Chapter 5. Powers of California Harbors And Navigation Code >> Division 8. >> Part 7. >> Chapter 5.
The district may exercise the powers expressly granted in
this part or in any other law or necessarily implied therefrom. The
district has the power generally to perform all acts necessary to
carry out fully the provisions, powers and purposes of this part.
The district has perpetual succession.
The district may sue and be sued in all actions and
proceedings, in all courts and tribunals of competent jurisdiction.
The district may levy and cause to be collected taxes for the
purpose of paying the principal of and interest on any indebtedness,
whether evidenced by bonds, notes, or other similar evidences of
indebtedness, or to pay amounts required by contracts or leases, or
to pay any other expenses or claims incurred in carrying out fully
the provisions, powers and purposes of this part.
The district may make contracts for any and all purposes
necessary or convenient for the full exercise of its powers.
The district may employ labor, professional services, agents,
servants and employees necessary to manage, maintain, and control
the harbor and to enable the district to exercise its powers.
The district may take by grant, purchase, gift, devise or
lease or other acquisition, hold, use, enjoy, lease or dispose of
real and personal property of every kind, within or without the
district necessary to the full or convenient exercise of its powers.
The district may acquire by eminent domain any property
necessary, convenient or useful to the exercise of its powers, but
may exercise the power to acquire property outside the district by
eminent domain only with the consent of the governing body of the
county, or city if any, in which the property is located.
Any county, city and county, city, or other political
subdivision or agency of the State, in this section referred to as
"public agency," which has been invested by grant from the State with
the ownership, possession, control or management of tide and
submerged lands or any other lands lying under, washed by or abutting
the Pacific Ocean, or inland waters of the State, including the beds
of navigable rivers, streams, lakes, bays, estuaries, inlets and
straits, may, with the prior written consent of the State Lands
Commission, agree in writing that any district formed pursuant to
this part shall for the term stated in the writing have all or any
right, title and interests of any such public agency and exercise all
or any jurisdiction of any such public agency in the lands over the
lands or any portion thereof.
The district may acquire, construct, reconstruct, improve,
repair, develop, maintain, and operate a harbor and all facilities
appurtenant thereto, connected therewith, or incidental thereto,
including, but not limited to, all of the following:
(a) The dredging of channels, shipways, berths, anchorage places,
and turning basins.
(b) The acquisition, reconstruction, repair, and maintenance of
jetties, breakwaters, bulkheads, seawalls, wharves, docks, ways,
ferry slips, warehouses, streets, roads, drives, parkways, avenues,
approaches, marinas, aquatic playgrounds, beach parks, bathing
beaches, and other recreation facilities, together with structures
and facilities incidental thereto.
(c) The acquisition, construction, reconstruction, repair,
maintenance, operation, development, and regulation of fueling,
loading and unloading, towing, repair, warehousing, shipping and
reshipping, and other facilities, aids, equipment, or property
necessary for, or incidental to, the development and operation of the
(d) The acquisition, construction, reconstruction, repair,
maintenance, and operation of fireboats, sanitary, and other
facilities necessary for the proper protection of the harbor.
The district may lease any property, whether real or
personal, and any interest therein to, of and from any person, firm
or public or private corporation, or public agency with the privilege
of purchasing or otherwise.
The district may join with the United States or any
department or agency thereof, the State or any department or agency
thereof, any county, city and county, city, district or other public
or private corporation, or one or more or any other combination of
the foregoing, for the purpose of carrying out any of the powers of
the district, including, without limitation, provisions for the
financing of acquisitions, constructions, developments and
The board may, by ordinance, establish general rules for the
government of the harbor, including, without limiting the generality
of the foregoing:
(a) The regulation of anchoring, mooring, towing, wharfage and
dockage of vessels and the establishment and collection of rates,
fees and charges therefor.
(b) The establishment and collection of rates, fees and charges
for service from or use of any of the facilities owned, controlled,
furnished or operated by the district.
(c) The supervision of pilots and the pilotage of all vessels
within the harbor and the establishment and collection of fees and
(d) The regulation of the construction of wharves, docks,
buildings and improvements of all types on property owned or
controlled by the district.
(e) The issuance of licenses and permits for privileges to be
exercised in and about the harbor upon equal terms and the
establishment and collection of rates, fees and charges therefor.
The district may construct any works along, under, or across
any street, road, or watercourse upon payment of compensation
therefor, if required, in a manner that will afford security for life
The district may use any lands acquired or owned by the
district for street or highway purposes. If it is necessary or
expedient to convey any of the lands owned by the district for street
or highway purposes, the board, by resolution, may authorize the
president and secretary to execute the deed to the public entity
entitled thereto and deliver it to the proper authority representing
The district may sell and issue franchises relating to the
harbor and its works, appurtenances, properties, and rights in
accordance with procedure as may be prescribed by ordinance.
The district may advertise its advantages and solicit
business within or without the district, within other states or any
foreign countries through such employees or agents as are expedient.
The district may accept aid from the United States or any
department or agency thereof or from the State or any department or
agency thereof and from any county, city and county, city, district
or other public or private corporation or person. Any county, or city
and county, or city, any portion of which is within the district may
provide such money as in the opinion of its legislative body may be
required, necessary or expedient to be provided in aid of any of the
uses or purposes set forth in Section 7149.