walls, or pilings without the express written permission of DELTA BAY MARINA. A fee to replace any deck boards altered or damaged will be assessed and due immediately for replacement cost.

No water may be discharged from any boat on to the docks. Any through hull fittings discharging grey water onto the docks must be modified to ensure that the discharge does not empty on to the docks, to avoid water damage to the docks.

Use of any open flame device, including gas grills, toxic chemicals, or any other hazardous equipment or supplies on the dock ways is prohibited. The only exception is a Coast Guard approved bottled gas grills. All grills on board vessels must be Coast Guard Approved.

Vessel owners and their guests shall use the dock ways and attached facilities for reasonable or typical boating activities. The dock ways must be kept clear of gear tackle and other obstructions at all times. DELTA BAY MARINA shall not permit the storage of rubbish, chairs, anchors, maintenance equipment, etc. on the docks or the creation of any unnecessary disturbance or nuisance on the docks. Any tents, canopies, and or other equipment erected on the Marina Grounds must be taken down and removed from the Marina Grounds by 10:00pm each day that they are erected.

A period of quiet is mandated from 10 PM to 8 AM, and in addition, no loud or obnoxious noise or activity unreasonably interrupting the quiet and enjoyment of neighboring vessels and residences at all times shall be carried on, in or upon the common areas, facilities, any boat or the dock ways at any time. Violations will be reviewed by the Board of Directors or an Adjudication panel, for action and could result in a fine for the boat owner and/or slip owner. The only exception to this rule is for Board sponsored social events held during the annual meeting, and other occasions which may extend to 10:30 PM. Violations shall result in a fine of up to $100.00 per incident.

Vessel owners may use the shower rooms provided by Delta Bay Marina. in the Office Building. They are available on a first-come, first-served basis. No one shall leave clothes or personal grooming items in the shower room after they are finished. Vessel owners shall straighten up the shower room and leave it as nice as it was when they went in.

Vessel owners with completed registration paperwork may access the boater’s lounge on a non-exclusive basis, observing the rules set forth. Contact the Harbormaster for details.

Vehicles may only utilize the marina parking lots to access their slip and boats. Any vehicles parked in the DELTA BAY MARINA parking lots must have a current license tag and inspection sticker. Vehicles without said tags may be towed at the owner’s expense. No washing of cars or vessels shall be allowed in the parking lots. Parking is on a first-come, first-served basis.

9. ENVIRONMENTAL:

Vessel owners and their guests acknowledge that Delta Bay Marina will follow guidelines set by the Clean Marina program and agree to keep their heads in the locked position discharging waste only into their holding tanks at all times. They also agree to regularly and have new dye tabs placed in their heads and/or holding tanks if required by the Harbormaster. Any waste discharge must be reported to DELTA BAY MARINA immediately. Any expenses incurred by DELTA BAY MARINA to clean up any such discharge will be billed to the vessel owner and slip owner. Note that all users of the DELTA BAY MARINA head pump out system will be charged a $20.00 usage fee per pump out. The pump out only operates during Marina business hours of operation.

All vessel owners agree to have a periodic inspection of their power cords by the Harbormaster to check for damage and verify proper operation. Any cords not in good condition or showing any signs of overheating will be required to be replaced. Violations will be may result in a fine of up to $100.00

No fuel of any kind may be transported on DELTA BAY MARINA property unless it is contained in a Coast Guard approved outboard fuel container with “quick-connect” fittings. The filling of vessel fuel tanks from any transported receptacles or fuel tank trucks is not permitted within the marina basin. The discharge of oily waste or bilge water into the marina basin is prohibited. All reported violations will be immediately fined up to $100.00.

All garbage and other perishable items shall be placed in the plastic bags in the trash receptacles on each dock. No trash or empty boxes of any kind shall be left on the dock way. Receptacles for recyclable materials must be utilized. Non-recycle items cannot be placed in the recycle bins.

10. DISCLAIMERS AND ACKNOWLEDGEMENTS:

DELTA BAY MARINA, its owners, officers, contracted agents, and directors are not responsible for any personal items left on vessels. DELTA BAY MARINA, its owners, officers, agents, and directors are not responsible for any delays in launching caused by weather or any other event beyond the control of DELTA BAY MARINA.

The availability of electrical service is not guaranteed, and if present, may not be continuous. All electrical tools used must be UL approved, and either double insulated, or connected to the power pedestal using a three-prong plug.

Vessel owners release and discharge DELTA BAY MARINA, its owners, officers, contracted agents, and directors, from any and all responsibility or liability for injury (including death, loss or damage to persons or property, including also personal injury) related to use or operation of the DELTA BAY MARINA docking facility, marina and/or its fixtures, equipment or gear. This release and discharge shall cover without limitation any loss or damage resulting from DELTA BAY MARINA agents docking, parking or hauling an owner’s vessel, vandalism, theft, fire, hail, high/low water, wind, hurricanes, collision, ice, rain, or any other act of God, or the gross negligence of any employee or agent of DELTA BAY MARINA.

Vessel owners are responsible for any and all damage to the dock boxes or other marina property occurring during their use of the slip. The slip owner will be responsible for the cost of repairs or replacement in the event the renter fails to pay any due charges. This includes but is not limited to the damages to improperly secured dock box lids.

Only the Harbormaster or his designee may move or adjust the dock cleat positions. If a vessel owner needs a cleat added or moved, they must contact the Harbormaster, who may move, attach or remove a cleat at its sole discretion. Vessel or slip owners are not allowed to add or adjust the cleat positions.

11. GENERAL:

All bills submitted to members and lessees by DELTA BAY MARINA are due within 5 days of the date of billing. Past due assessments will be charged a late fee of $35 or 10% of the amount past due, whichever is greater as stipulated by the highest fee, plus interest, allowed by State of California. Upon the provision of services, liens may be filed on an account holder and the account holder’s vessel(s) where a related invoice is more than 60 days past due. Payments are applied on a FIFO (first invoice, first paid) basis, which means that all payments are applied to the oldest dated invoice amounts first.

No Guests will be allowed within DELTA BAY MARINA property unless they are accompanied by either a member and/or a vessel owner. Every member and/or vessel owner shall insure that his/her guests abide by these Rules and Regulations, and are personally and financially responsible for such compliance. The number of guests invited at one time by any member and/or vessel owner shall be in keeping with the rights of members and/or vessel owners to enjoy the use of these same facilities. Pick up of guests is allowed in the member’s slip only, not at any other slips.

All Signage in the Marina must be adhered to especially those indicating NO WAKE zones. Boaters producing a wake in a NO WAKE ZONE may be fined up to $100.

DELTA BAY MARINA shall have statutory maritime and other liens (state and federal) on the slip, vessel, and appurtenances thereto, to secure any and all charges, services and materials supplied to vessel or a vessel owner by DELTA BAY MARINA during the term of the vessel’s presence in DELTA BAY MARINA or its marina.

Vessel owners agree to reimburse DELTA BAY MARINA for reasonable attorney fees and costs relating to a suit or other collection efforts by DELTA BAY MARINA against said vessel owner to collect any amounts due DELTA BAY MARINA or any amounts due and secured by maritime liens.

All disputes arising from interpretation of these rules and regulations shall be resolved in accordance with the laws of the State of California and Sacramento County shall be the exclusive forum for resolution of all disputes, other than federal maritime matters, which may be brought in the District of Northern California where jurisdiction may lie.

Whether or not a particular rule hereunder is explicitly associated with a fine herein, any violation of these Rules and Regulations may subject a boat owner and the slip owner of the offender to a fine in accordance with the constitutional documents of DELTA BAY MARINA and California law.