MARINA PARK MARINA -
RULES AND REGULATIONS
Effective April 1, 2013
Marina Park Marina Ltd.
Part of the Westbay Marine Group.
453 Head Street
Marina Park Marina (“Marina Park” or the “Marina” in this document) is situated at 2060 White Birch Rd., Sidney, B.C., V8L 2R2. Sidney is the gateway to, arguably, the best cruising waters in the world. Marina Park is also the home of a number of live-aboard boaters, which is pretty much the best lifestyle there is! The key to happiness in the Marina is flexibility, comradeship and cooperation from all.
Our goal is to ensure that all the facilities at Marina Park are the best we can present and that the boating or lifestyle experience presented by the Marina is relaxed, friendly and enjoyable. Please let us know if something can be improved.
These Rules and Regulations are intended to guide users of the Marina so that all users can be reasonably assured of an enjoyable stay. However, Rules and Regulations are no substitute for friendliness, co-operation and common sense.
These Rules and Regulations form part of your Moorage License Agreement so please read them and abide by them, for your safety and comfort and that of the other Marina users. We reserve the right to add further Rules and Regulations or waive enforcement as we, in our discretion, see fit.
MARINA PARK MARINA EMERGENCY TELEPHONE NUMBERS
|Marina Management during business hours||250-385-1831|
|Marina Management after hours Emergency Line||250-361-7414|
|Marine Emergency Number||1-800-567-5111 or VHF Channel 16|
|RCMP Police (Sidney Detachment) Non Emergency||250-656-3931|
|Sidney Fire Department Non Emergency||250-656-2121|
|Coast Guard-Victoria||1-800-661-9292 or 250-480-2600|
|Earthquake, Flood, Dangerous Goods Spills, Tsunami||1-800-663-3456 (24 hrs.)|
|Provincial Emergency Program information||250-952-4913|
|Saanich Peninsula Hospital||250-544-7676|
|Victoria General Hospital||250-727-4212|
|BCSPCA Wild Animal Centre||250-478-9453|
1. Marina Rules and Regulations
1.1 These Rules and Regulations form part of your Moorage License Agreement and by signing your Moorage License Agreement and/or storing your vessel and ancillary equipment at Marina Park, you agree to and are bound by these Rules and Regulations. Failure to comply may result in termination of moorage privileges at Marina Park. The Marina reserves the right to amend or add to these Rules and Regulations at any time.
2. Compliance with Laws
2.1 You and your guests must comply with all applicable Federal, Provincial and Municipal laws or regulations that apply to you and the operation, berthing or use of your boat or Float Home. You must comply with all Coast Guard rules and regulations.
3. Boat/Float Home Condition
3.1 All boats (including Hybrid Vessels) and Float Homes and their ancillary equipment must be kept in good seamanlike condition and to yacht standards. Derelict or unkempt vessels are not permitted. Storage of wood, household goods and other material on the docks or decks of boats or Float Homes is not permitted unless contained in proper storage lockers. All boats (other than dinghies) must have an auxiliary engine so the boat may be moved in the event of an emergency.
3.2 The Marina reserves the right to impose architectural design and aesthetic requirements for all Hybrid Vessels and Float Homes moored within the Marina.
3.3 All tarps, cockpit covers or sail covers should be of a properly fitted cloth material; blue and orange plastic tarps are not to be used. Covers and tarps must be capable of withstanding high winds without undue windage and noise.
3.4 Halyards and rigging will be tied off or cleated off in a seamanlike manner to reduce unnecessary noise and vibration.
4. Safety of persons, boats and Marina property
4.1 You are responsible for the safety of your boat, dinghy or Float Home and the Marina accepts no responsibility for the protection or safety of your boat, dinghy, Float Home or their equipment or any other possessions you bring to the Marina.
4.2 You will furnish and maintain your own safe, adequately sized fenders, mooring lines and chaffing gear.
4.3 You are responsible to ensure your vessel is properly and securely tied off for all weather conditions with proper fenders and chaffing gear so that no damage is done to your vessel, other vessels in the Marina or any Marina facilities or equipment. Any damage done to Marina property by your vessel will be repaired by us and the cost charged to you.
4.4 Chaffing gear and fendering must be attached to your boat or Float Home and not to the Marina’s floats or pilings unless you have our prior consent. You may not tie on to a piling unless in an emergency.
4.5 Care must be taken not to foul any other berth or fairway with your boat, dinghy or your docking lines.
4.6 You must check your boat or Float Home regularly and especially before, during and after heavy winds, rainfall or snowfall to ensure all lines and canvas coverings are secure and bilge pumps are operating.
4.7 Children (under 12 years of age) are not permitted on the Marina foreshore, waters, floats, or services buildings unless accompanied by an adult. Non-swimmers and children should wear life jackets when on the floats or boat decks.
4.8 No electric heater of the reflective type or of the flame type and no oil burners shall be operated on any vessel moored at the Marina’s facilities unless someone is in attendance during the operation of the unit.
4.9 In accordance with fire codes and regulations, all connections made to the dock electrical receptacles shall be of the approved, weatherproof, three wire, grounded type. Wiring must be of sufficient amperage rating as required by the National Electrical Code. Undersized and inadequate cords will be disconnected by Marina staff if observed. Cords may not be affixed or secured to docks or allowed to cross main docks.
4.10 No mixing or transferring of petroleum products whatsoever is permitted anywhere in the Marina. Storage of gasoline, kerosene, stove oil or similar flammable or combustible fuels is not permitted anywhere in the Marina except in small quantities in proper storage containers safely and securely stored on your own boat or Float Home. ALL OF YOUR USED PETROLEUM PRODUCTS AND CONTAINERS MUST BE REMOVED BY YOU FROM THE MARINA. WE DO NOT HAVE A USED PERTROLEUM COLLECTION STATION. USED PETROLEUM PRODUCTS MAY BE TAKEN TO CRD’S HARTLAND RD. LANDFILL.
4.11 No fueling of any boat may take place anywhere within the Marina except fueling of outboard motors containing not more than 10 imperial gallons of fuel. Refueling shall not take place on the docks and any spillage must be reported immediately to Marina staff.
4.12 Fishing, swimming, scuba or skin diving (except for vessel repair and maintenance) is prohibited anywhere within the Marina.
4.13 Boathouses are not permitted.
4.14 Electrical power supply to most slips is 30 amps. This is not adequate for liveaboards to heat their vessel with electric heat. Liveaboards must have a properly installed non-electrical heating source such as a diesel furnace. Galley equipment should be propane or other acceptable non-electrical appliance.
4.15 Spot lights, mast or rigging lights, horns, sirens and hailers must be turned off while moored alongside our docks.
5.1 Congratulations if you’re successful in catching fish. If you clean the fish within the Marina, you must ensure all entrails and waste are properly disposed of! Use the fish cleaning table please.
5.2 Drying or airing of laundry or apparel on the docks, or in the rigging of boats or clotheslines on Float Homes is not permitted.
5.3 In the interest of the environment, no heads, bilges or petroleum products may be discharged anywhere within the Marina.
5.4 The Marina provides a recycling station. Place all newspaper, mixed paper, cans and bottles into the appropriate recycling container.
Under no circumstances place cardboard into the garbage bin. Cardboard placed in the garbage may result in a fine being levied against the Marina. Any person placing cardboard in the garbage bin will be levied a minimum service fee of $100.00 for our staff to remove the cardboard or double any fine the Marina is levied by the Capital Regional District landfill. A cardboard recycling bin is provided—please use it.
5.5 The Marina provides a garbage bin for the disposal of your ordinary domestic garbage. Waste wood, fiberglass, carpeting or boat pieces, dead batteries, expired propane tanks, unwanted personal effects or equipment shall not be placed in the garbage bin or anywhere on the Marina property. Waste oil or other waste liquids or their containers shall not be placed in the garbage bin. Any waste material other than domestic garbage must be taken by you to a proper disposal area off the Marina premises. Any person placing prohibited waste material into the garbage bin will be levied a minimum service fee of $100.00 for our staff to remove and dispose of the offending waste material.
5.6 No dogs, cats or other animals may be kept by Liveaboard boaters and Float Home Owners except with the express consent of the Marina. We love dogs- not everybody does. The Marina has the absolute discretion to prohibit any animal in the Marina. All dogs and other animals shall be kept on a leash. You are responsible for placing any animal feces deposited by your animals or your guest’s animals, securely bagged, into the garbage bin.
5.7 Skateboards, roller blades, motorcycles, and similar wheeled devices are not permitted on the docks. Bicycles may be stored on your boat or in the bike rack provided. Please do not leave them on the docks or fingers and do not lock them to any part of the Marina property other than the bike racks.
5.8 For fire prevention reasons, charcoal or gas fired barbeques are not permitted on the docks.
6. Commercial Operations
6.1 No advertising signage or other signage (i.e. “For Sale”, “For Rent”, “For Charter”) and no soliciting for business of any kind whatsoever is permitted anywhere within the Marina except with the prior express written consent of the Marina. Offending signage will be immediately removed by Marina staff.
6.2 No boat, Hybrid Vessel or Float Home may be used in the operation of a business except with the prior written consent of the Marina and then only after all proper legal, leasing, insurance and other documentation required by the Marina or any governmental authority has been delivered to and accepted by the Marina.
7. Construction, Repairs on Cars, Painting
7.1 Only minor repairs may be carried out on boats within the Marina area. Major repairs must be carried out elsewhere. What constitutes “major repairs” is entirely at the discretion of the Marina Management. In particular, heavy sanding (for example, with a belt sander) which causes airborne dust and machine noise, use of spray guns above decks, heavy welding, grinding, substantial engine repairs and similar works will not be permitted.
7.2 You will be responsible for any oil, paint or other material spilled, dripped or collected on the floats or any other part of the Marina as a result of any work carried out in respect of your vessel or Float Home by you or your contractors. All costs and damages sustained by the Marina or other boat owners will be charged to you.
7.3 No repairs of motor vehicles or trailers (except very minor repairs in the opinion of the Marina Management) may be carried out anywhere within the Marina. In particular, engine repairs, oil changes, painting or bodywork, is prohibited.
7.4 Contractors or suppliers working on any vessel in the Marina must first register with the Marina Office before being admitted to the floats. You must notify the Marina Office if you are expecting contractors or suppliers to be working on or delivering material to your vessel. All contractors must be able to produce proof of insurance to the satisfaction of the Marina.
8. Operation of your Boat
8.1 All vessels approaching, using or leaving the Marina’s floats or moorings shall do so in a cautious and seamanlike manner so as not to roll up swells or damage other craft or Marina property. Speed is not to exceed three knots.
8.2 Except for entering or leaving slips, main engines, power generating equipment and other noise making machinery may not be operated between the hours of 9:00 p.m. and 7:00 a.m. Engines shall not be operated in gear while the vessel is secured to the dock. Unnecessary operation of engines in slips shall not be permitted.
8.3 You should be aware that “spring tide” or large tidal conditions may make ingress and egress from the Marina’s floats impossible. As well, it is possible that your vessel may touch bottom during such tide conditions. If damage should occur to the vessel the Marina shall not be responsible for such damages.
8.4 It is your duty to ensure that any berth used by you is appropriate for the safe moorage of your vessel. When offering a berth for you at the Marina, we will use our best efforts to locate a berth that is appropriate for your vessel but we will not be liable for any resulting loss, damage, or expense, including loss of use, howsoever caused, including by negligence, if the berth is unsuitable.
8.5 When departing on an extended cruise please inform the Marina Office and deposit a sail plan for our convenience and your safety.
8.6 Rafting of boats anywhere within the Marina is not permitted except with the prior consent of the Marina, whose consent may be withheld or revoked at its sole discretion.
9. Personal Conduct
9.1 The safety, comfort and security of all boat owners and their families and guests as well as our own Marina facilities are our primary concern. We have a number of “live-aboards” and, therefore, a community in our Marina. Consideration of others is expected at all times. No abuse of Marina Staff will be tolerated. If, in the opinion of the Marina Management, a boat or Float Home Owner or the Owner’s guests disregard these Rules and Regulations or cause disturbances then the Owner will have their Moorage License revoked and must leave the Marina forthwith. The Boat Owner is responsible for ensuring that their guests observe all the rules and regulations set out in the Moorage License Agreement and these Rules and Regulations as well as any other reasonable requests that may be made by the Marina Management. Quiet time in the Marina, is between 10:00 p.m. and 7:00 a.m.
10.1 One dock box, in a size and style to be approved by the Marina, is permitted for each moorage slip. Other supplies, accessories, gear, boxes, material or any other things may not be stored anywhere within the Marina. (Storage lockers will be available for rent.) In particular, nothing shall be left on the floats, gangways, parking areas or the uplands and anything left in these places will be disposed of by the Marina.
11. Dock Steps
11.1 If dock steps are required in order to board your vessel you must first obtain the Marina’s consent to the placement of the dock steps, the steps design and method of attachment to the floats. Unauthorized dock steps will be removed.
12.1 Dinghies must be stored aboard your vessel or in designated dinghy storage rental racks and not tied alongside or left on the docks except with the consent of Marina Management. No dinghy racks may be affixed to our docks or fingers.
13.1 All parking spots marked “Reserved” are reserved and rented on a monthly basis to Marina clients and guests. Do not park in a “Reserved” space except your own, otherwise you will be towed away at your expense. All other parking, unless identified with signage indicating otherwise is general parking for you and your guests.
13.3 Motorcycles may only be parked in the designated motorcycle parking areas.
13.4 No motor homes, campers, trailers or oversize vehicles may be parked in the Marina except with the consent of Marina Management.
13.5 No vehicle may be parked at the Marina that is not fully insured, licensed and in regular use except with the prior consent of Marina Management.
13.6 Boat trailers may not be stored anywhere in the Marina except with the prior consent of the Marina Management whose consent may be withheld or revoked at its sole discretion.
13.7 No vehicles may be left at the wharf approach, in driveways or blocking garbage and recycling bins. Please respect the loading zone 15 minute time limit. Off-load and then park your car in a regular parking spot.
13.8 Any vehicles parked contrary to these Rules and Regulations is subject to immediate tow-away at the vehicle owner’s expense.
13.9 The Marina is not liable for the loss of any articles left in automobiles or for any damage any automobile may suffer while on Marina property.
13.10 Bicycles may only be stored on your vessel (not on the floats) or in the designated racks. Bicycles may not be left in any other place within the Marina.
14. Moorage License Terms
14.1 It is expressly understood and agreed that this Moorage License constitutes a license only to use a berth designated by the Marina and is not a Bailment Agreement, Lease or Rental Agreement. The Marina does not, in any way, take possession of or undertake any duty to take care of the vessels or Float Homes berthed under this license.
14.2 This Moorage License or the mooring space assigned by the Marina may not be transferred or assigned by you either to another vessel owned by you or to a new Owner or to any other person, without the written permission of the Marina. Sub-licensing is prohibited. All Float Homes and Hybrid Vessels must be owner-occupied unless the Marina grants express written consent to a non-owner occupant. All boat owners, Float Home and Hybrid Vessel owners must deliver proof of insurance coverage of the boat, Float Home or Hybrid Vessel to the satisfaction of the Marina by April 1 of each year.
14.3 All moorage fees, hydro fees, cablevision fees, parking fees or other fees payable must be paid monthly in advance and on the first day of the month. An annual series of post-dated cheques from April 1st through to March 1st of the following year is required or an authority to debit your VISA or Mastercard must be established. It is the Owner’s responsibility to ensure payments are made in advance to the Marina.
14.4 Goods and Services Tax, Provincial Sales Tax (or Harmonised Sales Tax) or any other applicable tax will be charged by the Marina and paid by you where required by law.
14.5 A security deposit equivalent to one full month’s charges for moorage and services will be paid by the Owner to the Marina to be held during the term of the Moorage License. The security deposit secures the Owner’s performance of the obligations imposed by the Moorage License and these or subsequent Rules and Regulations. The Marina will return the deposit or the balance of the deposit, without interest, within 30 days of termination and final reconciliation of the Owner’s account.
14.6 Any returned cheque will subject you to a $25.00 administration fee.
14.7 It is expressly understood and agreed that if moorage or other charges due hereunder are not paid within 7 days of the delivery to you of a written demand (by posting of a notice on your boat or Float Home), the Marina may, at its option, claim and enforce a Contractual Possessory Lien or Warehouseman Lien upon your vessel and/or Float Home until all such sums payable to the Marina have been fully paid. The Marina, upon exercising its lien rights as aforesaid, shall give notice thereof in writing to you (by posting of a notice on your boat of Float Home and by mail to your address shown on your Moorage License Agreement), together with a statement of sums claimed. If the moorage and/or other charges are not paid within 21 days of the giving of such notice, the Marina may sell the vessel and/or Float Home at public auction to recover the unpaid charges and all reasonable costs, including solicitor’s costs, on a solicitor/client basis, for so doing. The balance of sale proceeds, if any, shall be paid to you.
14.8 All overdue accounts will attract a late fee service charge of $5.00 per day for each day of late payment for the first month and then interest at the rate of 1 and 1/2% per month (18% per annum) thereafter until paid in full.
14.9 Boats moored at the Marina’s floats shall not be used as living quarters except with the express consent of the Marina and only after payment of all applicable liveaboard charges.
14.10 All boats used as “live aboard” and all Float Homes must subscribe for and pay all charges for hydro service and cablevision.
14.11 “Liveaboard” is defined as anyone sleeping on the vessel for more than 8 nights in any month or more than 24 nights in any sequential 365 day period or if the Owner declares the Marina to be their place of residence.
14.12 You may only tie your vessel up at the berth designated by the Marina and only after a Moorage License Agreement has been approved by the Marina Manager (including provision of current Survey and Insurance of vessel) and all applicable charges have been paid.
14.13 The Marina reserves the right, at any time, to rearrange the position of any vessel at the Marina’s floats including assigning a different designated berth without previous notice to the Owner of such vessel (although we will always try to give you notice) and the Owner hereby appoints the Marina Management as agent for this purpose.
14.14 In the event that your vessel is to be away from its moorage for an extended period of time you acknowledge and agree that the Marina may sublet your moorage space to transient vessels on a day-to-day basis at such rates as the Marina shall in its discretion set from time to time. All such moorage charges shall be divided equally between the Marina and you.
14.15 The Marina may charge for any emergency service required to be provided to your vessel or Float Home during your absence, and, while assuming no responsibility for services rendered in such instances, may enter upon your vessel or Float Home for such purpose.
14.16 The moorage fees for boats are based on the overall length of the boat, including bowsprit, swim step, dinghy davits, etc., or the length of the slip, whichever is greater. In the case of an extra wide vessel the beam may dictate the slip size. This determination is at the discretion of the Marina Management. Float Home moorage fees are based on the overall square footage of water area occupied by the Float Home, including all decks and overhangs. Moorage fees are payable for any time in which the vessel or Float Home is moored at the Marina’s facilities.
14.17 Vessels used to live aboard cannot be sublet without the written consent of the Marina. Such consent may be withheld at the discretion of the Marina. Only persons indicated on your Moorage License may live aboard your vessel.
15. Payment of Real Property Taxes by Hybrid Vessel and Float Home Owners
15.1 If you are a Float Home or Hybrid Vessel Owner which is located at the Marina, you are responsible for paying any real property taxes levied on your Float Home or Hybrid Vessel to the Township of Sidney. These taxes are due annually on the 30th of June.
16.1 Notwithstanding and in addition to:
- any provision in the Moorage License Agreement;
- these Rules and Regulations;
- the frequency of calculation and/or payment of Moorage License fees;
- any Act or Regulation of the Federal Parliament;
- any Act or Regulation of the Provincial Legisslature;
the Marina reserves the right to terminate your Moorage License at any time in the Marina’s sole discretion upon giving you 30 days’ notice in writing except in the case of non-payment of moorage fees, including real property taxes as set out in Part 15, in which case the Marina shall give at least 48 hours’ notice to vacate the Marina.
16.2 You may terminate the Moorage License upon giving not less than 60 days written notice on the first day of the month to the Marina. No mid-month cancellations are permitted. All Moorage Licenses must be terminated or charges will continue to accrue.
16.3 The Marina may terminate the Moorage License and require the removal of your vessel within 48 hours of written notice of the termination should you breach the Moorage License or these Rules and Regulations or should the Marina consider the continuation of the Moorage License to be detrimental to the safe, proper and/or economical operation of the Marina.
16.4 Upon the Expiration Date of your Moorage License, if no new Moorage License has been entered into, it is understood and agreed that the Moorage License shall, at the option of the Marina, continue on the same terms and conditions except the moorage fee, which shall be the current rates set by the Marina from time to time, until either a renewal License is executed or the Moorage License is terminated in accordance with these Rules and Regulations.
16.5 If you prepay your moorage on an annual basis (that is, at a discounted rate) and decide to terminate your Moorage License, your moorage fees will be recalculated and charged on a monthly basis (that is with no discount applied.) You will be refunded the balance of your pre-paid moorage after all outstanding fees due to the Marina are paid.
17.1 You are responsible for your actions and the actions of your family, guests, contractors and suppliers. You specifically agree with the Marina that you will be personally liable and you agree to pay to and/or indemnify the Marina for any loss or damage to or disfigurement of any of the Marina’s facilities including the floats, wharves, pilings, installations, utilities, machinery or premises, howsoever caused by you, your servants, agents, guests or invitees or by the sinking, explosion, burning or breaking free of your vessel and whether caused by accident or negligence.
17.2 All vessels must carry adequate insurance for loss or damage to the Marina’s facilities and other vessels that may be caused by you and you must carry adequate public liability insurance. You must provide proof of insurance coverage to the Marina on request.
17.3 All vessels, Float Homes and ancillary equipment stored or moored on the Marina’s premises by you shall be solely at your risk, and the Marina shall not be responsible under any circumstances for any loss or damage caused thereto whether caused by the negligence of the Marina, its servants or agents or the acts of third parties, or otherwise. All vehicles parked on the Marina’s premises and the contents therein are left at the Owner’s risk. Marinas are inherently risky. All persons using the Marina’s facilities, floats, ramps, washrooms, laundry rooms and vehicle parking areas do so at their own risk and the Marina assumes no responsibility whatsoever for any personal injury to you or your invitees occurring within the Marina’s premises from any cause whatsoever.
17.4 Water, cablevision, sewage pump out facilities and electrical power are provided for the convenience of the paid moorage guests of the Marina. The Marina accepts no responsibility for loss or unavailability of these services. All vessels and Float Homes moored at the Marina and handled by the Marina’s servants or agents and moved pursuant to Rule 14.13 or otherwise shall be at the Owner’s risk and so long as the Marina uses commercially reasonable efforts the Marina, its staff and third party contractors shall not be liable to the Owner for any resulting loss, damage or expense, including loss of use, howsoever caused, including negligence, sustained by such vessels.
18.1 Moorage rates, hydro and cablevision service rates and other rates and charges are subject to change at the discretion of the Marina.
18.2 Water will be unavailable during periods of frost and may be turned off without warning. Keep all water lines open to a trickle in order to prevent frozen water lines. Cable service may vary in content.
18.3 Any notice required to be given to you pursuant to these Rules and Regulations will be sufficiently given if addressed to you at the address on your Moorage License (or at such other address you may advise in writing) and delivered to or mailed to that address, or alternatively, if delivered to your vessel or Float Home. You will be deemed to have received notice 72 hours from date of mailing and 48 hours from delivery to your vessel or Float Home. If you have provided us an email address notice may be given to you by email and you will have been deemed to have received it 48 hours after our sending the email communication.
18.4 Any change of your address, telephone number or email address, or the sale of your vessel or Float Home must be reported immediately to the Marina Administration Office.
18.5 The current Rules and Regulations and any future amendments to them as set forth by the Marina become part of the Moorage License.
MARINA PARK MARINA LTD.