Section 1. Definitions

Section 2. General Regulations (Tenant)

2.01. Compliance with rules and regulations:

2.02. Insurance Certificates: (This Section is pending changes)

2.03. Responsibility for Damages:

1. Any person causing damage to, or destroying, public property of any kind, including buildings, fixtures, or appurtenances, whether through violation of these Rules and Regulations, or through any act or omission, shall be fully liable to the City. Any such damage shall be reported immediately to the Harbormaster.
2. All persons involved in any accident at Marina or in the vicinity, resulting in personal injury or damage to vessels, docks, or aids to navigation, shall immediately report such accident to the Harbormaster, or designated representative within ten days. The report shall include, but not be limited to, the names and addresses of all principals and witnesses, if known, and a statement of the facts.
3. All commercial vessels operating from the Municipal marina that are involved in any accident resulting in personal injury or damage to other vessels, docks, or aids to navigation, shall immediately report such accident to the Harbormaster.

2.04. Non-vessel Storage of Equipment

Unless otherwise provided for by a lease or other contractual agreement, no person shall use any area of the marina, including buildings, either privately owned or publicly owned, for the storage of cargo or any other property or equipment without the permission of the Harbormaster. If, notwithstanding the above prohibition, a person, firm, or corporation uses such areas for storage without first obtaining such permission, the Harbormaster shall have the authority to order the cargo or any other property removed, or to cause the same to be removed and stored at the expense of the owner or consignee without responsibility or liability therefore.

2.05. Hours of Operation:

a. Fuel Dock is open during regular business hours.
b. Marina Office Hours: The marina office is open from 8:00 am to 5:00 pm Tuesday - Sunday.

2.06. Security:

a. The gates to the main dock will be secured each evening no later than 9:00 pm and as early at 7:00 pm

2.07. Liability:

The Harbormaster assumes no responsibility for loss, injury, or damage to persons or property by reason of fire, theft, vandalism, wind, flood, earthquake, collision, lightning strikes, or acts of God nor does it assume liability for injury to persons while on the marina property.

2.08. Advertising and Display

No person shall post, distribute, or display signs, advertisements, literature, circulars, pictures, sketches, drawings, or other forms of printed or written matter in leased space, or the marina property, or public buildings, without the express written permission of the Harbormaster.

2.09. Commercial Activities:

Private tenants shall not conduct commercial activities from a privately leased slip or anywhere on the Marina property without written permission from the Harbormaster.

Section 3. Personal Conduct:

3.01. Compliance with Signs:

The public shall observe and obey all posted signs, fences, and barricades prohibiting entry upon the marina docks or restricted areas or governing the activities and demeanor of the public while at the marina.

3.02. Use and Enjoyment of marina premises:

a. No person(s) singularly or in association with others shall by his/her or their conduct or by congregating with others prevent any other person or persons lawfully entitled thereto from the use and enjoyment of the marina and its facilities or any part thereof, or prevent any other person or persons lawfully entitled thereto from passage from place to place, or through entrances, exits or passageways on the marina.
b. It shall be unlawful for any person to remain in, or on, any public area, place, or facility at the marina, in such a manner as to hinder or impede the orderly passage in or through or the normal or customary use of such area, place, or facility by persons or vehicles entitled to such passage.
c. Disorderly conduct, which includes threats to harm people or property of any other vessel owner, operator, its agents, servants, employees, guest, invitees, or marina employees or member of the public by a tenant, his employees or visitors operator, its agents, servants, employees, guest, invitees will be subject to immediate removal from the marina and may be grounds for termination of the lease.
d. Public intoxication, profanity or abusive language directed at anyone by the vessel owner, operator, its agents, servants, employees, guest, or invitees will not be tolerated and will be subject to immediate removal from the marina.

3.03. Boat Owner's Responsibility; Maintenance

Vessels shall be kept in a seaworthy/operating condition, and shall create neither fire hazard, eyesore, nor sinking hazard.

1. If a vessel is observed in an unsafe condition, the owner(s) will be directed by the Harbormaster or his designee to remove the vessel from the Marina.
2. Owner(s) agree to remove the vessel upon notification by the Harbormaster of an unsafe condition(s) or to be held responsible for all and any damage caused by the vessel to Marina docks, pilings and structures.
3. Owner(s) shall keep the vessel properly moored and dry within at all times.
4. Routine maintenance and minor repairs necessary for the preservation and seaworthiness of the vessel such as mechanical adjustment, minor painting, leak seals and rot prevention may be performed within the marina. Such repairs are generally considered to be those which:
   • Do not disturb the public peace and tranquility of any person aboard any vessel within the jurisdiction of the marina.
   • Do not contribute to a disorderly or unsightly appearance during the process of repair or maintenance.
   • Are capable of accomplishment with hand tools or certain portable power tools normally carried aboard the vessel.
   • Are confined to the vessel.
   • Do not pollute or put wastes on marina property or in marina waters.

3.04. Environmental Pollution & Sanitation:

a. Gray and black water waste will be properly disposed of. Sewage pump-out facilities are available at the fuel dock. This service is available to all permit holders at the charge established by the Harbormaster.
b. To the maximum extent possible, each person while on the marina property shall conduct his/her activities thereon in such a manner as not to cause littering or any other form of environmental pollution.
c. No refuse shall be thrown overboard at the marina. Garbage and trash shall be deposited in the dumpsters and trashcans along the dock.
d. Oil spills shall be reported to the National Response Center and the Harbormaster or his/her designee.
e. Waste Oil – All waste oil must be disposed of properly in a properly operated, off-premises waste oil tank. It is not the responsibility of the City or Bayland Marina to provide a waste oil container. Waste oil must not be placed in garbage cans, pails or liners or dumped into marina waters.
f. All electric, telephone, dock box, and cable charges/fees will be paid by the slip tenant.
g. Water usage in the marina shall be limited to domestic use and for the upkeep of the vessels maintenance. Washing of personal or business vehicles in the marina is prohibited.

3.05 Animals

a. No person shall enter any part of the marina with a domestic animal, unless such animal is restrained by a leash or is so confined as to be completely under control. There will be NO PETS allowed in the Restrooms. Pet owners are responsible for cleaning up after their animals.
b. No person shall feed or do any other act to encourage the congregation of birds or other animals on the marina.
c. All fish remains shall be bagged prior to depositing in dumpster.
d. Feeding the sea birds is prohibited.

3.06 Preservation of Property

a. No person may destroy, injure, deface, or disturb any building, sign, equipment, marker or other structure, tree, flower, lawn, or other property on the marina.
b. No person shall skateboard, cycle, rollerblade or use other non-human propulsion on the walkways, docks, or seawalls within the marina.
c. No person shall alter, add to, or erect any building, sign or dock on the marina or make any other alterations on the marina without the prior written approval of the Harbormaster.
d. Any person causing or being responsible for injury, destruction, damage, or disturbance at the marina shall immediately report such incident to the Harbormaster or his/her designee.
e. Boat owners must secure all items left inside their boats.
f. Management is not liable for any damage or loss to any vessel due to theft, vandalism, fire, or natural disasters.

3.07 Lost and Found and Abandoned Property

a. Any person finding lost articles in the public areas at the marina shall immediately deposit them with the marina office.
b. No person shall willfully abandon any personal property on the marina.
c. Any property, which has been determined by the Harbormaster to be abandoned, will be removed, stored, and/or disposed of at the Owner’s expense.

3.08. Alcoholic Beverages and Controlled Substances

a. Alcoholic beverages and controlled substances are prohibited in the public spaces of the marina.
b. No person under the influence of alcoholic beverages or drugs shall operate a vessel from or within the marina basin or Baytown Harbor

Section 4. Fire and Safety

4.01. General

a. All persons using the marina shall exercise the utmost care to guard against fire and injury to persons or property.
b. All applicable City, County State and NFPA codes and standards, and recommended practices of the City now in existence or hereafter promulgated and not in conflict with Operating Directives of the City; are hereby adopted by reference as part of the Rules and Regulations of the Marina. In the event of conflict, NFPA codes shall prevail, as determined by the City Fire Marshal.
c. Smoking Restrictions: Smoking shall be prohibited and “No Smoking” signs shall be posted in all areas where fuels and other flammable liquids are stored or dispensed, in all covered or enclosed boat storage areas, in battery rooms, and in other such locations.

4.02. Fueling Procedures at Fuel Dock:

Before Fueling:
1. Stop all engines and auxiliaries.
2. Shut off all electricity, open flames, and heat sources.
3. Check bilges for fuel vapors.
4. Extinguish all smoking materials.
5. Close access fittings and openings that could allow fuel vapors to enter the boat’s enclosed spaces.
6. Remove all personnel from the boat except the person handling the fueling hose.
7. Ensure that a proper fire extinguisher is readily accessible and operational at the point of fueling.

During Fueling:
1. Maintain nozzle contact with fill pipe.
2. Attend fuel-filling nozzle at all times.
3. Wipe up spills immediately.
4. Avoid overfilling.

After fueling and before starting engine:
1. Inspect bilges for leakage or fuel odors.
2. Ventilate until odors are removed.

Thunderstorm Activity:
1. Fueling operations shall not be conducted during periods of dangerous thunderstorm activity on the marina, or when thunderstorm activity is observed within five statute miles of the marina.

4.03. Fire while Fueling

When a fire occurs while fueling a vessel, the Fire Department shall be notified immediately, fueling shall be discontinued immediately and all emergency shut off valves will be shut down immediately.

4.04. Storage and Handling of Fuels for Personal Watercraft Liveries.

Gasoline and other flammable liquids stored in drums or cans shall be kept separate from other facilities and shall be stored and dispensed in strict accordance with applicable requirements of NFPA 30A and other applicable codes and standards.

a. The use of temporary movable tanks or containers used in conjunction with dispensing of fuel into fuel tanks or marine craft is limited to premises not normally accessible to the public. Such installations shall only be made with the approval of the authority having jurisdiction.
b. All fueling of marine craft shall be conducted in the absence of the public.
c. Conspicuously and legible signs prohibiting smoking shall be posted within sight of all fueling. Signs shall indicate that smoking materials including matches and lighters shall not be used within twenty feet.
d. One or more listed fire extinguishers with a minimum classification of 40-B:C must be provided within 50 feet of all fueling operations.
e. The use of approved D.O.T. portable containers for transportation of gas conforms to established regulations. Residual gasoline in D.O.T. containers after fueling of marine craft is considered ancillary.
f. D.O.T. containers containing gasoline product must be removed from the pier and surrounding area at the close of business daily.

4.05. Smoking:

Smoking or carrying lighted smoking materials or striking matches or other incendiary devices shall not be permitted on the fuel dock, nor within 100 feet of the fuel dock, nor during fueling, nor during the loading or unloading of fuel storage tanks, nor within 100 feet of a flammable liquid spill, nor in any area on the marina where smoking is prohibited by the City by means of posted signs.

4.0.6. Storage of materials

No person shall keep or store flammable material or equipment on the docks within the marina. Storage of paints, solvents, and fiberglass resins on docks are strictly prohibited.

4.0.7. Hazardous Materials:

No person shall keep or store hazardous materials on the docks within the marina.

4.0.8. Natural Disasters:

a. Marina tenants are required to maintain insurance coverage to provide for the removal, recovery and/or salvage of their vessel in the event of a natural disaster such as but not limited to a tropical storm or hurricane.
b. The City may, at its sole option, direct or control removal, recovery and/or salvage operations and marina tenants will be responsible for the costs associated with the removal, recovery and/or salvage of their vessel.
c. No vessel will be released to its owner until all costs associated with the removal, recovery and/or salvage by the Bayland Marina or those under its control have been paid in full. This includes any rent, fees, damages or assessments due.

Section 5. Nautical

5.01. General

All vessel activities within the marina shall be conducted in compliance with the current applicable U.S. Coast Guard Navigation Rules, City of Baytown ordinances, and county and state regulations. Please observe all posted materials.

Negligent Operations Prohibited
1. No person shall operate vessels in a careless manner or in disregard of the rights and safety of others.
2. All persons using the marina shall be held liable for any property damage caused by the carelessness or negligence of vessel movements within the marina.

No Wake Zones: There are several “No Wake Zones” within Baytown Harbor. The marina basin is a no wake zone and all vessels operating in the marina shall be operated accordingly.