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California Laws | Harbors and Navigation Code

304. A person in command or charge of a vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys it or any of its cargo, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud a person, is guilty of a felony. (471)

305. A person, other than one described in Section 304 who is guilty of any act specified in that section is guilty of a felony. (472)

306. A person who prepares, makes, or subscribes a false or fraudulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is guilty of a felony. (473)

307. A person who moors a vessel to, or hangs on with a vessel to a buoy or beacon, except a designated mooring buoy, or who willfully removes, damages, or destroys, a buoy or beacon, placed by competent authority in any navigable waters of this state, is guilty of a misdemeanor. (474)

308. A person who moors a vessel of any kind, to a buoy or beacon, except a designated mooring buoy, placed in the waters of the state by authority of the United States Coast Guard, or who in any manner hangs on to the same, with a vessel, or who willfully removes, damages, or destroys any such buoy or beacon, or any part of the buoy or beacon, or who cuts down, removes, damages, or destroys a beacon erected on land in this state by that authority, is, for every offense, guilty of a misdemeanor. (475)

309. A person found guilty of a misdemeanor violation as provided in this chapter shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (476)

310. Notwithstanding any other provision of law, a person found guilty of a felony violation as provided in this chapter shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment in the state prison for 16 months, two or three years, or both that fine and imprisonment. (477)



Article 1. General Provisions and Definitions (399-406) (480)(Text)

399. The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so far as they may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress. (481)

400. "Appurtenances" include all things belonging to the owners, which are on board a vessel, and which are connected with its proper use and the objects of the voyage and adventure in which it is engaged. (482)

401. Vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States. (483)

402. A vessel in a port of the country in which it is registered is called a domestic vessel, in another port it is called a foreign vessel. (484)

403. If a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent jurisdiction. (485)

404. If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies. (486)

405. The registry, enrollment, and license of vessels are regulated by acts of Congress. (487)

406. Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any superseding federal law. (488)

Article 1.5. Vessel Repair (410-418) (489)(Text)

410. As used in this article, the following definitions apply: (490)

(a) "Customer" means any person who requests a repairperson to do work on a vessel which is in the possession of that person. (491)

(b) "Repairperson" means any person engaged in the business of repairing vessels. (492)

(c) "Vessel" means any vessel which is subject to registration with the Department of Motor Vehicles and which is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use. (493)

411. This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more. (494)

412. Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson has complied with this article. (495)

413. No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the following requirements: (496)

(a) The repairperson shall give to the customer either of the following: (497)

(1) A written estimated price for labor and parts for a specific job. (498)

(2) A written estimate of the maximum cost for a specific job which does not differentiate between labor and parts, but which shall not be exceeded by the actual cost of the job, including labor and parts. (499)

No work shall be done or parts supplied in excess of, or different from, the original written estimate without the separate oral or written consent of the customer. If the consent is oral, the repairperson shall make a notation on the work order and on the invoice of the date, time, name of person authorizing the additional work or change in work, and the telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost. (500)

(b) If it is necessary to disassemble a vessel or its component in order to prepare a written estimated price for required work, the repairperson shall first give the customer a written estimated price for the disassembly and reassembly. The estimate shall also include the cost of parts and necessary labor to replace items such as gaskets, seals, and O rings that are normally destroyed by disassembling the component. If the disassembling might prevent the restoration of the component to its former condition, the repairperson shall write that information on the work order containing the estimate before the work order is signed by the customer. (501)

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