The following rules and regulations apply to all watercraft in Halifax Harbor Marina.
For the purposes of these regulations, the following words and terms shall have the following meanings:
“Agreement” refers to the Halifax Harbor Marina Master Slip/Space Rental Agreement and Exhibit “A” Rules and Regulations, the Short Form Slip/Space Rental Agreement and the Work Regulations, all between Marina and Owner.
“Contractor” refers to a person, business or service provider hired by Owner to perform work or to provide a service on Owner’s Vessel. The term, as used herein, implies an independent contractor.
“Captain” and “Crew” are terms used to identify employees of Owner, other than independent contractors.
“Hazardous Wastes” (HW) means wastes that are either listed by the United States Environmental Protection Agency (EPA) in 40 CFR Part 261 Subpart D or are ignitable (i.e. flash point less that 140 degrees Fahrenheit or an oxidizer), corrosive (e.g. pH equal to or greater than 2 or equal to or less than 12.5), reactive, or toxic, as defined in 40 CFR part 261 Subpart C. Hazardous material must be recycled, treated, stored or disposed at a proper HW facility. HW cannot be disposed on or in the ground, or in local landfills (i.e., cannot be poured onto the land or in the water and cannot be placed in a dumpster or other container meant for litter, as defined below.
“Litter” means any “garbage; rubbish; trash; refuse … or substance in any form resulting from domestic … or commercial operations.” (Florida State Statute 403.413). The term as used herein does not refer to Hazardous Wastes.
“Marina” shall refer to the city of Daytona Beach Halifax Harbor Marina and/or the Operator, and its employees, of Halifax Harbor Marina.
“Owner” shall refer to the vessel Owner, its agent or representative.
“Pollution” is “the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or man-induced impairment of air or waters or alterations of the chemical, physical, biological or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.” ( Florida State Statue 403.161)
“Regulations” shall refer to these Halifax Harbor Work Regulations.
“Vessel” shall refer to Owner’s boat for which Marina provides dockage.
“Vessel Exterior” refers to all surfaces and areas normally exposed to weather and water to include areas enclosed by flexible material.
“Vessel Interior” refers to all surfaces and areas not normally exposed to weather and water. Bilges, wet or dry, are considered interior.
“Vessel Conversion” occurs when repair, maintenance, and upkeep of a vessel require a surface or area, normally considered interior, to be exposed to the weather, in which case the exposed surface or area shall be considered part of the vessel exterior.
“Watercraft” refers to all waterbom craft in the waters of Marina, including boats not the subject of a Slip/Space Rental Agreement.
The purpose of these Regulations is to promote a high standard of Vessel appearance and seaworthiness, while protecting Owners, Marina facilities, the public and the natural environment from any adverse effects of Vessel maintenance. The Regulations are also intended to promote safety and security, and to require evidence of liability insurance on the part of Contractors performing services at Marina. These Regulations define work activities that Owners, Owners’ crews and Contractors may perform on Vessels while Vessels are in Marina’s waters; provide examples of some types of work activities and tools that are not allowed, and establish requirements and procedures for Contractors to follow to be allowed to work in Marina.
Marina and Owners have agreed that Vessels will meet a high standard of appearance and seaworthiness. Exhibit “A”, Rules and Regulations to the Master Slip/Space Rental Agreement, states in part that “only vessels in good and seaworthy condition will be admitted to Halifax Harbor Marina. Vessels are subject to initial and subsequent inspections by Marina or other appropriate agencies to ascertain the maintenance of proper health and safety conditions and appearance, including but not limited to: operational engine(s). . size, condition and number of . . .cleats; condition and appearance of exterior portion of vessel; odor; condition of bilges and bilge pump(s); condition of fuel tanks, marine head facilities and plumbing, etc. . . . All vessels must be equipped to comply with the Florida Clean Vessels Act.”
4. Permitted Activities.
The following activities are allowed on Vessels in Marina: a. Cleaning and waxing. Owner is encouraged to avoid products which contain phosphates, ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye, surfactants (often found in soaps and detergents) and heavy metals. The use of traditional sudsing cleaners that must be rinsed off is also discouraged.
b. Varnishing and oiling wood parts, so long as products, including varnish scrapings and sanding residues are kept out of the water and off of the docks.
c. Sanding, but only if the sanding residues of paint, varnish or fiberglass are prevented from fouling the waters, docks or other vessels. Use tarps and or vacuums as required and properly dispose of the residues.
d. Exterior paint touch-up for nicks, scratches, and gouges or other small areas, so long as paint and paint chips do not foul the water, docks or other boats.
e. Interior paint and varnish.
f. Cleaning and lubrication of equipment, so long as residues are not permitted to foul the bilges, waters, docks or other vessels. Residues must be handled as discussed herein.
g. Inspection and adjustment of rigging, repair and replacement of canvas.
h. Replacement of defective antennas, coaxial cables and fittings.
i. Running engine(s) and routine maintenance thereof, to include replacement of defective exterior ancillary components. Engines should not be run if they are discharging fuel into the water or cause exhaust smoke and fumes that bother others.
j. Changing oil and oil filters, so long as the residues are prevented from fouling bilges or Marina waters, and are properly disposed. Marina furnishes a free oil recycling service. No one may dispose of oil, oil filters or any oily waste in trash toters or dumpsters or uplands of the Marina.
k. Engines and generators or other large components may not be removed or installed without specific approval of Marina. 1. Installation of holding tanks, marine toilets, water tanks, air conditioning, refrigeration and heating equipment is allowed if the installation does not cause noise, air or water pollution or inconvenience to others. m. Scrubbing hulls, both in and out of the water, but no hull cleaning activities are permitted which will dislodge bottom paint so that it may foul the waters or upland areas of the Marina.