Article 1 Administration
Article 2 General Powers
Article 2.5 Beach Erosion Control
Article 2.6 California Recreational Boating Trails
Article 2.8 California Public Beach Restoration Act
Article 3 Small Craft Harbors and Connecting Waterways
Article 4 Vessels and Vessel Operators
Article 5 Recreational Marinas

Terms Used In California Codes > Harbors and Navigation Code > Division 1 > Chapter 2 - Department of Boating and Waterways

  • Acquisition: means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights. See California Public Resources Code 75005
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeals board: means the California Unemployment Insurance Appeals Board. See California Government Code 19878
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Board: means the Wildlife Conservation Board. See California Public Resources Code 75005
  • Board of directors: as used in this article includes the policy-determining body of an insurer whether or not it is called by that name. See California Insurance Code 688.5
  • California Water Plan: means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments. See California Public Resources Code 75005
  • City: includes city and county. See California Harbors and Navigation Code 15
  • City: includes "city and county. See California Insurance Code 15
  • City: includes city and county. See California Business and Professions Code 18
  • Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
  • Committee: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Finance Committee created by Section 80162. See California Public Resources Code 80002
  • Community access: means engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income communities, to natural or cultural resources, community education, or recreational amenities. See California Public Resources Code 80002
  • Community development infrastructure: means California debt, including all debt issued by the State of California or a California state or local government agency, if all or a portion of the debt has as its primary purpose community development for, or that directly benefits, underserved or low-to-moderate-income communities and is consistent with subdivision (b). See California Insurance Code 926.1
  • Community development investment: includes , but is not limited to, investments in California in the following:

    California Insurance Code 926.1

  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes city and county. See California Harbors and Navigation Code 14
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes "city and county. See California Public Resources Code 14
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defect: means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law. See California Elections Code 19210
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delta: means the Sacramento-San Joaquin River Delta. See California Public Resources Code 75005
  • Department: means the Department of Water Resources. See California Public Resources Code 75005
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 80002
  • Department: means the Department of Human Resources. See California Government Code 19815
  • Department: means the Department of Justice. See California Business and Professions Code 17511.2
  • Dependent: A person dependent for support upon another.
  • Development: includes , but is not limited to the physical improvement of real property including the construction of facilities or structures. See California Public Resources Code 75005
  • Devise: To gift property by will.
  • Director: means the Director of the Department of Human Resources. See California Government Code 19815
  • disabled: includes mental or physical illness and mental or physical injury, including any illness or injury resulting from pregnancy, childbirth, or related medical condition. See California Government Code 19878
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Diverse investment managers: means investment management organizations, including corporations, groups, and persons within corporations, partnerships, limited liability corporations, and other special purpose vehicles that are either located in, or actively make and hold investments in, California and whose investment managers are composed of at least 51 percent women, veterans, minorities, or lesbian, gay, bisexual, transgender, or queer persons, or a combination of persons in those groups. See California Insurance Code 926.1
  • Division: means the Division of Labor Relations. See California Government Code 19815
  • Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
  • Elections official: means any of the following:

    California Elections Code 320

  • Employee: means any of the following:

    California Government Code 19878

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executor: A male person named in a will to carry out the decedent
  • Failure: means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer's product requirements for that software or firmware or applicable law. See California Elections Code 19210
  • Family Care Leave benefits: means benefits authorized by Section 19878. See California Government Code 19878
  • Fault: means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer's program specification or applicable law. See California Elections Code 19210
  • Fiduciary: A trustee, executor, or administrator.
  • firefighter: shall be deemed to include a member of a fire department or fire service of the state, including the University of California, whether these members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. See California Government Code 19886
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
  • Fraud: Intentional deception resulting in injury to another.
  • Full pay: means the gross base salary earnable by the employee, and subject to retirement contribution on the date of the commencement of the employee's disability. See California Government Code 19878
  • Fund: means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. See California Public Resources Code 75005
  • Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Public Resources Code 80002
  • General election: means either of the following:

    California Elections Code 324

  • Geography: means a census tract delineated by the United States Bureau of the Census in the most recent decennial census. See California Insurance Code 926.1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Insurer: as used in this article includes insurance corporations and insurer organizations of every type and reciprocal or interinsurance exchanges and the incorporated attorney in fact of a reciprocal or interinsurance exchange, which corporate attorney in fact is either organized under the laws of or has its home office and principal place of business in this State. See California Insurance Code 688.5
  • Insurer: means an admitted insurer as defined in Section 24, including the State Compensation Insurance Fund, or a domestic fraternal benefit society as defined in Section 10990. See California Insurance Code 926.1
  • Interpretation: includes , but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation. See California Public Resources Code 75005
  • Interpretation: includes , but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may utilize educational materials in multiple languages, digital information, and the expertise of a naturalist or other skilled specialist. See California Public Resources Code 80002
  • Investment: means a lawful equity or debt investment, or loan, or deposit obligation, or other investment or investment transaction allowed by the Insurance Code. See California Insurance Code 926.1
  • Item: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See California Business and Professions Code 17511.2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local conservation corps: means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406. See California Public Resources Code 75005
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Moderate-income: means an individual income that is at least 50 percent but less than 80 percent of the AMI, or a median family income that is at least 50 percent but less than 80 percent of the AMI in the case of a geographical area. See California Insurance Code 926.1
  • Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MSA: means a metropolitan statistical area as defined by the Director of the Office of Management and Budget. See California Insurance Code 926.1
  • Nonmetropolitan area: means any area that is not located in an MSA. See California Insurance Code 926.1
  • Oath: includes affirmation. See California Insurance Code 17
  • Oath: A promise to tell the truth.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Business and Professions Code 17511.2
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • Preservation: means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities. See California Public Resources Code 75005
  • Preservation: means rehabilitation, stabilization, restoration, conservation, development, and reconstruction, or any combination of those activities. See California Public Resources Code 80002
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See California Business and Professions Code 17511.2
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Protection: means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation. See California Public Resources Code 75005
  • Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Public Resources Code 80002
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reduced worktime: as used in this article , means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime. See California Government Code 19996.20
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reservation-based: means an area of land managed by a Native American tribe under the jurisdiction of the federal Bureau of Indian Affairs, provided that the tribe is named on the most current list of "Indian Entities Recognized and Eligible to Receive Services From the Bureau of Indian Affairs" or successor document, as published in the Federal Register by the Bureau of Indian Affairs. See California Insurance Code 926.1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. See California Public Resources Code 75005
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Public Resources Code 80002
  • Salesperson: means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See California Business and Professions Code 17511.2
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 75005
  • seller: means a person who, on their own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in §. See California Business and Professions Code 17511.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State Board: means the State Water Resources Control Board. See California Public Resources Code 75005
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
  • Vote tabulating device: means any piece of equipment, other than a voting machine, that compiles a total of votes cast by means of ballot card sorting, ballot card reading, paper ballot scanning, electronic data processing, or a combination of that type of equipment. See California Elections Code 358
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362