Section § 1

Explanation

This law establishes the name of the legal rules governing harbors and navigation as the Harbors and Navigation Code.

This act shall be known as the Harbors and Navigation Code.

Section § 2

Explanation

This section explains that if the rules in this code are mostly the same as current laws about the same topic, they should be seen as updates to and continuations of existing laws, not completely new laws.

The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments.

Section § 3

Explanation

Anyone who is currently holding an office when this new code comes into effect will keep their job if that office still exists under the new code. They will continue serving in their role as they did before.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold them according to their former tenure.

Section § 4

Explanation

This law section states that if a legal action or proceeding started before the new code became effective, or if a right had already been established, these situations won't be changed by the new code. However, any further steps in these cases should try to follow the new code's procedures as much as they can.

Any action or proceeding commenced before this code takes effect, and any right accrued, is not affected by this code, but all procedure taken shall conform to the provisions of this code as far as possible.

Section § 5

Explanation

This section states that unless there’s a specific reason not to, the definitions, construction rules, and general provisions outlined will be used to interpret the code.

Unless the provision or the context otherwise requires, these definitions, rules of construction and general provisions shall govern the construction of this code.

Section § 6

Explanation
The titles and headings used in the code do not change or influence how the laws and their intentions are understood or applied.
Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.

Section § 7

Explanation

This section explains that when a public officer is given certain powers or responsibilities, they can allow a deputy or another legally authorized person to carry out those powers or duties unless a specific law says otherwise.

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise.

Section § 8

Explanation

This section defines 'writing' as any recorded message that can be understood by looking at it. It also states that if any notice, report, statement, or record is needed or allowed by this code, it must be in writing and in English, unless there's a specific exception.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Section § 9

Explanation

If a law mentions any part of this code or other state laws, that mention includes any changes or new parts added in the future.

Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made.

Section § 10

Explanation

This section defines terms used in the code. "Section" refers to a part of this code, unless another law is mentioned. "Subdivision" refers to a part within a specific section, unless another section is specifically cited.

“Section” means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term occurs unless some other section is expressly mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

This section means that when the law uses masculine words, it also applies to feminine and gender-neutral words. So, it's not just talking about men; it's inclusive of all genders.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This law states that in legal documents, if something is mentioned in singular form, it also applies to the plural, and vice versa. This means that a term referring to one item can also mean multiple items, and a term referring to multiple items can also mean just one item in legal contexts.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This law clarifies that when you come across the term "county" in this context, it also covers both individual cities and combined city-counties.

“County” includes city and county.

Section § 15

Explanation

This law section states that when the term "city" is used, it also includes "city and county" combined. So, in any legal contexts, if you see "city," it means both individually or jointly with the county.

“City” includes city and county.

Section § 16

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 17

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 18

Explanation

In California, if someone can't write their signature, they can use a mark instead. A witness must write the person's name next to the mark and also sign their own name nearby. However, for the signed mark to be recognized as official or used in a sworn statement, it needs to be witnessed and signed by two people.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 19

Explanation

This law defines the term "person" to include not just individual people but also entities like firms, associations, organizations, partnerships, limited liability companies, business trusts, corporations, and companies.

“Person” means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company.

Section § 20

Explanation
This section clarifies that when the term 'State' is used, it generally refers to California. However, if it's in reference to different parts of the U.S., it also includes the District of Columbia and U.S. territories.
“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories.

Section § 21

Explanation

This law defines a 'vessel' as any kind of ship or boat, including steamboats, steamships, canal boats, barges, and sailing vessels. Essentially, it covers any structure that can move from place to place to transport goods or people.

“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.

Section § 22

Explanation

This law defines a "steam vessel" as any type of watercraft that is driven by machinery.

“Steam vessel” means any vessel which is propelled by machinery.

Section § 23

Explanation

The term “wharf” in this context is not limited to just one type of structure; it also includes piers, quays, and landings. So, whenever you see 'wharf,' it refers to these other structures too.

“Wharf” includes pier, quay, or landing.

Section § 24

Explanation

This law defines the term "goods" to mean wares or merchandise.

“Goods” includes wares or merchandise.

Section § 25

Explanation

This section says that if a part of this code is found to be invalid for some people or situations, the rest of the code still stands and can continue to be applied to others.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.