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California Laws | Harbors and Navigation Code
DIVISION 3. VESSELS
CHAPTER 4. SERVICE OF PROCESS (600-609)

605. Where the nonresident has died prior to the commencement of a suit, action or proceeding brought pursuant to this chapter service of process shall be made on the executor or administrator of the nonresident in the same manner and on the same notice as is provided in the case of the nonresident. Where a suit, action or proceeding has been duly commenced under the provisions of this chapter by service upon a defendant or respondent who dies thereafter, the court shall allow the suit, action or proceeding to be continued against his executor or administrator upon motion with such notice as the court deems proper. (860)

606. Proof of compliance with Section 604 shall be made in the event of service by mail by affidavit of the plaintiff or libelant or by affidavit of his attorney showing said mailing, together with the return receipt of the United States post office bearing the signature of the defendant or respondent. The affidavit and receipt shall be appended to the original summons or original citation, which shall be filed with the court from out of which the summons or citation issued within such time as the court may allow for the return of the summons or citation. (861)

In the event of personal service outside this State, compliance with Section 604 may be proved by the return of any duly constituted public officer, qualified to serve like process of and in the state or jurisdiction where the defendant or respondent is found, showing such service to have been made. The return shall be appended to the original summons or original citation which shall be filed as aforesaid. (862)

607. The court in which the suit, action or proceeding is pending may order such continuances as may be necessary to afford the defendant or respondent reasonable opportunity to defend the suit, action or proceeding. (863)

608. In the event of service of process pursuant to this chapter upon a nonresident outside this State, the person so served shall have 60 days from receipt of the notice required under Section 604 in which to appear in the suit, action or proceeding in which the summons or citation was issued. (864)

609. Nothing in this chapter shall be construed as affecting other methods of service of process upon nonresidents as now provided by existing laws. (865)

CHAPTER 4.5. MARINAS (630) (866)(Text)

630. The operator of every privately or publicly owned marina or small craft harbor, or facilities in connection therewith, furnishing electrical power to slips or berths for use aboard any vessel, may provide facilities for submetering to measure the electrical power actually used by or aboard each vessel and may base charges therefor upon that use including the actual cost of inspection, testing, and registration of submeters that may be charged by any authority having jurisdiction thereof. (867)

CHAPTER 5. OPERATION AND EQUIPMENT OF VESSELS (868)(Text)

Article 1. Operation and Equipment (650-674) (869)(Text)

650. It is the policy of this state to promote safety for persons and property in and connected with the use and equipment of vessels and to promote uniformity of laws relating thereto. (870)

650.1. (a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this state. (871)

(b) This chapter, except those sections which expressly indicate otherwise, shall not apply to the following: (872)

(1) Foreign vessels temporarily using waters subject to state jurisdiction. (873)

(2) Military or public vessels of the United States, except recreational-type public vessels. (874)

(3) A vessel whose owner is a state or subdivision thereof, which is used principally for governmental purposes, and which is clearly identifiable as such. (875)

(4) Ship's lifeboats. (876)

651. As used in this chapter, unless the context clearly requires a different meaning: (877)

(a) "Alcohol" means any form or derivative of ethyl alcohol (ethanol). (878)

(b) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (879)

(c) "Associated equipment" means any of the following, excluding radio equipment: (880)

(1) Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component. (881)

(2) Any accessory or equipment for, or appurtenance to, a boat. (882)

(3) Any marine safety article, accessory, or equipment intended for use by a person on board a boat. (883)

(d) "Boat" means any vessel that is any of the following: (884)

(1) Manufactured or used primarily for noncommercial use. (885)

(2) Leased, rented, or chartered to another for the latter's noncommercial use. (886)

(3) Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state that are not declared navigable by the United States Coast Guard. (887)

(4) Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code. (888)

(e) "Chemical test" means a test that analyzes an individual's breath, blood, or urine, for evidence of drug or alcohol use. (889)

(f) "Controlled substance" means controlled substance as defined in Section 11007 of the Health and Safety Code. (890)

(g) "Department" means the Department of Boating and Waterways. (891)

(h) "Director" means the Director of Boating and Waterways. (892)

(i) "Drug" means any substance or combination of substances other than alcohol that could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree his or her ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of his or her faculties, using reasonable care, would operate a similar vessel under like conditions. (893)

(j) "Intoxicant" means any form of alcohol, drug, or combination thereof. (894)

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