It is hereby declared to be a public nuisance and unlawful for any person to make deliveries of fresh fish at the Port of Monterey except at and upon Municipal Wharf No. 1 or Municipal Wharf No. 2 for commercial purposes; provided, that sardines and other fresh fish may be delivered to canneries or reduction plants or manufacturers of fish oil, fish meal or fish fertilizer at such port for processing.

ARTICLE 2.
MUNICIPAL WHARVES.

DIVISION 1.

GENERALLY.

Sec. 17-2. Docking, loading, etc., of vessels --precedence of vessels.

All boats and vessels shall have the right to dock, land, and discharge passengers or merchandise or freight, upon payment of the wharfage charges, in rotation and sequence as they may present themselves for berths, at Municipal Wharf No. 1 or Municipal Wharf No. 2; provided, that boats on regular runs shall at all times have precedence, and that no vessel shall be allowed to occupy a berth except when receiving or discharging cargo, then and there present, to the exclusion of any boat waiting for berth accommodations in order to receive or discharge cargo.

Sec. 17-3. Same -- when permitted.

Berthing or docking alongside Municipal Wharf No. 1 and Municipal Wharf No. 2 shall be permitted only during the time when nets, equipment or supplies are being loaded or unloaded. At all other times docking shall be prohibited, except at a concession leased to a concessionaire by the City, at which boats may dock without charge when engaged in or carrying on with such concessionaire such business as they are authorized to transact by the City thereat.

Sec. 17-4. Same - Designation of Space; Docking Time Allowed

Space at which fishing vessels may be allowed to dock at Municipal Wharves No. 1 and No. 2 will be designated by the Harbormaster. Dockage shall commence upon a vessel when making fast to the Wharf and shall continue until such vessel is completely severed from and has vacated the berth at such wharf.

Sec. 17-5 Wharfage Rates and Charges.

The rates for wharfage on Monterey Municipal Wharves Nos. 1 and 2 are hereby fixed as follows:

(a) Fish, mollusks, crustaceans and other products of the sea intended for human or animal consumption, $1.00 per ton.

(b) All petroleum products transported by pipeline, $0.25 per ton.

(d) A “ton” shall mean 2,000 pounds.

(e) Wharfage shall be paid by the party receiving the goods.

Wharfage shall be paid for all goods, wares or merchandise loaded or unloaded from a municipal wharf to a vessel. Passengers and such items as nets, equipment loading and unloading for purposes of repair, foodstuffs for consumption on commercial vessels and similar items not intended for commercial re-use or re-sale shall not be subject to wharfage. Any dispute as to whether an item is subject to wharfage, or the amount due, shall be determined by the City Manager. Determinations of the City Manager under this section shall be subject to appeal to the City Council.

Sec. 17-6. Bonds required for transporting of excessive loads.

The City Manager may require a bond from any person transporting gross loads in excess of ten tons over and across Municipal Wharf No. 1 or Municipal Wharf No 2, such bond to insure payment of any damage to such wharves because of the transportation of such gross loads in excess of ten tons.

Sec. 17-7 Fish, etc., to be sold, delivered, etc., only by licensed concessionaires.

No person shall offer for sale or deliver to any other person on Municipal Wharf No. 1 or Municipal Wharf No. 2, who is not a licensed concessionaire, any fresh fish or other seafood.

No person who is not a licensed concessionaire shall accept delivery of or purchase any fresh fish or seafood from any person not a licensed concessionaire.

For the purposes of this Section, the words “licensed concessionaire” shall mean any person who is the holder of a business license issued by the City, which is in full force and effect for the business of purchasing or selling fish, and who is the holder of a lease in full force and effect to a concession upon Municipal Wharf No. 1 or Municipal Wharf No. 2.

Sec. 17-8 Restrictions on use of wharves for storing, etc., of goods.

No material or merchandise shall be stored or sorted on Municipal Wharf No. 1 or Municipal Wharf No. 2, and no material, merchandise or vehicle shall be placed or parked so as to obstruct any portion of either of such wharves, except in designated concessions. No boats shall be furnished diesel oil or gasoline from tank trucks on either such Wharf.

Sec. 17-8.5 Regulation of Alcoholic Beverage Sales in Fish Markets, Wharf No. 1.

No beer, wine, or other permitted alcoholic beverage may be sold in any retail fish market on Wharf No. 1 unless the seller or concessionaire displays approved signs at least every three (3) feet in or on all beverage display cases containing alcoholic beverages, in front of the alcoholic beverages, indicating that consumption of alcoholic beverages off the premises on the public portion of the wharf is prohibited and is punishable by a fine of up to $500. The signage program shall be approved by the Public Facilities Director and shall include the location and number of signs to be prominently displayed. All such signs shall be at least eight inches by five inches (8" X 5") in dimension and the lettering on the signs shall be clearly readable from a distance of five (5) feet.

The placement of individual alcoholic beverage containers in paper bags, opaque plastic bags, or other similar opaque pouch or receptacle which would cover or conceal the label on the container, or the furnishing of said bags, pouches or receptacles, by sellers or concessionaires, is prohibited when the beverage is likely to be immediately consumed by the purchaser or when it is reasonable to assume that the beverage will be consumed by the purchaser on Wharf No. 1. For purposes of this section, if the beverage container is opened on the premises, it shall be conclusively presumed that the beverage will be immediately consumed on Wharf No. 1.

Sec. 17-9. Restrictions on Fishing on Wharves.

The City Council may, by resolution, prohibit fishing on certain areas of Municipal Wharf No. 1 and Municipal Wharf No. 2 when it finds that such fishing creates a nuisance or danger to the lessees, occupants or the general public.

The City Manager shall post any area in which fishing has been prohibited by resolution, by placing signs declaring and delineating the area in which fishing is prohibited.

For purposes of this Section, “fishing” is defined as any taking, or attempt to take, any wild fish, mollusk, or crustacean, or any part of spawn thereof, by any means whatsoever, including but not limited to rod and reel, hand line, net or trap.

No person shall fish in an area in which fishing has been declared as prohibited and has been properly signed and posted giving notice thereof.

The Harbormaster shall enforce the provisions of this Section.

Sec. 17-9.1 Overhead Casting.

No person shall cast or throw over his or her head or shoulders any metal or mineral weight or sinker attached to any fishing line or fishing tackle, on or from Municipal Wharf No. 2.

Sec. 17-9.2 Standing on Railings.

No person shall stand on the railings around Municipal Wharf No. 2.

Sec. 17-10 Enforcement of Article.

The Harbormaster is authorized to issue citations for the violation of any of the provisions of this Article.

DIVISION 2.

MUNICIPAL WHARF NO. 1

Sec. 17-11 Operation and use of Vehicles - Restrictions, concessionaire permits; special parking permits; authority of wharf traffic officer.

(a) During the summer season, June 1 through September 30 inclusive, no person shall drive or operate a vehicle, other than a commercial vehicle or a vehicle displaying a concessionaire’s sticker, on Municipal Wharf No. 1 between the hours of 11:00 a.m. and 6:00 p.m. daily, including Saturdays, Sundays and Holidays.

(b) During the winter months, October 1 through May 31 inclusive, no person shall operate a motor vehicle other than a commercial vehicle or a vehicle displaying a concessionaire’s sticker on Municipal Wharf No. 1 between the hours of 12:00 Noon and 7:00 p.m. daily, including Saturdays, Sundays and Holidays.

1. Other provisions in this section notwithstanding, except as set forth herein, no person shall drive or operate any vehicle on Municipal Wharf No. 1 between the hours of 11:00 a.m. and 6:00 p.m. Saturdays, Sundays and Holidays other than for the purpose of conducting emergency repairs or for the purpose of making a necessary pickup or delivery where a concessionaire or his designated employee has, prior to such pickup or delivery, signed a logbook kept by the Parking Enforcement Officer assigned to Wharf No. 1, indicating the person or firm authorized to make such a pickup or delivery, the reason for the pickup or delivery, and anticipated length of time necessary for the pickup or delivery, and any special conditions or requirements that will be necessary to complete the pickup or delivery on the Wharf. As used herein, the term “necessary pickup or delivery” shall refer to a pickup or delivery of merchandise or goods upon the Wharf which, in the opinion of the Parking Enforcement Officer, cannot wait until a non-restricted time or which cannot be accomplished by the use of a handcart or other similar device. The above provisions notwithstanding, commercial fish market concessions shall be allowed one truck each upon the Wharf at all times, except as provided in subsection (g) following. In every case, the discretionary authority vested in the Wharf traffic officer on duty, in subsections (g) 1. and 2. shall supersede any provision contained herein should any conflict arise.

(c) Commercial vehicles and vehicles displaying concessionaire’s permits shall be permitted on the Municipal Wharf No. 1 during the period specified in subsection (a) and (b) of this section only for the period necessary to load and unload goods, wares and merchandise, but in all events not longer than 20 minutes.

(d) “Commercial vehicle” as used in this Division means any vehicle bearing a commercial license plate issued by the state or the equivalent license plate issued by any state or agency of the federal government.

(e) “Concessionaire’s sticker” as used in this Division means a sticker or other special identification issued by the City. The City shall issue one concessionaire’s sticker to each separate business entity on Municipal Wharf No. 1.

(f) The Parking Facilities Supervisor may issue special parking permits to concessionaires who require a vehicle available at all times to transport their goods, wares and merchandise, or for other special reasons. Vehicles displaying such special parking permits may park in spaces specified by the Parking Facilities Supervisor in excess of the 20 minute time limit specified in subsection (c) herein and need not be in the process of loading and unloading goods, wares or merchandise.

(g) The foregoing regulations notwithstanding, if at any time there is a wharf traffic officer on duty, he shall have authority to do the following:

1. Prohibit all vehicles, including commercial vehicles and vehicles displaying a concessionaire’s permit from operating on the wharf where the amount of pedestrian traffic on the wharf would make operation of a motor vehicle dangerous to such pedestrians, or where there are not parking spaces available.

2. Permit noncommercial vehicles on the wharf for the purpose of transporting injured or disabled persons.

3. Permit noncommercial vehicles on the wharf for the purpose of transacting business with fish markets, sport fishing concessions or the marine repair concession for the purpose of picking up or delivering merchandise or equipment.

(h) All vehicles on Municipal Wharf No. 1 shall observe and be subject to the parking regulations set forth in Section 17-13 except those vehicles displaying a special parking permit pursuant to subsection (f) herein.

Sec. 17-11.5 Maximum Weight Limits.

No person shall drive or operate any vehicle upon Municipal Wharf No. 1 if the vehicle exceeds 8 tons gross vehicle weight for two axle vehicles or 10 tons gross vehicle weight for all other vehicles.

Violation of this section shall constitute a misdemeanor. Any person who violates this section shall also be liable to the City by way of civil penalty in the sum of Five Hundred Dollars ($500.00), with the penalty to be used for maintenance or reconstruction of the Wharf. No criminal violation may be prosecuted unless appropriate signs are posted and visible on Wharf No. 1.

Sec. 17-12. Same -- speed limit.

No person shall drive or operate a motor vehicle upon Municipal Wharf No. 1 in excess of five (5) miles per hour and in no event at a speed which endangers the safety of persons or property.

Sec. 17-13. Same -- parking regulations.

No person shall stop, stand or park a vehicle on Municipal Wharf No. 1, except as follows:

(a) Permit parking. Any person engaged in constructing or repairing any facility on Municipal Wharf No. 1 may obtain a permit to park for such time and in such location as is necessary from the Chief of Police or such other person as is designated by the Chief of Police to issue such permits.

Ord. No. 2944 - 7/29/89

Ord. No. 2426 - 12/7/81

§ 17-13. The Chief of Police shall ascertain from the applicant the nature of the work to be performed, the location thereof and the time necessary to complete the work and shall issue a permit designating the location and time for which such permit shall be valid. The permit so issued shall be displayed prominently on the windshield of the vehicle at all times while parked on Municipal Wharf No. 1.

(b) Parking in designated zones. No person shall stop, stand, or park a motor vehicle except in a designated yellow zone.

(c) Time limits. No person shall stop, stand or park a vehicle in excess of 20 minutes between the hours of 6:00 a.m. and 9:00 p.m. daily, including Saturdays, Sundays and holidays, during the summer season, June 1 through September 30 inclusive; nor between the hours of 6:00 a.m. and 7:00 p.m. daily, including Saturdays, Sundays and holidays, during the winter season, October 1 through May 31 inclusive.

(d) Yellow zones. A “yellow zone” as used in this Section is defined to mean any portion of Municipal Wharf No. 1 distinctively marked with yellow paint. The Chief of Police shall from time to time determine and designate the number and location of yellow zones on Municipal Wharf No. 1.

Sec. 17-14. Regulations for Concessions.

No person shall operate any concession on Wharf No. 1 in violation of the lease for that premises. For purposes of this section, the term “violation of the lease” shall not refer to any failure to pay rent in a timely manner. Violation of this provision shall constitute a misdemeanor and shall be punished in accordance with City Code Section 1-7.

In addition to any other legal remedy or penalty, any person operating a concession on Wharf No. 1 in violation of the lease, as defined herein, for that premises may be subject to a civil penalty in the sum of Two Hundred Dollars ($200.00) for a first violation and One Thousand Dollars ($1,000.00) for each subsequent violation within two years. This penalty may be enforced by civil action.

Sec. 17-15 Docking of boats limited to certain uses.

All boats shall be prohibited from docking at Municipal Wharf No. 1 at any place except immediately adjacent to the concession, except for loading or discharging passengers, fish, merchandise or freight, or making emergency repairs.

Sec. 17-16 Defacing, obliterating, etc., of signs and markings prohibited.

No person shall obliterate, deface, or paint out any sign or loading zone marking placed on Municipal Wharf No. 1 or any sign installed by the City on such Wharf.

Sec. 17-16.1 Use of bicycles and skateboards restricted.

No person shall ride, drive or propel any bicycle or skateboard on any portion of Municipal Wharf No. 1. This Section shall not be construed to prohibit or restrict any person from walking a bicycle or carrying a skateboard on said Wharf.

Sec. 17-16.2 No Dogs Allowed Upon Wharf.

No person shall permit any dog under his or her ownership, care, charge, or control to be upon Wharf No. 1. This section shall not apply to properly leashed or harnessed guide dogs for the blind or visually impaired, signal dogs for the deaf or hearing impaired, or service dogs for individuals with any other disability. (Ord. 3424 § 7, 2009)

Sec. 17-16.3 Pre-Construction Rules.

No building permit for any construction project on Wharf No. 1 shall be valid unless the permittee is in compliance with the special Rules for Building Permits for Fisherman’s Wharf as adopted by Resolution and amended from time to time.

DIVISION 3.

MUNICIPAL WHARF NO. 2

Sec. 17-17. Operation and use of Vehicles - Speed Limit.

No person shall drive or operate a vehicle on Municipal Wharf No. 2 in excess of ten (10) miles per hour, and in no event at a speed which endangers persons or property.

Sec. 17-18. Same - Restricted in Certain Areas.

No person shall drive or operate a vehicle around the warehouse on the north end of Municipal Wharf No. 2, other than a commercial vehicle and for the purposes of transacting business with a concessionaire located in such warehouse.

Sec. 17-19. Same - Parking Restrictions.

No person shall stop, stand or park a vehicle on Municipal Wharf No. 2, other than in designated and marked parking spaces.

No person shall permit any vehicle with a gross vehicle weight in excess of 6500 pounds under their possession or control to travel or park on the eastern extension of Municipal Wharf No. 2 located between the foot of this Wharf and the easterly prolongation of H-Tier.

Sec. 17-20. Designation and marking of parking spaces and loading zones.

Parking spaces and loading zones on Municipal Wharf No. 2 shall be marked and designated by the City Manager.

Sec. 17-21. Operation and mooring of boats prohibited in certain areas.

No person shall operate a boat beneath Municipal Wharf No. 2, within 410 feet of the southerly end thereof; and no person shall operate a boat east of Municipal Wharf No. 2 for a distance of 700 feet within 150 feet of shore, this area being reserved for swimming.

No person shall moor a boat on the easterly side of Municipal Wharf No. 2 for a distance of 700 feet within 150 feet of shore, this area being reserved for swimming.

Sec. 17-22. Deleted by Ordinance No. 3100 C.S.

Sec. 17-23. Throwing, depositing, etc., of garbage, refuse, etc., prohibited; exception.

No person shall throw or cause to be thrown any garbage, refuse, fish, mollusk or any other waste material of any kind from Municipal Wharf No. 2 into the bay.

No person shall deposit or cause to be deposited any garbage, refuse, fish, mollusk or any other waste material of any kind upon Municipal Wharf No. 2, except in containers provided therefor.

Sec. 17-24. Diving prohibited.

No person shall dive from Municipal Wharf No. 2 or from any portion of the structure thereof, into the bay.

Sec. 17-24.5 Conditions of Use of Public Hoist

(a) Maximum time limit. The maximum time limit for an individual to use the hoist shall be 20 minutes.

(b) Weight limit. The maximum weight to be lifted shall not exceed 6,000 lbs.

(c) No person shall operate the hoist without prior written approval from the Harbormaster. Such approval will be given only to persons who have received instructions from the Harbormaster on how to use the hoist and who have signed an appropriate release of liability in favor of the City. Any person using the hoist may be required to show proof of this permission and positive identification.

(d) Authorized uses. The following uses are permitted as noted:

1. Boat launching and retrieval. Boats must be rigged with lift eyes.

2. Gear and propulsion machinery, as per the limits described above. Precautions must be made to be sure that no oil, fuel, or other materials are spilled and enter the water or go onto the docks or deck.

3. Fish products. Only boxed or tote-contained fish products may be lifted in drip-proof containers (no brailed fish). Products may only go into vehicles owned by the fisherman. No wholesale or retail sales on Wharf II or other City property or transfer of fish products to second parties, except through City-authorized concessionaires. City-authorized concessionaires may not assign their product-handling rights to second parties. No kelp may be unloaded. Hoist user will be responsible to clean up any mess produced.

4. Limited vessel repair, maintenance and inspection. Only minor vessel repairs, maintenance or inspections, which take less than 20 minutes to complete, can occur on hoisted vessels. No hull cleaning, sanding or painting allowed.

5. Non-commercial uses. The hoist may not be used for commercial uses.

(e) Obstructing business or traffic: Hoist users must not obstruct or interfere with the business of Wharf II concessionaires, nor may they obstruct traffic.

(f) Berthing: Berthing at the hoist staging dock shall be limited to 20 minutes. Ord. 3261;10/99

ARTICLE 3.
MONTEREY MARINA.

Sec. 17-25. Definitions.

For the purposes of this Article, the following words and terms shall have the meanings respectively ascribed to them by this section:

(a) General. Words and phrases not specifically defined shall be subject to definition and interpretation by the Harbormaster.

(b) Monterey Marina. The area bounded by the easterly edge of Municipal Wharf No. 1, the southerly edge of the frontal wall, the westerly edge of Municipal Wharf No. 2, and the northerly edge of Municipal Wharf Parking Lot No. 1.

(c) Berth. A place to tie a vessel between or along finger floats and headed by a walkway, or at the end of a walkway, as so designated by the Harbormaster.

(d) Licensee. The person or persons who have signed a berth license agreement under the authority of the Harbormaster in conformance with these rules and regulations.

(e) Transient Use. Interim use of berthing facilities, assigned by the Harbormaster, by boaters who do not hold a berth license with the City of Monterey.

(f) Stray Current Corrosion. Stray current corrosion shall be defined as the corrosion that results when a current from a battery or other external electrical source (AC or DC) causes a metal, in contact with an electrolyte, to become anodic with respect to another metal in contact with the same electrolyte.

Sec. 17-26. Harbormaster.

(a) The Harbormaster, acting under the authority of the City Council, City Manager, and the Public Facilities Director, shall have full authority in the interpretation and enforcement of all rules and regulations affecting the Marina. The Harbormaster’s decision shall be final, subject only to appeal to the Public Facilities Director, City Manager and the City Council, as set forth in section 17-47 below.

(b) Every vessel entering the Monterey Marina shall immediately become subject to the authority and direction of the Harbormaster. The Harbormaster shall direct where each vessel shall be berthed or moored within the Monterey Marina.

(c) The Harbormaster shall have the right to refuse entry into Monterey Marina of any vessel which, in his opinion, is derelict, unseaworthy, of inappropriate size.

(d) The Harbormaster shall have authority to temporarily or permanently relocate any vessel from where it may be stored, anchored, berthed or moored when such relocation is required to insure public safety or when it is in the best interests of Monterey Marina operations due to boat damage, dock repair, for non-payment of fees, or to maximize vessel length or beam ratio, or for the best allocation of the Marina’s space. The Harbormaster may charge the vessel owner for such services if the vessel owner fails to move the vessel himself in a timely manner. The City shall not be liable for any damage or claim made as a result of such relocation. The Harbormaster shall provide 30 days advance written notice to the licensee of a new berth assignment, except in cases where there exists an immediate public safety concern.

(e) The Harbormaster is authorized to execute on behalf of the City all licenses, license agreements, or rental agreements for berthing space within the Monterey Marina, provided that all agreements so executed shall be on the terms and conditions contained in this Article.

(f) The Harbormaster may delegate his authority to other members of the Marina staff as may be appropriate.

(g) The Sheriff of Monterey County, the Monterey Police Department, or any acting peace officer shall have full authority to enforce all laws, ordinances and regulations affecting the use of the Monterey Marina facilities including the power of arrest for violation of the provisions of said laws, ordinances, and regulations; all orders and instructions given by them in the performance of their duties shall have the same force as if issued by the Harbormaster.

(h) It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy placed or erected by authorization of the Harbormaster.

Sec. 17-27. Access to Berthing Facilities.

(a) In order to protect the boats and other property of Monterey Marina licensees, access to the berthing facilities shall be controlled by the use of gates equipped with locks or other means as the City deems appropriate. Visitors and other persons having lawful business within the berthing area may be allowed access at any reasonable time with permission of the Harbormaster.

(b) Gates to the berthing area shall be locked at all times. Blocking open or climbing over or around the gates is prohibited. The Harbormaster may issue keys to licensees and to visitors and shall charge a reasonable deposit to insure the return of such keys.

(c) Children under the age of thirteen (13) years old must be accompanied by a parent or other responsible adult at all times when on the Marina docks and/or vessels.

Sec. 17-28. Berthing.

(a) Berth Assignment. No person shall berth a vessel in the Monterey Marina without first having secured a license agreement or temporary transient assignment from the Harbormaster. Unauthorized berth occupancy is prohibited. The Harbormaster is authorized to move, secure and/or impound any vessel occupying an unauthorized berth. All fees involved in such action will be charged to the vessel’s owner.

(b) Berth Issuance.

1. Waiting List. A chronological waiting list for berth assignment will be maintained and available for public inspection. A non-refundable fee, established by resolution of the City Council, will accompany the request to be placed on the waiting list. An annual fee will be required to remain on the list. Each person on the waiting list will be billed annually according to their initial application date on the waiting list. Members of the waiting list shall have the right to transfer their name from one slip size to another, and will be placed on the new list in accordance with their original sign-up date. Waiting list applications are not transferable and only the name(s) listed on the waiting list application and their spouses shall be considered eligible to be a berth licensee. Ord 3294; 6/01

When a berth becomes available in the Monterey Marina it will be offered first to that person highest on the waiting list for that size berth, and if refused, in sequence to the person next on the list. The person highest on the waiting list will be offered any available berth providing the vessel size will not be more or less than allowed for the size of the berth. Acceptance of a berth must be indicated within ten days of notification by payment of rent and execution of a berth licensing agreement.

If, when offered a berth, the next person on the waiting list owns or wishes to own the vessel in partnership with others, the conditions found in section 17-28 (c) 2. below will apply. Ord 3294; 6/01

2. Before a license agreement can be completed, each vessel owner shall furnish a Certificate of Documentation from the United States Coast Guard or vessel registration from the Department of Motor Vehicles in the licensee’s name. No vessel other than the one specified on the license agreement shall be kept in the assigned berth by the licensee, unless the license agreement is amended as approved by the Harbormaster. If a vessel is chartered or leased by a berth licensee, the vessel license shall be exclusive to the berth licensee and a copy of the license agreement shall be provided to the Harbormaster.

(c) Individual Berth Licensees. A license for berthing in the Monterey Marina may only be issued in the name of an individual or a group of up to four individuals. For berth license agreements entered into after July 1, 1997, if a vessel is owned by a corporation, the major individual shareholder shall be a named licensee under the berth license. If a vessel is owned by a partnership or joint venture, the members may designate up to four of such individual members to be named as berth licensees, provided they are all either listed on the waiting list application or are all listed as co-owners of the vessel at the time of berth license transfer, and as provided in 2. c) below.

1. Disposition of Berth; Sale of Vessel For the purchase of any interest in an existing vessel occupying the berth with a berth license agreement:

a) If the original berth licensee no longer wishes to utilize the berth for a vessel of his own pursuant to section 17-28(c) (7) herein, the berth shall revert to the City for reassignment.

b) The new vessel owner may apply to the Harbormaster for a berth which will fit the vessel and conform to the City Code section which regulates vessel sizes for a berth. If the new vessel owner does not wish to obtain a berth in the marina, the Harbormaster shall assign the berth to the next person on the waiting list.

c) If the new vessel owner does wish to berth the vessel in the marina, a suitable berth will be provided and the new vessel owner will be charged the berth assignment rate, as set by City Council resolution, until such time as the new vessel owner may be offered a berth from the Marina waiting list. For the City to provide a berth, the purchased vessel must be seaworthy and operable to the standard defined in City Code section 17-34.

d) For a berth to be provided to a new vessel owner, the vessel purchased must remain in the berth provided by the Harbormaster for at least thirty (30) months to continue the berth license agreement. Additionally, for every two (2) months which that individual has been on the Monterey berth waiting list, one (1) month may be deducted from the required wait for vessel replacement, as calculated at the time of berth license transfer. Exceptions will be made to this provision if the vessel departs on an extended voyage, including commercial fishing operations, provided it is still owned and operated by the berth licensee upon its return to Monterey Marina, or if the vessel is damaged to the extent it is no longer feasible to remain in the Marina. (Ord 3294; 6/2001; Ord 3325; 6/2003)

e) If a vessel occupying a berth under the terms of a berth license agreement is purchased by a person who intends to use the berth for commercial fishing operations, such purchase shall be exempt from subsection (c) above; provided that, for each year after the vessel purchase, the commercial fishing quota, as set by City Council resolution, can be attributed to the vessel using the berth, or if it is a “light boat”, by the larger vessel it supports. If the commercial fishing quota is not verified as requested by the Harbormaster, provision (c) will go into effect.

2. Vessel Partnerships For vessel partnerships involving the transfer of any interest in the vessel to another person or legal entity and entered into after July 1, 1997, with a licensee who obtained his berth prior to that date:

a) A written partnership agreement shall be provided with a new DMV registration or Coast Guard document showing all owners’ names.

b) The berth assignment rate will apply.

c) New vessel partners will not be added to the berth license agreement. The City’s legal relationship remains solely with the original berth licensee or waiting list applicants; and

d) For vessel partnerships for a vessel which has not previously occupied a Marina berth, the original licensee partner(s) under section 17-28(c) shall demonstrate at least a 51% financial interest in the vessel, contribute a commensurate share to the continuing expenses of the vessel, and personally use the vessel for travel out of the Harbor a minimum of ten times over three months of any continuous twelve-month period. The licensee’s financial interest may not be gifted from the non-licensee boat partners. The Harbormaster shall have the right to review the financial records of the vessel and request confirmation of personal use in order to confirm satisfactory compliance with the requirements herein. Failure to comply with this section shall result in the forfeiture of the berth to the City. The Harbormaster shall have the right to assign the vessel to a different berth if, in his opinion, it is in the overall best interest of space management of the Marina.

3. Confirmation of Ownership If it appears that an ownership interest in a vessel has changed and/or said vessel’s berth license has been reassigned without the approval of the Harbormaster, Harbormaster may require substantiation of a licensee’s maintenance of the requisite ownership interest in a vessel. Said proof may be in the form of records reflecting payment of expenses, insurance, interest payments on loans secured by the vessel, and personal property taxes paid on the vessel. All personal financial information submitted to the Harbormaster will be used only for the purpose of enforcing this section and shall otherwise be kept confidential. Failure of the licensee to demonstrate maintenance of the requisite ownership interest in the vessel may result in revocation of the berth license.

In the event Harbormaster determines that the documentation submitted pursuant to the foregoing paragraph does not conclusively establish whether a change in vessel ownership has occurred, in lieu of immediate revocation of the berth license, Harbormaster may require licensee to establish the licensee’s own personal continued use of the vessel, personal use of the vessel for travel outside the Harbor a minimum of ten times over three months out of any twelve-month period. In the event Harbormaster determines that a licensee has failed to personally use the vessel on a regular basis as set forth in this paragraph, the berth license shall be subject to revocation. Ord 3294; 6/01

4. Berth Location Upon License Assignment. When the Harbormaster approves a new berth license for the owner(s) of a purchased vessel, the berth that is provided to the new vessel owner shall suit the vessel, but may not necessarily be the same berth as held by the former berth licensee.

5. Assignment of Vessel to Family Member. If a vessel occupying a berth under a berth license agreement is given, bequeathed, or otherwise assigned without consideration of any kind, to an immediate family member of the berth license holder, such assignment shall not be subject to the provision of section 17-28 1. (a) - (d) herein, but only provided the license agreement applies to the gifted, or bequeathed, vessel. “Immediate family member” shall be defined as a spouse, former spouse, grandparent, grandchild, parent, child, adopted child, brother, or sister, all of these including in-law and step relationships. Berths used for commercial fishing operations shall be exempted from the prohibition or replacing the gifted or bequeathed vessel, provided the new vessel is also used primarily for commercial fishing. Ord 3294; 6/01

6. Personal Economic Gain Disallowed. The fact that a berth may be provided to a new vessel owner shall result in no economic gain to the original licensee. Likewise, the purchaser of any interest in a vessel shall not pay any amount nor be liable for any cost or consideration of any kind to the original owner for the assignment of the berth into his name. Additionally, both the original licensee and purchaser shall sign a statement, under penalty of perjury, stating the total sales price of the vessel and that no value has been exchanged between them for the fact of berth assignment. Violation of this section is a misdemeanor and may result in revocation of the berth license agreement.

7. Retention of Berth; Trades. The licensee of a berth may, upon prior written approval of the Harbormaster, retain berth license rights and be subject to the regular monthly berthing rate for use by another vessel owned by licensee, provided the vessel size conforms with the size of the berth and adequate proof of sole ownership is submitted to the Harbormaster. Two berth licensees may also trade berths of the same or differing sizes without invoking the rate increase described in (c) 1. c) above, unless one or both of them are already paying the berth assignment rate, in which case that rate will apply to the newly obtained berth.

8. Only One Berth License Per Person or Married Couple Effective July 1, 1997, a berth licensee may possess only one berth license agreement, except:

a) Additional berth license agreements held by persons prior to July 1, 1997.

b) Commercial fishermen who acquire multiple berth license agreements to be used exclusively for commercial fishing operations.

c) Concessionaires of the City who may acquire multiple berth licenses within the terms of their lease with the City.

d) The operators of sailing schools who can verify instruction of at least 60 different individuals per year, operate with a City business license, and meet all applicable Coast Guard regulations with a maximum of two berths, unless expressly allowed to possess more by the City Council.

A berth licensee may acquire a second vessel in a second berth without invoking the rate increase described in (c) 1. c) above, provided the original berth is released to the waiting list within twelve (12) months of acquiring the second vessel. The original berth may not be transferred to another individual or entity with the sale of the original vessel, but must be returned to the City for reassignment to the waiting list. Exceptions to this requirement can be made on a case-by-case basis by the Harbormaster. Ord 3294; 6/01

(d) Minimum and maximum vessel sizes. Vessels which are granted slip licenses must be no shorter than six feet of the slip size. For boats larger than the berth, the maximum overage for each slip size is as follows:


Slip Size	(Alternate Maximum Boat Size)
20'	23'
25'	28'
30'	34'
35'	39'
40'	45'
45'	50'
50'	60'

Likewise, the beam of a vessel must fit within the licensee’s assigned berth.

For the purpose of this section, the vessel measurement shall include all functional structures such as, but not limited to, bow sprits, self-steering vanes, davits, swimsteps, rudders, outboard motors, and dinghies. Oversized vessels shall be tied in the slip so that no more than one foot of any structure projects over the walkway.

The storage of net skiffs behind working commercial fishing vessels may be exempted from this section provided, in the judgement of the Harbormaster, such storage is for the best overall use of space in the Marina.

A new licensee must occupy his slip with an appropriately- sized vessel within six months of approval of the slip license. For vessel replacement, a continuing licensee’s new vessel must fit the above listed size limitations, including the beam of his assigned slip. A licensee may, with prior written approval of the Harbormaster, temporarily berth a new differing-sized vessel in the existing slip for a maximum of six months, at which time the vessel shall be removed by the licensee and the license shall expire, unless a suitably-sized vessel is purchased and berthed by licensee. The Harbormaster, at his discretion, may refuse to grant any interim berthing in the slip if the new boat is so oversized as to obstruct the walkway or significantly reduce the navigable waterway.

The above-cited regulations notwithstanding, certain dock areas are recognized to be situated in such a manner as to allow for even larger boats than listed. For these special areas, as determined by the Harbormaster, prior written application must be made to the Harbor Office and approval granted before placing a boat in the slip which exceeds the maximum length or beam of this regulation.

(e) Documentation and Registration.

1. Every vessel entering the Monterey Marina must be California-registered, federally-documented, or registered in accordance with the laws of its’ state of U.S. residency or foreign government. The vessel owner/operator shall furnish to the Harbormaster any and all vessel information required.

2. Written evidence of documentation or registration shall be made available to the Harbormaster by all licensees yearly upon request. Registration or documentation must remain current to continue berthing privileges.

(f) Use of slip by multiple vessels. Use of the licensee’s slip by any person other than the licensee for a skiff, dinghy, canoe, day sailor or a vessel of any other type shall only be permitted if approved by both the slip licensee and the Harbormaster and shall be subject to standard berthing rates for a vessel of that size and type. Public agencies and/or accredited schools shall be exempted from this section. If the berth licensee wishes to place and additional vessel of any type into the berth without paying additional fees, the vessel must be solely owned by the licensee and the vessels must be able to fit into the allocated berthing space. Ord 3294; 6/01

(g) Current addresses, etc. The licensee shall at all times keep the Harbormaster informed of any change in current mailing address, telephone number, or change in title, ownership or exchange of the vessel occupying a berth in the Monterey Marina.

(h) Maintenance and care of berths. Boat owners are responsible for the safe and secure berthing of their vessels and are liable for damage to their own vessel, to the Marina facilities and to other vessels, caused by their negligent or willful actions. Boat owners will be billed for labor and materials required to secure vessels which are improperly or inadequately secured, or to repair Marina facilities which are damaged due to their negligence or willful misconduct.

(i) Subletting. Subletting by licensees is not permitted. The City retains the right to sublicense berths that are temporarily vacated under section (j) below. A licensee shall notify the Harbormaster of his/her intent to temporarily vacate the berth.

(j) Utilization. Berths must be utilized by the licensee for at least six months out of every twelve-month period, with the exception of a leave of absence granted by the Harbormaster. A leave of absence may be granted when:

1. There is a defined time period for the leave; and,

2. The owner’s vessel will be located continuously outside of the Monterey Harbor; or, if the owner is in a prolonged period of finding, constructing, securing, or delivering a new boat to Monterey Marina. For new boat purchase or construction, the Harbormaster may require evidence of this transaction.

Vessels berthed under a license agreement which are absent from Monterey Harbor will be eligible for a credit to their account for each day a transient vessel uses the berth. The amount of credit applied to specific berth sizes shall be set by resolution by the City Council. In no event will transient credits applied to a berth licensee’s account total more than the monthly berthing fee charged by the City. Any credit shall be shown on the following monthly or annual statement, dependent upon the berth licensee’s payment schedule.

(j)-1 Berth Leave Option. For berths released to the City for reassignment to the waiting list, the licensee releasing the berth may obtain an option for a similar berth, granted ahead of the regular waiting list. The option may be exercised through a written request to the Harbormaster at any point in time after the release of the berth. The next available berth will then be assigned. To obtain a berth leave option, a fee of one-half month’s berthing for the size of the berth released, per year, shall be paid. Ord 3294; 6/01

(k) Slip Trades. It shall be permissible for two berth licensees to trade slips, provided their respective vessels fit into the new berths in conformance with subsection (d) above. The Harbormaster shall have no responsibility to arrange for slip trades; however, he may require licensees to trade berths when it is for the best overall management of the space available, or for other operational needs of the harbor, pursuant to Section 17-26(d) above. If berth licensee wished to trade a berth obtained through the waiting list, he/she must have a waiting list date that is senior enough to qualify for the new slip, if of a differing size, as if it was offered through the waiting list. Ord 3294; 6/01

(l) It shall be unlawful to unnecessarily sound horns, bells, loudspeaker systems, or other signals, or to create disturbances of a nature which will disturb other users of the Monterey Marina area.

(m) Stray electrical current. No boat shall transmit stray current. Compliance with this requirement will be satisfied when the electrical resistance is more than 100,000 ohms as measured between the water adjacent to the boat and all of the three alternating current conductors at the dock end of the shore power cord. This cord, at the time of measurement, is to be connected to the boat’s alternating current terminals. The boat’s alternating current circuit shall be switched to the “on” position and connected as for normal dockside operation.

If a vessel is found to be producing stray current, notice shall be given to the owner and a reasonable amount of time provided to correct the problem. The preceding sentence not withstanding, the Harbormaster shall have the authority to disconnect the vessel from shore power immediately if the level of stray current being produced poses a real and immediate threat to personal safety or the rapid corrosion of the vessel and/or its neighboring vessels/structures. If the vessel is unplugged upon discovery of the stray current, every effort will be made to promptly notify the vessel’s owner as to the action taken. The Harbormaster, however, shall assume no liability whatsoever for any losses or damage suffered from the denial of shore power to a vessel producing stray current.

If the problem is not corrected in a reasonable amount of time, the Harbormaster will have the right to disconnect the vessel from shore power until corrective action is taken. If the vessel is reconnected by the licensee without being fixed, for any other purpose than stray-current testing, the Harbormaster may deny use of shore power. Continued re-connection to shore power, if the vessel’s ground fault has not been corrected, may result in the cancellation of the berth license agreement.

Shore power cords shall be of the three-wire type including a functioning ground wire with insulation types SO, ST or STO and with a wire thickness in accordance with the National Electric Code Standards. Cords that are found to be a significant hazard to personal safety will be unplugged immediately.

(n) Fuel. It shall be illegal to carry, store or transfer either gasoline or diesel onto the Marina docks, except for less than three (3) gallons of pre-mixed outboard motor fuel required of small two-stroke outboard engines or sealed outboard motor portable tanks. All other fueling shall be done at the fuel pier.

(o) Fresh water usage. For boat and equipment washing, all hoses shall be fitted with operable automatic shut-off nozzles. In no event shall fresh water be allowed to run in an unattended or wasteful manner.

Sec. 17-29. Transient Berthing.

(a) All visitors wishing berthing space in the Monterey Marina shall check in with the Harbormaster prior to being assigned a space. Spaces shall be assigned on a first-come, first-served basis.

(b) Visiting vessels may stay for up to two consecutive weeks in any thirty (30) day period where space is available. Extensions may be approved by the Harbormaster.

(c) No transient vessel berthed in the Monterey Marina shall use their vessel for overnight lodging more than fourteen (14) consecutive nights; transient liveaboard vessels may then be subject to the rules found in Section 17-35 herein.

(d) The City shall not create differing rates for transient vessels based on the residency of the owners. Nevertheless, the City may determine the need to create transient berthing incentives for different types of vessels, or seasons of the year. These incentives will be determined by the City Council and set as rates by resolution, as amended from time to time.

Sec. 17-30. Fees and Charges.

(a) Rates. Berthing fees and all other fees and charges pertaining to the Monterey Marina facilities shall be established by the City Council, by resolution.

(b) When Payable. Charges for berth fees on a license basis are due and payable in advance and shall become delinquent twenty-five (25) days from the billing date. Berthing fees on a transient basis shall be immediately due and payable on assignment of a berth and shall become delinquent 24 hours after the berth is assigned by the Harbormaster. Should a transient vessel have to be billed, a billing surcharge will be added to the fee due. Charges for services other than rental shall become payable ten (10) days after the date of issuance of a bill by the Harbormaster and shall become delinquent thirty (30) days after such date

(c) Delinquencies. When berthing charges for a licensed berth become ninety (90) days delinquent, the license shall be subject to immediate cancellation and the berth returned to the City. City shall provide thirty (30) day’s notice of intent to cancel the license when berthing charges are sixty (60) days delinquent.

(d) Penalties. Past due accounts shall pay a late fee as established by resolution of the City Council.

(e) Impoundment/Lien Sale. No person shall remove or cause to be removed from the Monterey Marina any vessel upon which fees and charges are in arrears until charges are paid in full or the vessel is released by the Harbormaster. The Harbormaster may take any reasonable action necessary to prevent the removal of such a vessel including, but not limited to, locking the ignition or securing the vessel to its berth by means of chains, locks or other devices. While in the impound of the City the vessel owner may not board or use the vessel in any way, except as specially authorized by the Harbormaster.

1. The City shall have the right to remove or impound the vessel of any person violating the Monterey City Code and other City rules and regulations or failing to pay required fees, at the sole cost and expense of the owner.

2. When charges for berth license, services or any other charges become delinquent, the City shall be empowered to sell the vessel at public auction. For California registered vessels, the California Boaters Lien Law shall apply. For federally documented vessels, Federal Maritime Law shall apply in situations wherein the title of the vessel is to be transferred to a third party; otherwise the City may utilize the same notification procedure as for the California Boaters Lien Law to sell the vessel at public auction and satisfy the storage lien.

Sec 17-31. Disposing of Refuse or Other Matter.

(a) No person shall throw, discharge, deposit or leave any material, liquid or solid, be it refuse, garbage, debris, bait, sewage, bilge water, inflammable liquids or any other matter of any description upon or into the waters of Monterey Marina itself, unless as authorized and approved by law.

(b) In the event of any waste discharge referenced above or in the event of an oil spill or other petroleum products entering the waters of the Monterey Marina, the Harbormaster shall be immediately notified. The Harbormaster is authorized to contract for the cleanup of such spills or discharges, the cost of which shall be the responsibility of the vessel owner and the responsible party.

(d) Disposal of used lubrication oils shall be made only in designated areas. There are several such locations in the Marina area. Toxic waste of this or any type is not to be discharged overboard, placed in trash containers, or left on the docks or wharves.

(e) All garbage must be deposited in receptacles furnished by the City for that purpose, or removed from the Marina area. Receptacles/trash bins provided by the City shall be used only for refuse generated at the Marina. No garbage, trash, tree trimmings, grass clippings, discarded furniture, appliances, junk, etc. from outside the Marina area shall be placed in trash receptacles, including the parking lot and wharf dumpsters.

Sec. 17-32. Fishing Prohibited.

No person shall fish or attempt to take any fish or other marine life by rod and reel, net trap or any method whatever within the Monterey Marina, except for scientific purposes as approved in advance by the Harbormaster.

Sec. 17-33. Hazardous Conditions.

(a) No owner, operator or person in command of any vessel shall operate or allow such vessel to be operated within the Monterey Marina at a speed in excess of three miles per hour, or in any reckless or negligent manner. Vessel operators and owners acknowledge that they are responsible for any damage or injury produced by their creation of an excessive wake within the Monterey Marina. All vessel operators must comply with California boating law, and must operate their vessels in the best prudent judgement of sailors.

(b) No person shall tie up, moor, or operate a vessel in the Monterey Marina area in such a manner as will prevent or obstruct the passage of other vessels or voluntarily or carelessly sink any vessel in any channel, or float loose timbers, logs or piles in any channel in such a manner as to obstruct, impede, or create a menace to navigation.

(c) No person shall swim, dive, water ski, or skin dive within the Monterey Marina. The Harbormaster may grant permission to any person to dive or skin dive for the purpose of scientific research, inspection, maintenance or making of emergency repairs on any vessel.

(d) Use of motorcycles, bicycles, skateboards, roller skates, roller blades, or similar devices on any docking facility within the Monterey Marina is prohibited. Bicycles may be walked or carried to a berthing area and temporarily stored on or near a vessel, provided it is not an obstruction or safety hazard to others using the area.

Sec. 17-34. Inoperable Vessels.

(a) Vessels berthed in regular slips in the Monterey Marina must be operable and maintained in a seaworthy condition and be of a design suitable for operation on the open waters of Monterey Bay in the typical range of sea conditions. Dinghies side-tied by special permit shall not be required to be seaworthy or operable, as defined below, if they are used to access moored vessels within the breakwater.

“Operable” means capable of safely maneuvering under the vessel’s own power from the berth to the 40 fathom line of the open waters of the Monterey Bay and back into its berth. If the Harbormaster has cause to question the operability of a vessel, he may request a demonstration of the vessel’s operability. Thirty (30) days written notice shall be given to the vessel’s owner for such a request. In cases where a vessel is found to be inoperable, the owner shall have ninety (90) days to effect repairs. If after ninety (90) days the boat is still inoperable, the berth will be forfeited to the City of Monterey. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his request to test operability as needed.

“Seaworthy” shall mean that the vessel’s hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot. If a dispute over the seaworthiness of a vessel arises, the opinion of a qualified independent marine surveyor may be obtained of the City’s choosing but at the owner’s expense. When the determination is made that a vessel is unseaworthy, 120 days shall be granted to repair the vessel. If after this period of time the vessel is not seaworthy, the slip of said vessel shall be forfeited to the City of Monterey. In cases where determination of operability, design and/or seaworthiness is in dispute, the Harbormaster’s decision will be final.

(b) All stray vessels, skiffs, rowboats, sunken or dilapidated vessels, or other structures, timbers, or floats found within the Monterey Marina area, not in the lawful possession or control of some person, shall be immediately delivered to the possession of the Harbormaster. The possession and custody of such properties shall remain in possession of the Harbormaster until claimed by the property owners or until such property is disposed of according to law. If the owner claims such property prior to disposition thereof, he shall pay all reasonable expenses incurred in connection therewith, including charges for raising, keeping and storing the same.

(c) Any vessel of any nature moored, secured or in any manner placed within the confines of the Monterey Marina area, whether ashore or in the water for an excess of 72 hours without first obtaining a license, permit or required permission therefore, shall be considered to have been abandoned.

(d) Any vessel of any nature abandoned, as defined by Section 17-34(c), within the confines of the Monterey Marina area, whether registered with the California Department of Motor Vehicles, documented, or not marked or registered in any apparent manner, shall be placed in storage or protective custody by the Harbormaster at a daily storage rate to be set by resolution by the Monterey City Council and shall thereafter be subject to sale under the provisions of either Sections 500 through 505 or Section 522 of the Harbors and Navigation Code of the State of California as is appropriate for the circumstances.

(e) Dockside shore power is available to boaters with regular license agreements. A specific power outlet shall be assigned to each berth and this outlet may be sub-metered. It shall be illegal to use shore power from any other berth’s outlet without prior approval of the berth’s licensee.

(f) Only battery chargers rated for marine use may be used within the marina, unless the battery is completely isolated from connecting to any ground or electrical system. Ord. 3294; 6/01

Sec. 17-35. Living Aboard.

A maximum of fifteen strictly-controlled “liveaboard” vessels will be permitted to occupy berths in Monterey Marina. Applications for residence must be submitted to the Harbormaster. Those accepted for resident status shall be issued a permit, and must conform to the following conditions:

(a) A person shall be considered a “liveaboard” if he or she stays aboard (sleeps) more than two days out of any seven, or if that person declares the vessel to be his/her place of primary residency, or if that person directs mail to be delivered to the vessel via the Monterey Harbor office on a regular basis.

(b) Application to live aboard shall be made in advance of any use of the vessel as a dwelling. Failure to register as a “liveaboard” in advance of such application shall be grounds for denial.

(c) Only applicants with a license agreement signed by the Harbormaster or his representative will be considered for “liveaboard” status. In no case may a person occupy as a “liveaboard” a boat registered to another. Other individuals may reside aboard a vessel, with a valid liveaboard permit, but only as long as the berth licensee also resides aboard.

(d) A “liveaboard” fee shall be set by resolution of the City Council to cover all or a portion of the program.

(e) The permit may be canceled by the Harbormaster at any time, with or without cause, upon thirty days notice to the applicant or immediately if just cause shall exist. It is revocable and grants no right, title or interest to the applicant, nor does it entitle the applicant to any rights superior to the public or any other berth licensee. A violation of this section may result in a citation being issued and/or cancellation of the berth license agreement.

(f) Permittee’s vessel shall be equipped with an operable Marine VHF radio and he/she shall maintain such radio in good working order during the term of his/her residence. An operable cellular phone may substitute for a marine radio. Either the radio or the telephone should be on when the vessel is occupied. Ord 3294; 6/01

(g) No human waste whatsoever, nor any substance or material deleterious to fish, plant, or bird life may be discharged from the boat except in a lawful and approved manner. Each vessel will be equipped with a permanently-installed Coast Guard-approved head and a waste holding tank with a capacity of no less than ten gallons, and the City shall have the right upon reasonable notice, to inspect the interior of any such vessel to verify compliance with this condition. Portable toilets are not considered installed devices and are unacceptable for the purpose of this ordinance. Waste may only be disposed of in Monterey Harbor via the City-owned pump facility which deposits waste into the Wharf #2 sewer main. The City shall have the right to require that “liveaboard” vessels demonstrate the regular use of the harbor sewage pump.

(i) Only applicants with a vessel having standing headroom or at least 26 feet in length, will be considered for a “liveaboard” permit. The vessel must be self-powered to be considered for occupancy for residence. No barges or houseboats will be allowed to be occupied. Any vessel used exclusively as a residence shall be considered to be a houseboat, regardless of its design. “Liveaboard” vessels must be designed for usage, and actually used on the open waters of the Monterey Bay in its typical range of sea conditions. Generally, living aboard shall be considered incidental to regular use of the open waters. The liveaboard must be able to personally demonstrate the ability to operate the vessel before a liveaboard permit will be issued. For current liveaboards, up to ninety (90) days shall be provided after the adoption of this section to demonstrate his/her ability to operate the vessel.

The Harbormaster shall have the authority to inspect vessels for compliance with this requirement and/or require a reasonable test of operability on the open waters of Monterey Bay. The total number of occupants of the “liveaboard” vessel must not exceed the number of beds provided by the original manufacturer, and in no event, more than five persons.

(i) The “liveaboard” is responsible for the actions and conduct of his/her guests. Any violation of these rules and regulations by a guest shall be considered a violation by the “liveaboard”.

(j) Boat owners without “liveaboard” status are authorized to reside aboard their vessels for a period not-to-exceed forty-eight (48) hours in a seven day period, or up to 72 continuous hours if the weekend is part of a Federally-recognized legal holiday, they may stay aboard for up to fourteen (14) continuous days out of any three month period upon prior notification of the Harbormaster. No other persons will be allowed to stay overnight on a vessel without the owner(s) being present, except by special permit from the Harbormaster. Such a permit, to be issued in advance of the stay, shall be valid for no more than thirty (30) days, and shall be provided only for good cause.

(k) If any legal action is required to remove or evict a “liveaboard” the “liveaboard” shall be liable for reasonable attorney fees, costs and expenses incurred by the City.

(l) Liveaboard privileges are not transferable upon the sale of a vessel. The new owner must reapply for such status and may not live aboard until such approval is granted.

(m) No more than two (2) monthly waterfront or Wharf II parking permits for vehicles of any type will be issued for liveaboard vessels, except as authorized by the harbormaster for short-term, special problems. Liveaboards may apply to the City’s Parking Division to park additional vehicles in other City lots or structures. Ord 3294; 6/01

Sec. 17-36. Loading of Passengers for Hire.

Except for vessels operating under the terms of a yellow boat concession permit issued by the City, in a location designated by City Council resolution, no person shall load or allow the loading of passengers for hire on any vessel, commercial or otherwise, within the Monterey Marina. At such time as any vessel is found to be engaged in such activities its berthing space shall be automatically canceled, or the license agreement revoked. (Ord. 3248 § 1, 1999)

Sec. 17-37. Modification of Berths.

No steps or boxes, other than dock boxes, shall be placed or fastened to the dock without the Harbormaster’s consent. Carpeting or any attachments that retain moisture or prevent ventilation are expressly forbidden. No modifications to the berth will be allowed except those done by the Marina maintenance staff, or performed by vessel owners with prior approval of the Harbormaster. Vessel owners will be billed for any labor and materials necessary to correct violations of this section.

Sec. 17-38. Non-Liability of City.

The owner of a vessel must assume all liability for loss or damage to property of every kind while within the confines of the Monterey Marina. Removal of any unauthorized vessel by the Harbormaster due to the vessel being in an unsafe or dangerous condition shall be without liability to the City of Monterey. The owner of such a vessel shall be liable for the costs of removal or securing of the vessel. The City assumes no risk on account of fire, theft, storm, wind, acts of God, or damage of any nature from any cause whatever, to boats or other property.

Sec. 17-39. Performing Labor, Services.

No person shall perform any work on, or provide any service to, any licensee or vessel within the Monterey Marina for which such person receives a fee, compensation or any other thing of value, unless such person has first obtained a business license issued by the City of Monterey, has received permission to enter the berthing facility by the Harbormaster, and agrees to perform such service or work in conformity with the regulations imposed by the Harbormaster.

Sec. 17-40. Pets.

Dogs, cats and other pets shall be on leashes at all times. Pet owners shall be responsible for all actions of their pets. The presence of pets within the Marina is a privilege, not a right. As such, it is revocable by the Harbormaster if specific pet owners continue to allow their pets to roam, threaten the public, defecate or disturb the peace within the Marina. The users of the Marina are also subject to other Monterey City Codes which govern pet activities.

Sec. 17-41. Solicitation Restrictions.

No person shall advertise or solicit within the Monterey Marina. The Harbormaster may permit one vessel “For Sale” sign, not to exceed one square foot in area, on any vessel.

Sec. 17-42. Storage.

(a) No person shall store, or cause to be stored, any supplies, materials, accessories, motors, debris, refuse or garbage on any approach ramp, headwalk or finger float in the Monterey Marina, except in containers approved or provided by the Harbormaster, or as is consistent with these ordinances.

(b) No person shall leave or store on any walkway, finger float or gangway any dinghy, skiff, row boat, dory, canoe or other craft. When not kept on board the owner’s vessel, the owner’s dinghies, etc. may be kept in the water at the end of the berth in such a manner that no part extends beyond the limit of the berth. If a dinghy or tender is tied in such a manner inconsistent with maximum lengths as set forth in Section 17-28 (d), the licensee will be charged for that space. In no event shall such a vessel impinge on the navigability of the fairway or channel and all such craft shall be no longer than twelve feet. Designated space is provided in the Marina especially for use by row boats, skiffs, dinghies etc.; a fee for such space as established by resolution of the Monterey City Council shall be charged.

Sec. 17-43. Accident Reports Required.

In addition to any reporting requirements of state or federal governments, any person involved in any activity which causes damage to any other person, boat, property, or the Marina facilities shall make a report of such incident within 12 hours to the Harbormaster. All information shall be provided that is deemed necessary by the Harbormaster.

Sec. 17-44. Vessel Maintenance.

(a) Vessel maintenance work within the Marina shall be limited to that ordinarily required to keep the vessel seaworthy and in good condition. Minor repairs to and routine maintenance of a vessel may be made or accomplished in the assigned berthing space, provided all work is done within the confines of the vessel and not carried on in any manner whatsoever upon the floats or tiers, into the water, or onto neighboring vessels. Ord 3294; 6/01

(b) Spray painting is strictly prohibited, except for airbrush painting required for boat numbering or names.

(c) Major repairs which include, but are not limited to, construction, repair, or replacement of structural members or portions of the vessel are prohibited, except by advance request and permit from the Harbormaster. The criteria used for granting such a permit shall be largely based on the ability of all materials used by or produced from the project to be completely contained in or on the vessel, and that a nuisance to neighboring vessels does not occur.

(d) Use of welding equipment, burning torch or other open flame apparatus requires prior written permission from the Harbormaster.

(e) In no event shall maintenance work performed to a vessel result in damage to Marina facilities, including paint marks, drill holes, burn marks, and spilled fuel, oil, paint, or solvents. The slip licensee shall be financially liable for the repair or restoration of any such damage, even if it is caused by relatives, employees, or contract workers, of the owner.

Sec. 17-45. Vessel Security and Hazards.

(a) No part of any vessel shall extend more than one foot beyond the main walkway including but not limited to vessels with davits, booms, boomkin or bowsprit.

(b) Walkways and fingers may not be obstructed in any manner. Any steps used for access to a vessel must not intrude into more than one-half the width of the finger to which the vessel is berthed.

(c) No person shall willfully injure or tamper with, break or remove any part of any vessel in the Marina without the consent of the owner. No person shall tamper with the lines securing any such vessel or climb into or upon any vessel without the consent of the owner.

Sec. 17-46. Failure to Comply.

All licensees shall be given a copy of this Article. Compliance with the rules and regulations of the Marina is the responsibility of vessel owners, their guests and visitors to the Monterey Marina. Violation of any provisions of this Article shall constitute a misdemeanor and shall be punished as set forth in Monterey City Code Section 1-7. In addition, violators shall be subject to eviction and/or revocation of their license agreement.

Sec. 17-47. Appeal.

The Harbormaster shall have full authority in the interpretation and enforcement of all rules and regulations affecting the Marina. The Harbormaster’s decision shall be final, subject only to appeal to the Public Facilities Director, the City Manager, and the City Council, as set forth below.

a) Appeal to the Public Facilities Director. Appeal of a disputed decision of the Harbormaster must first be made to the Public Facilities Director. Such appeal must be presented in writing and be received by the Office of the Public Facilities Director within 10 days of the date of the Harbormaster’s decision. The Public Facilities Director shall respond to the appeal within 10 days of its receipt.

b) Appeal to the City Manager. Decisions of the Public Facilities Director may be appealed to the City Manager. Appeals must be presented in writing and received by the Office of the City Manager within 10 days of the date of the Public Facilities Director’s decision. The City Manager may, at his or her discretion, conduct an informal hearing regarding the dispute and shall make a determination regarding the appeal within 10 days of its receipt.

c) Appeal to the City Council. Decisions of the City Manager may be appealed to the City Council. Appeals must be presented in writing and received by the City Clerk within 10 days of the date of the City Manager’s decision, along with a fee for the filing of such appeal. The City Clerk shall set the matter for hearing before the City Council within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the appellant at least ten days prior to the date of the hearing. Said hearing date may be continued by the appellant or by the City Council if further information is required to facilitate a fair and adequate determination of the appeal.

ARTICLE 4
MOORING OF VESSELS IN THE HARBOR

Sec. 17-48. DEFINITIONS

For the purposes of this Article, the following words and terms shall have the meanings respectively ascribed to them by this section:

(a) GENERAL. Words and phrases not specifically defined shall be subject to definition and interpretation by the Harbormaster.

(b) BLOCK. A devise of any construction that is used to secure mooring gear, and a vessel, to the bottom of the harbor.

(c) CHAIN SCOPE. The length of chain, wire rope, or line, which is used between the block and the surface of the water, as calculated at mean low lower water (MLLW).

(d) DINGHY. A small boat propelled by oars, sails or motor which is capable of being carried aboard the vessel and which does not exceed twelve (12) feet in length, provided, however, upon prior written authorization from the Harbormaster or his designated representative, said dinghy may be longer than said twelve (12) feet.

(e) GRAY WATER. Shower or sink water that does not have any sewage waste or polluted bilge water within it.

(f) HARBOR. Synonymous with “Outer Harbor” as defined below.

(g) MOORING. The act of fixing a floating vessel to the bottom in one location, temporarily or permanently, by the use of cable, lines, chains, or other equipment which remains attached to the bottom, while the vessel may otherwise be underway. Also used as a noun, the place where a moored vessel is kept.

(h) MOORING GEAR. Devises used to secure the block to the vessel, usually consisting of chain, wire rope, line, a floating buoy, swivels, clamps, shackles, and chafe gear.

(i) MOORING PENDANT. The line, cable or chain that connects the mooring buoy with the vessel.

(j) OUTER HARBOR. The portion of Monterey Bay between the breakwater and Municipal Wharf No. 2, and within a straight line projected from a point 300 feet due east from the outermost point of the breakwater to the outermost point of Municipal Wharf No. 2, excluding Monterey Municipal Marina and areas leased to concessionaires of the City.

(k) SEWAGE. Human body waste, either treated or untreated.

(l) SUBLICENSE. The interim use of a licensee’s mooring, as approved by the Harbormaster.

(m) SWING. The maximum radius of a circle that a vessel may occupy from the mooring block to the stern of the vessel, calculated at MLLW plus two (2) feet.

(n) TRANSIENT VESSEL. As applied to mooring; migratory - remaining for a short and indefinite time - as between ports on a voyage - temporary and irregular. As applied to mooring permits, a vessel applying to stay in Monterey Harbor less than thirty-one (31) days by special permit issued by the Harbormaster.

Sec. 17-49. HARBORMASTER

(a). Authority.

The Harbormaster shall have full authority in the interpretation and enforcement of all rules and regulations affecting the Harbor. The Harbormaster’s decision shall be subject only to appeal to the Public Facilities Director, the City Manager, and the City Council, as set forth below.

1. Appeal to the Public Facilities Director. Appeal of a disputed decision of the Harbormaster must first be made to the Public Facilities Director. Such appeal must be presented in writing and be received by the Office of the Public Facilities Director within 10 days of the date of the Harbormaster’s decision. The Public Facilities Director shall review the written appeal, and discuss the appeal with the Harbormaster and the appellant and respond to the appeal within 10 days of the receipt of the written appeal.

2. Appeal to the City Manager. Decisions of the Public Facilities Director may be appealed to the City Manager. Appeals must be presented in writing and received by the Office of the City Manager within 10 days of the date of the Public Facilities Director’s decision. The City Manager may, at his or her discretion, conduct an informal hearing regarding the dispute and shall make a determination regarding the appeal within 10 days of its mailing.

3. Appeal to the City Council. Decisions of the City Manager may be appealed to the City Council. Appeals must be presented in writing and received by the City Clerk within 10 days of the date of the City Manager’s decision, along with a fee for the filing of such appeal. The City Clerk shall set the matter for hearing before the City Council within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the appellant at least ten days prior to the date of the hearing. Said hearing date may be continued by the appellant or by the City Council if further information is required to facilitate a fair and adequate determination of the appeal. The decision of the City Council shall be final.

(b). Direct Where to Moor

Every vessel entering the Harbor shall immediately become subject to the authority and direction of the Harbormaster. The Harbormaster may direct where each vessel may be moored within the Harbor area.

(c). Vessel Entry Refused

The Harbormaster shall have the right to refuse entry into the Harbor, or order the removal, of any vessel which, in his opinion, is derelict, unseaworthy, of inappropriate size, not in compliance with California Boating Law, or if it is detrimental to the safety of the vessel, its operator, or other members of the public and their property.

(d). Vessel Relocation

The Harbormaster shall have authority to relocate any vessel from where it may be stored, anchored, berthed or moored when such relocation is required to insure public safety or when it is in the best interests of harbor operations due to boat damage, dock repair, for non-payment of fees, or for the best allocation of the mooring area’s space. The Harbormaster shall have authorization to charge for such services if the vessel owner cannot move the vessel himself in a timely manner; however, if mooring gear legally placed is relocated at the request of the City, the City shall pay for the relocation.

(e). Execute License Agreement

The Harbormaster is authorized to execute on behalf of the City all license agreements, or temporary mooring permits for mooring space within the Harbor, provided that all agreements shall reflect the terms and conditions contained in this Article. No more than one (1) mooring permit shall be issued to any owner, master, operator or person in legal control and custody of one or more vessels; except as further allowed below.

(f). Delegation of Authority

In his absence, the Harbormaster may delegate his authority to other specified members of the marina staff.

(g). Other Law Enforcement Authority

The Monterey Police Department, or any duly appointed and acting peace officer shall have full authority in the enforcement of all laws, ordinances and regulations affecting the use of the Harbor Mooring area including the power of arrest for the violation of the provisions of said laws, ordinances, and regulations; and all orders and instructions given by them in the performance of their duties shall have the same force as if issued by the Harbormaster.

(h). Obedience to Signs

It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy placed or erected by authorization of the Harbormaster. If any such device is damaged by a vessel, either moored or while underway, the owner of the vessel shall be responsible for the cost of repairs or replacement.

Sec. 17-50. MOORING

Mooring Assignment. No person shall moor a vessel in the Monterey Harbor without first having secured a license agreement or sublicense permit from the Harbormaster. Unauthorized mooring occupancy is prohibited. The Harbormaster is authorized to move, secure, impound or cite under the authority of this section, any vessel occupying a mooring without first obtaining the required license agreement or sub-lease permit. All fees involved in such action will be charged to the vessel’s owner.

Section 17-50.1 MOORING ISSUANCE

The Harbormaster shall maintain a chronological waiting list of persons wishing to obtain harbor mooring licenses. A non-refundable fee, established by resolution of the City Council, will accompany the request to be placed on the waiting list. An annual fee will be required to remain on the list. Each person on the waiting list will be billed annually according to their initial application date on the waiting list. Members of the waiting list shall have the right to transfer their name from one mooring size to another, and will be placed on the new list in accordance with their original sign-up date. Waiting list applications are not transferable.

(a). Waiting List-Recreational Boaters.

A chronological waiting list for mooring assignment for recreational vessels will be maintained as a subset of this list.

(b). Waiting List-Commercial Boaters.

A separate subset of the waiting list will be maintained for individuals who are California-resident commercial fishers, and/or the owners of passenger-for-hire and/or tow vessels. This list will also be organized chronologically and by the size of mooring needed. Individuals on the commercial list shall always have priority in mooring issuance over individuals on the recreational list, provided that commercial fishers verify to the Harbormaster at least an amount of fish catch, in dollars, for each year of operation, as specified in the commercial vessel quota as set by resolution by the City Council. For passenger for hire and tow vessels, these operations must possess a City business license, general liability insurance in an amount specified by the City, naming the City as additionally insured, and maintain yearly gross sales in an amount as specified in the commercial vessel quota as set by resolution by the City Council. Should a commercial boater, who has obtained a mooring ahead of a recreational boater from the waiting list, fail to maintain the minimum gross income required, the mooring license will be surrendered to the City for reassignment.

When a mooring license becomes available in the Monterey Harbor, it will be offered first to that person highest on the waiting list for that size mooring, and if refused, in sequence to the person next on the list. The person highest on the waiting list will be offered any available mooring license providing the vessel size will not be more or less than allowed for the size of the mooring. Acceptance of a mooring license must be indicated within twenty days of notification by payment of fees and execution of a mooring licensing agreement.

(c). Proof of Ownership

Before a license agreement can be completed, each vessel owner shall furnish a Certificate of Documentation from the United States Coast Guard or vessel registration from the Department of Motor Vehicles in the licensee’s name, if documentation or registration is required by law. Except for City-authorized sublease use of a mooring, no vessel other than the one specified on the license agreement shall be kept on the assigned mooring by the licensee, unless the license agreement is amended as approved by the Harbormaster. If a vessel is rented, chartered, or leased by a mooring licensee, the vessel use shall be exclusive to the mooring licensee and a copy of the rental, lease charter or agreement shall be provided to the Harbormaster.

Section 17-50.2 INDIVIDUAL MOORING LICENSES

A license for mooring in the Monterey Harbor may only be issued in the name of an individual or a group of up to four individuals. For mooring license agreements entered into after June 1, 1998, if a vessel is owned by a corporation, the major individual shareholder shall be a named licensee under the mooring license. If a vessel is owned by a partnership or joint venture, the members shall designate up to four of such individual members to be named as mooring licensees, except as provided in (b)1. below.

(a). General For the purchase of any interest in an existing vessel utilizing the mooring with a mooring license agreement:

1. Disposition of Mooring. If the original mooring licensee no longer wishes to utilize the mooring for a vessel of his own pursuant to Section 17-50.2(g) herein, the mooring license shall revert to the City for reassignment. The original mooring licensee shall be responsible for the removal of any privately-owned mooring hardware within seven (7) days of the termination of the license agreement. If the mooring gear is not removed, the City shall authorize its removal and bill the former mooring licensee for the cost.

2. Sale of Vessel; Waiting List. If a moored vessel is purchased, the purchaser may apply to the Harbormaster for a mooring license which will fit the vessel and conform to the City Code section which regulates vessel sizes for a mooring. If the vessel purchaser does not wish to obtain a mooring license in the harbor, the Harbormaster shall assign the mooring license to the next person on the waiting list.

3. Sale of Vessel; Circumstances of Mooring Assignment. If the purchaser of a moored vessel does wish to moor the vessel in the harbor, a suitable mooring license will be provided and the vessel purchaser will be charged the mooring assignment rate, as set by City Council resolution, until such time as the new vessel owner is offered a mooring license from the waiting list. For the City to provide a mooring license, the purchased vessel must be seaworthy and operable to the standard defined in City Code section 17-50.11 below, and must have occupied the mooring for at least one year prior to the sale of the vessel.

4. Sale of Vessel; Required Use. For a mooring to be provided to a vessel purchaser, the vessel purchased must remain on the mooring provided by the Harbormaster for at least twelve months out of a two-year period following mooring assignment to continue the mooring license agreement. Exceptions will be made to this provision if the vessel departs on an extended voyage, provided it is still owned and operated by the mooring licensee upon its return to Monterey Harbor, or if the vessel is damaged to the extent it is no longer feasible to remain in the harbor.

5. Commercial Fishing; Definition; Exemptions. If a vessel occupying a mooring under the terms of a mooring license agreement is purchased by a person who will use the mooring for commercial fishing operations, such purchase shall be exempt from subsections 3. and 4. above; provided that, for each year after the vessel purchase, the commercial vessel quota, as set by City Council resolution, can be attributed to the vessel using the mooring. For commercial fishing vessels this amount shall be based on California Department of Fish and Game landing receipts or if it is a “light boat”, by the larger vessel it supports. For passenger-for-hire and tow vessels this amount is based on yearly gross sales as reported to the City of Monterey. if the commercial vessel quota is not verified as requested by the Harbormaster, provision 3) will go into effect.

(b). Vessel Partnerships

1. Partnership Entered Into After Adoption of Ordinance. For vessel partnerships (entered into after adoption of this ordinance) with a licensee who obtained a mooring prior to ordinance adoption, a written partnership agreement shall be provided with a new DMV registration or Coast Guard document showing all owners’ names; the mooring assignment rate will apply, except for vessels as defined in 17-50.2(a)5 above, and new vessel partners will not be added to the mooring license agreement. If a mooring license agreement is held by multiple persons, no one shall be dropped as a licensee without a signed written request to do so by the person to be dropped. The City’s legal relationship remains solely with the original mooring licensee.

2. Partnerships in Vessels New to the Mooring. For vessel partnerships in a vessel which has not previously occupied the licensee’s harbor mooring for at least one year prior to the formation of the partnership, the original licensee partner(s) under section 17-50.2 shall demonstrate at least a 51% financial interest in the new vessel, contribute a commensurate share to the continuing expenses of the vessel, and personally use the vessel for travel out of the Harbor a minimum of ten times over three separate months of any continuous twelve-month period. The licensee’s financial interest may not be gifted from the non-licensee boat partners. The Harbormaster shall have the right to review the financial records of the vessel and request confirmation of personal use in order to confirm satisfactory compliance with the requirements here.

3. Mooring Location for Partnership Vessels The Harbormaster shall have the right to assign the vessel to a different mooring if, in his opinion, it is in the overall best interest of space management of the harbor.

(c). Confirmation of Ownership

If it appears that an ownership interest in a vessel has changed, and/or if said vessel’s mooring license has been reassigned without the approval of the Harbormaster, the Harbormaster may require substantiation of a licensee’s maintenance of the requisite ownership interest in a vessel. Said proof may be in the form of records reflecting payment of expenses, insurance, interest payments on loans secured by the vessel, and personal property taxes paid on the vessel. All personal financial information submitted to the Harbormaster will be used only for the purpose of enforcing this section and shall otherwise be kept confidential. Failure of the licensee to demonstrate maintenance of the requisite ownership interest in the vessel may result in revocation of the mooring license.

In the event the Harbormaster determines that the documentation submitted pursuant to the foregoing paragraph does not conclusively establish whether a change in vessel ownership has occurred, in lieu of immediate revocation of the mooring license, the Harbormaster may require licensee to establish the licensee’s own personal continued use of the vessel on a regular basis. Personal continued use may be conclusively established if licensee personally uses the vessel for travel outside the Harbor a minimum of ten times over three months out of any twelve-month period. In the event the Harbormaster determines that a licensee has failed to personally use the vessel on a regular basis as set forth in this paragraph, the mooring license shall be subject to revocation.

(d). Mooring Location Upon License Assignment.

When the Harbormaster approves a new mooring license for the owner(s) of a purchased vessel, the mooring that is provided to the new purchaser shall suit the vessel, but may not necessarily be the same mooring as held by the former mooring licensee.

(e). Assignment of Vessel to Family Member.

If a vessel occupying a mooring under a mooring license agreement is given, bequeathed, or otherwise assigned without consideration of any kind, to an immediate family member of the mooring license holder, such assignment shall not be subject to the provision of Section 17-50.2(a)1-4 herein, provided that the mooring is used only for the given or bequeathed vessel. “Immediate family member” shall be defined as a spouse, former spouse, grandparent, grandchild, parent, child, adopted child, brother, or sister; all of these including in-law and step relationships.

(f). Retention of Mooring; Trades.

The licensee of a mooring may, upon prior written approval of the Harbormaster, retain mooring license rights and be subject to the regular monthly mooring rate for use by another vessel owned by licensee, provided the vessel size conforms with the size of the mooring and adequate proof of sole ownership is submitted to the Harbormaster. Two mooring licensees may also trade moorings of the same or differing sizes without invoking the rate increase described in (a)3 above, unless one or both of them are already paying the mooring assignment rate, in which case that rate will apply to the newly obtained mooring

(g). Only One Mooring or Marina Berth License Per Person Effective June 1, 1998, a mooring licensee may possess only one mooring or municipal marina berth license agreement, except:

1. Licenses Held Prior to Adoption of This Ordinance. Multiple mooring or marina berth license agreements held by persons prior to adoption of this ordinance.

2) Commercial fishers. Commercial fishers who acquire multiple mooring license agreements to be used exclusively for commercial fishing operations, and as per the requirements of Section (a)5 above.

3) Concessionaires. Concessionaires of the City who may acquire multiple mooring licenses within the terms of their lease with the City.

(h). Mooring Leave Option.

For moorings released to the City for reassignment to the waiting list, the licensee releasing the mooring may obtain an option for a similar mooring, granted ahead of the regular request to the Harbormaster at any point in time after the assigned. To obtain a mooring leave option, a fee of one month’s mooring, per year, shall be paid.

Section 17-50.3 TEMPORARY MULTIPLE MOORING LICENSES

A mooring licensee may acquire a second vessel on a second mooring without invoking the rate increase described in 17-50.2(a)3, or being subject to (g) above, provided the original mooring is released to the waiting list within six (6) months of acquiring the second vessel.

Section 17-50.4 RIGHTS AND LIMITATIONS OF MOORING USE

Except for dinghies, only one boat is allowed on a mooring at any one time. A mooring permit shall authorize the holder thereof to use the facilities for mooring purposes only and grants no further rights, privileges or uses. Additional or varying uses shall not be allowed except as provided in the ordinances or with the written permission of the Harbormaster.

Section 17-50.5 CURRENT ADDRESSES

The licensee shall at all times keep the Harbormaster informed of any change in current mailing address, telephone number, or change in title, ownership or exchange of the vessel occupying a mooring in the Harbor area.

Section 17-50.6 CANCELLATION OF LICENSE

The license agreement may be canceled by either party upon thirty (30) days prior written notice. If a license is canceled, the licensee shall be entitled to a refund of any prepaid fees.

Section 17-50.7 MAINTENANCE AND CARE OF MOORING

Mooring licensees are responsible for their mooring gear and for the safe and secure mooring of their vessel(s) except as provided in Section 17-50.9(g). They are liable for damage to their own vessel and to other vessels, if caused by their reckless action, inattention, or other failure to maintain their gear. Boat owners will be billed for labor and materials to secure vessels which are improperly or inadequately secured, or to repair mooring facilities which are damaged due to their negligence.

(a). Number display.

Mooring licensees are required to display at all times, their assigned mooring number on two (2) opposite sides of the mooring buoy in easily visible letters at least four (4) inches high.

(b). Gear Inspection.

It shall be the responsibility of the mooring licensee to have all of the mooring gear inspected by someone competent to assess its condition at least on an annual basis. The results of the inspection shall be provided to the Harbor Office.

(c). Failure to provide Gear Inspection.

Failure to provide the annual gear inspection or to properly maintain mooring gear shall be considered a serious violation of this ordinance and may be grounds for the cancellation of the mooring license.

Ord. 3315; 12/02

Section 17-50.8 SWING

The Harbormaster shall have the authority to set the maximum swing for each mooring to reduce the likelihood of vessels striking each other.

Section 17-50.9 UTILIZATION

No mooring licensee may sub-lease, sub-rent, or sub-license his mooring to another person or entity except through the Harbormaster’s Office and according to standard procedure set forth. The use of a mooring by any boat other than the licensee’s must be approved by the Harbormaster, and must be reported promptly to the Harbor Office.

(a). Other Person’s Use.

Use of a licensee’s vessel by any person other than the licensee, in the form of a charter, rental agreement, lease or any other arrangement, whereby some person other than the mooring licensee is afforded the use of the licensee’s vessel and mooring, shall constitute a sub-license of the mooring and shall be subject to the provisions of this section. The details of such an agreement shall be notarized and filed at the Harbor Office.

(b). Liveaboard Limitation

Rented, chartered, or leased vessels may not be used as a liveaboard dwelling, except by special permit from the Harbormaster.

(c). Minimum Vessel length and Mooring Use

Mooring licensees must occupy their moorings with a vessel they own of at least sixteen feet (16')in length that is either California-registered or Federally Documented for a minimum of six months out of any twelve month period, except as described below.

(d). Sub-license Permits

Sub-license permits may be granted for a maximum of six months in any twelve-month period, except extensions of time beyond six months as expressly permitted by the Harbormaster for such reasons as extended cruising, out of area commercial fishing, extended boat repairs, boat building or purchase efforts, or for other commercial uses as approved by the Harbormaster. For sub-licenses of a duration of six months or less out of any twelve month period, the mooring licensee may select anyone of his/her choosing to sublet the mooring provided the vessel fits within the allotted space. The financial obligation for the mooring shall remain with the regular licensee. Reimbursement by the sub-licensee to the licensee will be the responsibility of the two contracting parties. The sub-license rate, however, shall not exceed the standard fee schedule currently used by the City of Monterey, as adopted by resolution by the City Council, plus a reasonable amount for the maintenance of the mooring equipment.

(e). Sub-license Time Extensions

If the Harbormaster approves additional time beyond the six month limit, the Harbormaster shall have the right to provide the sublicense opportunity to individuals who have senior status on the City’s mooring waiting list. No right to continuing occupancy of a mooring in the harbor or to higher waiting list priority shall result from such use. In circumstances where the Harbormaster approves a time extension, and places an individual from the waiting list on the mooring, the City shall be responsible for the collection of mooring fees and for the maintenance of the mooring during such use.

(f). Sub-license Agreement

Sub-license permits will be issued by the Harbormaster on the basis of a joint agreement executed at the Harbor Office between regular licensee and sub-license.

(g). Mooring Gear Maintenance During Sub-licensing

The responsibility to maintain safe and secure mooring gear, except for the mooring pendant, shall remain the licensee’s, except as mutually agreed upon by the two contracting parties, or as conditioned above.

(h). Mooring Pendant

The responsibility to maintain a safe and secure mooring pendant shall be the boat owners.

Section 17-50.10 TAMPERING WITH OR BOARDING VESSELS

It shall be unlawful for any person to willfully injure, break, remove or tamper with any part of any vessel in the Harbor, any part of the mooring gear, any waterway or facility thereof, or to climb into or upon any vessel without the consent of the owner unless in the performance of official duties or to protect life or property.

Section 17-50.11 OPERABLE AND SEAWORTHY VESSELS

Vessels moored in the Outer Harbor must be operable and maintained in a seaworthy condition and be of a design suitable for operation on the open waters of Monterey Bay in the typical range of sea conditions. Dinghies serving moored vessels shall not be required to be seaworthy or operable, as defined below, if they are used to access moored vessels within the Outer Harbor.

(a). Operable Vessels

“Operable” means capable of safely maneuvering under its own power whether it be sail or engine, from the mooring to the 40 fathom line of the open waters of the Monterey Bay and back onto its mooring. In cases where a vessel does not leave its mooring for a long period of time and the question of operability arises, the Harbormaster may request a demonstration of the vessel’s operability. At least thirty (30) days advance written notice must be given to the vessel’s owner for such a request. In cases where a vessel is found to be inoperable, the owner shall have ninety (90) days to effect repairs. If after ninety (90) days the boat is still inoperable, the mooring will be forfeited to the City of Monterey. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his request to test operability as needed.

(b). Seaworthy Vessels

“Seaworthy” shall mean that the vessel’s hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot. If a dispute over the seaworthiness of a vessel arises, the opinion of a qualified independent marine surveyor may be obtained at the owner’s expense. When the determination is made that a vessel is unseaworthy, 120 days shall be granted to repair the vessel. If after this period of time the vessel is not seaworthy, the mooring of said vessel shall be forfeited to the City of Monterey. In cases where determination of operability, design and/or seaworthiness is in dispute, the Harbormaster’s decision will be final.

(c). Other Craft

Barges, if maintained and regularly used in support of Naval or Cruise industry visits or other commercial uses authorized by the City, and live-bait tanks and mariculture pens which are actively engaged in business, shall be exempted from this section governing “inoperable vessels”. It is not the intention of this exemption to allow for long-term storage of unused marine hardware.

Section 17-50.12 ANCHORING

No person shall anchor any vessel inside the mooring area. No person shall allow his moored vessel to obstruct the Harbor’s marked navigation channels. If a vessel does block a channel, it and/or its mooring gear may be moved by the Harbormaster at the licensee’s expense, and, the vessel owner or mooring licensee may be cited for violation of this section.

Section 17-50.13 MAXIMUM VESSEL SIZE

The Harbormaster shall keep a record of the maximum-sized vessel, measuring all permanent structures, allowed for each mooring location. Vessels larger than the maximum allowed will not be permitted, except by advance written permission from the Harbormaster, or, as relocated by the Harbormaster.

Section 17-50.14 BLOCKS

The Harbormaster shall have the authority to require the use of a city owned and maintained block.

Section 17-51 FEES AND CHARGES

Mooring fees and all other fees and charges pertaining to the Harbor shall be established by the City Council, by Resolution.

(a). When Payable

Charges for mooring fees on a license basis are due and payable in advance and shall become delinquent twenty-five (25) days from the billing date. Charges for services or other materials than mooring shall become payable ten (10) days after the date of issuance of a bill by the Harbormaster and shall become delinquent thirty (30) days after such date.

(b). Delinquent fees

When mooring charges become ninety (90) days delinquent the license shall be subject to cancellation and the mooring returned to the City. Thirty (30) day’s notice of the intent of the City to cancel shall be provided when mooring charges become sixty (60) days delinquent. Any delinquency in mooring fees shall create a lien right on the part of the City.

(c). Penalties

Past due accounts shall have a late charge of 2% per month added to the previous balance.

(d). Impoundment/Lien Sale

No person shall remove or cause to be removed from the Harbor Mooring area any vessel upon which fees and charges are in arrears until charges are paid in full or the vessel is released by the Harbormaster. The Harbormaster may take any reasonable action necessary to prevent the removal of such a vessel including, but not limited to, locking the ignition or securing the vessel to its mooring or to a marina berth by means of chains, locks or other devices. While in the impound of the City the vessel owner may not board or use the vessel in any way, except as specially authorized by the Harbormaster.

1. Impoundment Costs. The City shall have the right to remove or impound the vessel of any person violating said rules and regulations including the abandonment of the vessel, or failing to pay required fees, at the sole cost and expense of the owner.

2. Lien-sale Procedure. When charges for mooring rental, services or any other charges become delinquent the City shall be empowered to sell the vessel at public auction. Vessel owner shall be notified, by first class mail and by posting the vessel at least 20 days in advance, of the date, time, and location of the lien sale. A public notice shall be published in a newspaper of sufficient readership, on at least three separate days at least one week prior to the sale, which announces the details of the sale.

Section 17-51.1. DISPOSING OF REFUSE OR OTHER MATTER

No person shall throw, discharge, deposit or leave any refuse, garbage, debris, bait, sewage, contaminated bilge water, flammable liquid, or any other similar material upon or into the waters of Monterey Harbor.

(a). Notification; costs

In the event of any waste discharge referenced above or in the event of an oil spill or other petroleum products entering the waters of Monterey Harbor, the Harbormaster and the U.S. Coast Guard shall be immediately notified. The Harbormaster is authorized to contract for the cleanup of such spills or discharges, the cost of which is to be paid by the responsible person or vessel owner.

(b). Disposal

Disposal of used lubrication oils shall be made only in designated areas. Other types of toxic waste are not to be discharged overboard, placed in trash containers, or left on the docks or wharves.

Section 17-51.2 DINGHY DOCKS

The City Council shall set, by resolution, fees for the storage of dinghies. Only mooring licensees or authorized sub-licensees shall be eligible for permits to store dinghies in Monterey Harbor for dinghies they own and use to reach their moored vessels.

(a). Dinghy Permits

The berthing of dinghies or other vessels on the City owned and operated docks, shall be by permit only as issued by the Harbormaster. Transient vessels anchoring outside of the Harbor may use the northern dock found on Wharf I for short-term dinghy storage; such usage shall be reported promptly to the Harbormaster.

(b). Comply with California Boating Law

Dinghies must comply with California Boating Law for registration and safety equipment.

(c). Cancellation of Permit

Ten (10) days prior written notice must be given to terminate any dinghy storage fees. Charges for dinghy storage will be due and payable until such notice is received.

Section 17-51.3 VESSEL MAINTENANCE

Vessel maintenance work shall be limited to that ordinarily required to keep the vessel seaworthy and in good condition. Minor repairs to and routine maintenance of a vessel may be made or accomplished on the assigned mooring space, provided all work is done within the confines of the vessel and no materials are carried in any manner whatsoever upon or into the water.

(a). Painting Prohibited

Spray painting is strictly prohibited, except for airbrush painting required for boat numbering or names.

(b). Major Repairs

Major repairs which include, but are not limited to, construction, repair, or replacement of structural members or portions of the vessel or repairs to the engine, gears, driveshaft, propeller, or other propulsion system, or scraping or sanding of paint are prohibited, except by advance request and permit from the Harbormaster. The criteria used for granting such a permit shall be largely based on the ability of all materials used by or produced from the project to be completely contained in or on the vessel.

Section 17-52 HAZARDOUS CONDITIONS.

No owner, operator or person in command of any vessel shall operate or allow such vessel to be operated within the Harbor area at a speed in excess of five miles per hour in the marked navigation channels, or three miles per hour elsewhere, or in any reckless or negligent manner. Vessel operators acknowledge that they are responsible for any damage or injury produced by their creation of an excessive wake. All vessel operators must comply with California boating law, and operate their vessels in the best prudent judgement of sailors.

(a). Swimming and Diving

Except for boat or mooring gear maintenance conducted in the area immediately adjacent to the licensee’s moored vessel, and except by special permit issued by the Harbormaster, all swimming and diving within the Harbor, including under Wharf I and Wharf 2, shall be prohibited.

(b). Inadequate Mooring Gear

If, in the opinion of the Harbormaster, a mooring licensee is using gear that is not of sufficient strength to safely secure the vessel, and even if the gear is in good condition, the Harbormaster shall have the authority to require the licensee to supply stronger gear suitable for the size of the vessel. If the mooring licensee does not supply stronger gear in a timely manner, the Harbormaster shall have the authority to provide and install storage gear, billing the mooring licensee for the cost of this service.

Section 17-52.1. ACCIDENT REPORTS REQUIRED

In addition to any reporting requirements of state or federal governments, any person involved in any activity which causes damage to any other person, boat, property, or the marina facilities shall make a report of such incident within 12 hours to the Harbormaster. All information shall be provided that is deemed necessary by the Harbormaster.

Section 17-52.2. NON-LIABILITY OF CITY

The owner of a vessel must assume all liability for loss or damage to his property of every kind arising from the use of the Harbor. Removal of any unauthorized vessel by the Harbormaster due to the vessel being in an unsafe or dangerous condition shall be without liability to the City of Monterey. The owner of such a vessel shall be liable for the costs of removal or securing of the vessel. The City assumes no risk on account of fire, theft, storm, wind, acts of God, or damage of any nature from any cause whatever, except for the gross negligence of its employees to boats or other property. Boat owners and operators acknowledge that the Harbor contains many shallow, rocky areas and other dangerous conditions, both natural and man-made.

Section 17-53 LIVING ABOARD

A maximum of twenty strictly-controlled liveaboard vessels will be permitted to occupy moorings in the Monterey Harbor. Applications for residence must be submitted to the Harbormaster. Those accepted for resident status must conform to the following conditions:

(a). Definition

A person shall be considered a liveaboard if he or she stays aboard (sleeps) three or more days out of any seven, or if that person declares the vessel to be his/her place of domicile.

(b). Advance Application

Application to liveaboard shall be made in advance of any use of the vessel as a residence. Failure to so register as a liveaboard shall be grounds for the denial of the permit.

(c). Vessel Ownership Required

In no case will a person occupying a boat owned or registered to another be considered for a liveaboard permit. Only owners of the vessels will be allowed to live aboard with members of their immediate family, or other co-habitating persons. The registered liveaboard is responsible for the actions of his/her guests.

(d). Cancellation

The permit issued may be canceled by the City at any time, with or without cause, upon thirty days notice to the applicant. It is revocable and grants no right, title or interest to the applicant, nor does it entitle the applicant to any rights superior to the public or any other mooring licensee. A liveaboard surcharge may be set by resolution by the City.

(e). Communication Equipment

Applicant’s vessel shall be equipped with an operable Marine VHF radio or cellular telephone and applicant shall maintain such radio/phone in good working order during the term of his/her residence. Liveaboard applicants shall provide the Harbormaster’s Office with their vessel name and/or their cellular phone number. The operability of this equipment may be tested without notice from time to time by the City.

(f). Sewage

No human excreta whatsoever, nor any substance or material deleterious to fish, plant, or bird life may be discharged from any vessel . Each vessel will be equipped with a Coast Guard approved sewage treatment system, or a waste holding tank with a capacity of no less than ten gallons, and the City shall have the right to inspect the interior of any such vessel with 24 hour advance notice, to verify compliance with this condition. Portable toilets are not considered installed devices and are unacceptable for the purpose of this ordinance. Waste may only be disposed of outside of state waters or in the Monterey Harbor via the City-owned pump facility which deposits waste into the Wharf #2 sewer main. The City shall have the right to require that liveaboard vessels confirm regular use of the harbor sewage pump, through a check-in procedure with the Harbor Office.

(g). Vessel Requirements

Only applicants with vessels 24 feet or more in length, or having standing headroom, will be considered for the liveaboard program. “Standing headroom” shall be defined as a minimum clearance of 5'6" above the floor in the vessel’s main cabin. The vessel must be self-powered to be considered for occupancy for residence. Except for vessels which have been continuously occupied as a liveaboard vessel for the six (6) months prior to adoption of this ordinance, no barges or houseboats will be allowed for residency. Any vessel used exclusively as a residence shall be considered to be a houseboat, regardless of its design. Liveaboard vessels must be designed for usage on the open waters of the Monterey Bay in its typical range of sea conditions. Generally, living aboard shall be considered incidental to regular use of the open waters. The Harbormaster shall have the authority to inspect vessels for compliance and/or require a reasonable test of operability on the open waters of Monterey Bay. Inspections shall occur only with a minimum of seven (7) days advance written notice to the liveaboard, and shall be limited to items pursuant to the enforcement of this section.

(h). Maximum Persons

The total residents of the liveaboard vessel must not exceed the number of beds provided by the original manufacturer, and in no event, more than five persons.

(i). Non-liveaboard Overnight Boat Use

Boat owners without liveaboard status are authorized to reside aboard their vessels for a period not-to-exceed forty-eight (48) hours in a seven day period, or, if for vacation purposes, they may stay aboard for up to fourteen (14) continuous days out of any three month period. No other persons will be allowed to stay overnight on a vessel without the owner(s) being present, except by special permit from the Harbormaster. Such a permit, to be issued in advance of the stay, shall be valid for no more than thirty (30) days.

(j). Attorney’s Fees

If legal action is required to enforce revocation of a liveaboard permit and formally remove a liveaboard and/or a liveaboard vessel, the liveaboard shall be liable for any attorney or court costs incurred by the City.

(k). Advance Cancellation Notice

Ten (10) days prior written notice must be given to terminate any liveaboard surcharge authorized under subsection (d) above. Charges for living aboard will be due and payable until such notice is received.

(l). Non-transferable

Liveaboard privileges are not transferable upon the sale of a vessel. The new owner must apply for such status and may not live aboard until such approval is granted by the Harbormaster.

Section 17-53.1 FAILURE TO COMPLY

Compliance with the rules and regulations of the Harbor Mooring area is the responsibility of vessel owners, their guests and visitors. Violation of any provision of these rules and regulations shall be considered a misdemeanor pursuant to Monterey City Code Section 1-7 and shall subject the violator to eviction from the Harbor/Mooring area, and/or revocation of their license agreement.

ARTICLE 5.
EAST ANCHORAGE/EAST MOORINGS.

Sec. 17-54. Definitions.

For the purposes of this Article, the following words and terms shall have the meanings respectively ascribed to them by this section:

Words and phrases not specifically defined shall be subject to definition and interpretation by the Harbormaster.

(a) DINGHY. A small boat propelled by oars, sails or motor which is capable of being carried aboard the vessel and which does not exceed twelve (12) feet in length, provided, however, upon prior written authorization from the Harbormaster or his designated representative, said dinghy may be longer than said twelve (12) feet.

(b) EAST ANCHORAGE AREA. The area bordered by the eastern edge of Monterey Harbor, with the northern boundary extending due east to the City limit of the City of Monterey, and including all water and submerged lands south to the mean high tide line. The East Anchorage shall include the East Mooring Area.

(c) EAST MOORING AREA. That area within the East Anchorage Area generally beginning 150 feet east of Wharf II and extending east 1,000 feet which is further identified by the presence of marked, City-owned mooring floats.

(d) GRAY WATER. Shower or sink water that does not have any sewage waste or polluted bilge water within it.

(e) LIVEABOARD. A person shall be considered a liveaboard if he or she stays aboard more than two days out of any seven, or if that person declares the vessel to be his/her place of primary residency, or if that person attempts to have mail delivered to the Monterey Harbor office on a regular basis.

(f) MOORING. Fixing a floating vessel to the bottom in one location, temporarily or permanently, by the use of cable, lines, chains, or other equipment which remains attached to the bottom, while the vessel may otherwise be underway.

(g) SEAWORTHY. Seaworthy shall mean that the vessel’s hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot.

(h) SEWAGE. Human body waste, either treated or untreated.

(i) TRANSIENT USE. Interim use of berthing or mooring facilities, assigned by the Harbormaster, by boaters who do not hold an East Mooring license with the City of Monterey.

(j) TRANSIENT VESSEL. As applied to mooring and anchoring; migratory - remaining for a short and indefinite time - as between ports on a voyage - temporary and irregular. As applied to mooring and anchoring permits, a vessel applying to stay in Monterey Bay less than thirty-one (31) days.

Sec. 17-55. Harbormaster.

(a) The Harbormaster shall have full authority in the interpretation and enforcement of all rules and regulations affecting the East Anchorage. The Harbormaster’s decision shall be final, subject only to appeal to the Public Facilities Director, the City Manager, and the City Council, as set forth below.

(b) Every vessel entering the East Anchorage shall immediately become subject to the authority and direction of the Harbormaster. The Harbormaster may direct where each vessel may be anchored within the East Anchorage Area.

(c) The Harbormaster shall have the right to refuse entry into the East Anchorage of any vessel which, in his opinion, is derelict, unseaworthy, of inappropriate size, not in compliance with California Boating Law, or if it is detrimental to the safety of the vessel, its operator, or other members of the public and their property.

(d) The Harbormaster shall have authority to relocate any vessel from where it may be stored, anchored, berthed or moored when such relocation is required to insure public safety or when it is in the best interests of harbor operations due to boat damage, dock repair, for non-payment of fees, or for the best allocation of the mooring area’s space. The Harbormaster shall have authorization to charge for such services if the vessel owner cannot move the vessel himself in a timely manner.

(e) The Harbormaster is authorized to execute on behalf of the City all license agreements, or temporary mooring permits for mooring space within the East Mooring Area, provided that all agreements shall reflect the terms and conditions contained in this Article. No more than one (1) mooring permit shall be issued to any owner, master, operator or person in legal control and custody of one (1) or more vessels.

(f) In his absence, the Harbormaster may delegate his authority to other specified members of the marina staff.

(g) The Monterey Police Department, or any duly appointed and acting peace officer shall have full authority in the enforcement of all laws, ordinances and regulations affecting the use of the East Anchorage and East Mooring Areas including the power of arrest for the violation of the provisions of said laws, ordinances, and regulations; and all orders and instructions given by them in the performance of their duties shall have the same force as if issued by the Harbormaster.

(h) It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy placed or erected by authorization of the Harbormaster.

Sec. 17-56. Mooring.

(a) Mooring Assignment. No person shall moor a vessel in the East Mooring Area without first having secured a license agreement or temporary transient assignment from the Harbormaster. Unauthorized mooring installation or occupancy is prohibited. The Harbormaster is authorized to move, secure and/or impound any vessel occupying an unauthorized mooring, or mooring without a license agreement or transient permit. All fees involved in such action will be charged to the vessels owner.

(b) Only one boat and its dinghy are allowed on a mooring at any one time. A mooring permit shall authorize the holder thereof to use the facilities for mooring purposes only and grants no further rights, privileges or uses. Additional or varying uses shall not be allowed except as provided in the ordinances and regulations for the anchorage area.

1. Waiting List. A chronological waiting list for mooring assignment will be maintained and available for public inspection. A non-refundable fee will accompany the request to be placed on the waiting list. An annual fee will be required to remain on the list. The City Council will establish an appropriate fee by resolution. Each person on the waiting list will be billed annually according to their initial application date on the waiting list. Members of the waiting list shall have the right to transfer their name from one mooring or slip size to another, and will be placed on the new list in accordance with their original sign-up date.

When a mooring becomes available for license in the East Mooring Area, it will be offered first to that person highest on the waiting list for that size mooring, and if refused, in sequence to the person next on the list. The person highest on the waiting list will be offered any available mooring providing the vessel size will not be more or less than allowed for the size of the mooring. Acceptance of a mooring must be indicated within ten days of notification by payment of fees and execution of a license agreement.

A mooring license may only be transferred to the new owner of the vessel to which it pertains if no waiting list exists for the mooring size.

2. Before a license agreement can be completed each vessel owner shall furnish a Certificate of Documentation from the United States Coast Guard or vessel registration from the Department of Motor Vehicle in the licensee’s name. No vessel other than the one specified on the license agreement shall be kept on the assigned mooring by the licensee, unless the license agreement is amended as approved by the Harbormaster. If a vessel is chartered or leased by a mooring licensee, the vessel lease shall be exclusive to the mooring lessee and a copy of the lease agreement shall be provided to the Harbormaster.

3. The Harbormaster reserves the right at any time to inspect any vessel moored, or requesting moorage, in the East Mooring Area for proper safety, sanitation, mechanical, or other devices or equipment as may be prescribed by law. The Harbormaster will give reasonable notice to the owner of any vessel of such inspection authorized by the Harbormaster for the purpose of harbor security.

(d) Current addresses, etc. The license shall at all times keep the Harbormaster informed of any change in current mailing address, telephone number, or change in title, ownership or exchange of the vessel occupying a mooring in the East Mooring Area.

(e) Cancellation of license. The license agreement may be canceled by either party upon thirty (30) days prior written notice, provided, however, that the City may terminate the license upon three (3) days prior written notice where the (1) boat owner is in default of any berth fees or other charges due and owing, or (2) is in violation of any provision of Monterey City Code Section 17-25 through 17-47 as may be amended from time to time, or (3) it is determined that the vessel owner has knowingly, and with intent to deceive, made any false, misleading or fraudulent statements in obtaining the license. If a license is canceled for good cause, the licensee shall be entitled to a refund of any prepaid fees.

(f) Maintenance and care of mooring. Boat owners are responsible for their mooring lines and chafe gear and for the safe and secure mooring of their vessels. They are liable for damage to their own vessel, and to other vessels, if caused by their reckless action. Boat owners will be billed for labor and materials to secure vessels which are improperly or inadequately secured, or to repair mooring facilities which are damaged due to their negligence.

(g) License Assignment. Assignment of mooring licenses is not permitted. The City retains the right to reassign moorings that are temporarily vacated. A licensee shall notify the Harbormaster of his/her intent to temporarily vacate the mooring.

(h) Utilization. Moorings must be utilized by the licensee for at least five months out of every 12-month period, with the exception of any leaves of absence granted by the Harbormaster. A leave of absence may be granted when:

1. There is a defined time period for the leave, and,

2. The owner’s vessel will be located continuously outside of California, or, if the owner is in a prolonged period of finding, constructing, securing, or delivering a new boat to Monterey Marina. For new boat purchase or construction, the Harbormaster may require evidence of this transaction. With an approved leave of absence, the mooring licensee will be liable for only 1/2 of the normal mooring fees, beginning the fifth month.

The interim use of a mooring by non-licensees is not permitted. The City retains the right to permit the use of moorings that are temporarily vacated. The licensee shall notify the Harbormaster when he/she plans on being away with the vessel for more than 48 hours.

(i) Tampering with or boarding vessels. It shall be unlawful for any person to willfully injure, break, remove or tamper with any part of any vessel in the anchorage, any waterway or facility thereof, or to climb into or upon any vessel without the consent of the owner unless in the performance of official duties or to protect life or property.

Sec. 17-57. Transient Berthing.

(a) All visitors wishing mooring space in the East Mooring Area shall check in with the Harbormaster prior to being assigned a mooring.

(b) No person shall anchor any vessel inside the mooring area or the Fairway Channel as marked.

(c) The Harbormaster may direct vessels to anchor outside the small boat mooring area of the harbor where it appears safe, given the conditions of vessel traffic, wave action and the maneuvering capability of the vessel requesting anchorage.

(d) Visiting vessels may stay at anchorage for up to thirty-one days in any six month period where space is available.

(e) Visiting vessels may be assigned the temporary use of a mooring, upon payment of transient fees, for up to 31 days, when space is available. Extensions of time may be approved by the Harbormaster.

Sec. 17-58. Fees and Charges.

(a) Rates. Mooring fees and all other fees and charges pertaining to the East Moorings shall be established by the City Council, by Resolution.

(b) When Payable. Charges for mooring fees on a license basis are due and payable in advance and shall become delinquent thirty (30) days from the billing date. Berthing fees on a transient basis shall be immediately due and payable on assignment of a mooring and shall become delinquent 24 hours after the mooring is assigned by the Harbormaster. Should a transient vessel have to be billed, a billing surcharge will be added to the fee due. Charges for services other than rental shall become payable ten (10) days after the date of issuance of a bill by the Harbormaster and shall become delinquent thirty (30) days after such date.

(c) Delinquent fees. When mooring charges become ninety (90) days delinquent the license shall be subject to cancellation and the mooring returned to the City. Thirty (30) day’s notice of the intent of the City to cancel the berth shall be provided when mooring charges become sixty (60) days delinquent. Any delinquency in mooring fees shall create a lien right on the part of the City.

(d) Penalties. Past due accounts shall pay a late fee as established by resolution of the City Council.

(e) Impoundment/Lien Sale. No person shall remove or cause to be removed from the East Anchorage/Mooring Areas any vessel upon which fees and charges are in arrears until charges are paid in full or the vessel is released by the Harbormaster. The Harbormaster may take any reasonable action necessary to prevent the removal of such a vessel including, but not limited to, locking the ignition or securing the vessel to its mooring or to a marina berth by means of chains, locks or other devices. While in the impound of the City the vessel owner may not board or use the vessel in any way, except as specially authorized by the Harbormaster.

1. The City shall have the right to remove or impound the vessel of any person violating said rules and regulations or failing to pay required fees, at the sole cost and expense of the owner.

2. When charges for mooring rental, services or any other charges become delinquent the City shall be empowered to sell the vessel at public auction. For California registered vessels, the California Boaters Lien Law shall apply. For federally documented vessels, Federal Maritime Law shall apply.

Sec. 17-59. Disposing of Refuse or Other Matter.

(a) No person shall throw, discharge, deposit or leave any refuse, garbage, debris, bait, sewage, contaminated bilge water, flammable liquid, or any other similar material upon or into the waters of Monterey Bay, or in the Monterey Marina itself

(b) In the event of any waste discharge referenced above or in the event of an oil spill or other petroleum products entering the waters of the Monterey Marina or the East Anchorage, the Harbormaster and the U.S. Coast Guard shall be immediately notified. The Harbormaster is authorized to contract for the cleanup of such spills or discharges, the cost of which is to be paid by the responsible person or vessel owner.

(c) Disposal of used lubrication oils shall be made only in designated areas. There are several such locations in the Marina area. Toxic waste of this or any type is not to be discharged overboard, placed in trash containers, or left on the docks or wharves.

Sec. 17-60. Hazardous Conditions.

(a) No owner, operator or person in command of any vessel shall operate or allow such vessel to be operated within the East Anchorage Area at a speed in excess of five miles per hour, or in any reckless or negligent manner. Vessel operators acknowledge that they are responsible for any damage or injury produced by their creation of an excessive wake. All vessel operators must comply with California boating law, and operate their vessels in the best prudent judgement of sailors.

(b) Dinghies shall not be brought onto the beach, except in an emergency. Dinghies shall use assigned space next to Wharf II or inside Monterey Harbor.

Sec. 17-61. Inoperable Vessels.

(a) Vessels moored in the East Mooring Area must be operable and maintained in a seaworthy condition and be of a design suitable for operation on the open waters of Monterey Bay in the typical range of sea conditions. Dinghies serving moored vessels shall not be required to be seaworthy or operable, as defined below, if they are used to access moored vessels within the East Anchorage Area.

“Operable” means capable of safely maneuvering under its own power whether it be sail or engine, from the mooring to the 40 fathom line of the open waters of the Monterey Bay and back into its mooring. In cases where a vessel does not leave its mooring for a long period of time and the question of operability arises, the Harbormaster may request a demonstration of the vessel’s operability. At least thirty (30) days advance written notice must be given to the vessel’s owner for such a request. In cases where a vessel is found to be inoperable, the owner shall have ninety (90) days to effect repairs. If after ninety (90) days the boat is still inoperable, the mooring will be forfeited to the City of Monterey. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his request to test operability as needed.

If a dispute over the seaworthiness of a vessel arises, the opinion of a qualified independent marine surveyor may be obtained at the owner’s expense. When the determination is made that a vessel is unseaworthy, 120 days shall be granted to repair the vessel. If after this period of time the vessel is not seaworthy, the mooring of said vessel shall be forfeited to the City of Monterey. In cases where determination of operability, design and/or seaworthiness is in dispute, the Harbormaster’s decision will be final.

(b) Any vessel of any nature moored, secured or in any manner placed within the confines of the East Anchorage Area, whether ashore or in the water for an excess of 72 hours without first obtaining a license, permit or required permission therefore, shall be considered to have been abandoned.

(c) Any vessel of any nature abandoned within the confines of the East Anchorage Area, whether registered with the California Department of Motor Vehicles, documented, or not marked or registered in any apparent manner, shall be placed in storage or protective custody by the Harbormaster at a daily storage rate to be set by resolution by the Monterey City Council and shall thereafter be subject to sale under the provisions of either Sections 500 through 505 or Section 522 of the Harbors and Navigation Code of the State of California as is appropriate for the circumstances.

Sec. 17-62. Living Aboard.

It shall be unlawful to live aboard a vessel, except for transient vessels, using a mooring in the East Mooring Area.

Sec. 17-63. Non-Liability of City.

The owner of a vessel must assume all liability for loss or damage to his property of every kind arising from the use of the East Anchorage Area. Removal of any unauthorized vessel by the Harbormaster due to the vessel being in an unsafe or dangerous condition shall be without liability to the City of Monterey. The owner of such a vessel shall be liable for the costs of removal or securing of the vessel. The City assumes no risk on account of fire, theft, storm, wind, acts of God, or damage of any nature from any cause whatever, to boats or other property.

Sec. 17-64. Accident Reports Required.

Sec. 17-65. Vessel Maintenance.

(a) Vessel maintenance work shall be limited to that ordinarily required to keep the vessel seaworthy and in good condition. Minor repairs to and routine maintenance of a vessel may be made or accomplished on the assigned mooring space, provided all work is done within the confines of the vessel and no materials are carried on in any manner whatsoever upon or into the water.

(b) Spray painting is strictly prohibited, except for airbrush painting required for boat numbering or names.

(c) Major repairs which include, but are not limited to, construction, repair, or replacement of structural members or portions of the vessel or repairs to the engine, gears, driveshaft, propeller, or other propulsion system, or scraping or sanding of paint are prohibited, except by advance request and permit from the Harbormaster. The criteria used for granting such a permit shall be largely based on the ability of all materials used by or produced from the project to be completely contained in or on the vessel.

Sec. 17-66. Failure to Comply.

Compliance with the rules and regulations of the Marina and East Anchorage/Mooring Areas is the responsibility of vessel owners, their guests and visitors. Violation of any provision of these rules and regulations shall be considered a misdemeanor pursuant to Monterey City Code Section 1-7 and shall subject the violator to eviction from the East Anchorage/Mooring area, and/ or revocation of their license agreement.- 137.8 - Ord. No. 3186 - 2/15/96

ARTICLE 6
LANDFILL AREA

DIVISION 1

PARKING AND GENERAL

Sec. 17-67. Parking in Designated Stalls or Areas.

No person shall stop, stand, or park any vehicle upon the landfill paved parking area except within designated stalls.

Sec. 17-68. Use of “Vehicle with Trailer” stalls.

No person shall stop, stand, or park any vehicle within any stall designated for use by vehicles with boat trailers in tow unless said vehicle is accompanied by an attached boat trailer. As used herein, the term “boat trailer” shall refer to any wheeled device pulled by a motor vehicle and designed and licensed for transportation of boats.

Sec. 17-69. Use of Dock.

The dock facility adjacent to the landfill area is for the temporary dockage of boats while loading and unloading passengers and equipment only. No person shall dock any vessel to said facility for a period in excess of thirty (30) minutes, and no person shall allow vessel to remain unattended at said facility for a period in excess of ten (10) minutes.

DIVISION 2

REGULATION OF COMMERCIAL ACTIVITY

Sec. 17-70. Definitions.

For the purpose of this Chapter, the term “commercial activity” shall mean the conducting of any activity or service for which a fee or charge is imposed for any purpose whatsoever, including, but not limited to, the loading or unloading of passengers for hire, the professional instruction of diving classes for which students have paid a fee or charge, the sale of any goods or commodity, or other similar commercial sales or services.

The term “landfill” or “landfill area” shall refer to that parcel of land located south of the breakwater and easterly of the natural shoreline of Monterey Bay, consisting of three (3) acres, more or less, and includes the launch ramp facility and dock.

Sec. 17-71. Prohibition.

Commercial activity upon that portion of the landfill not leased by the City of Monterey to any individual or entity is expressly prohibited, unless, in the discretion of the City Council, permission to so operate is granted. Such permission shall be granted only where it is found that said commercial activity is consistent with the primary purpose of the landfill area, which is to provide a public boat launching facility and related parking. As a condition of such discretionary approval, the Council may require the applicant to demonstrate that his proposed activity will not impact the shortage of parking in this area, may require payment of a user fee, and may impose such further conditions as are reasonable and necessary to assure consistency and compatibility with the launch ramp use. In all such cases of approval, the commercial entity shall comply with applicable City business license requirements.

Sec. 17-72. Penalty.

Violation of any of the provisions of this Article shall constitute a misdemeanor, and shall be punished as set forth in Code section 1-7.

Sec. 17-79: RESERVED FOR FUTURE USE">17-73 to Sec. 17-79: RESERVED FOR FUTURE USE

ARTICLE 7
YELLOW BOAT CONCESSION

Sec. 17-80. Definition.

For the purposes of this Article, the term “Yellow Boat Concession” shall refer to two loading platforms adjacent to Wharf No. 2, as so designated on that certain plat map of Monterey Municipal Wharf No. 2, date May, 1956, and to areas inside Monterey Marina, as authorized by resolution of the City Council. (Ord. 3248 § 2, 1999)

Sec. 17-81. Enforcement of Article; Powers and Duties of Harbormaster

The Harbormaster, acting under the authority of the City Council and the City Manager, shall have the authority to enforce all regulations for use of the Yellow Boat Concession. The Harbormaster shall interpret all Sections of this Article not specifically defined, and his decision shall be subject to appeal to the Public Facilities Director, the City Manager and the City Council, as set forth in section 17-87 herein.

Sec. 17-82. Permit Required

No person shall use Yellow Boat Concession for berthing, or for loading and unloading of passengers, cargo, equipment or materials without first securing a permit from the Harbormaster.

Sec. 17-83. Permit Issuance - Requirements

The City Manager, or his designee, shall issue annual permits as conditioned by this ordinance and by City Council resolution, for use of this facility by persons who have met the following requirements:

1. Permits shall be issued to licensed passenger-for-hire vessels only.

2. Monthly payment of permit fee in advance. The fee for the use of the Yellow Boat concession shall be established by the City Council, by resolution. A delinquent fee of 10% per month shall be added to past-due accounts. When permit fees are sixty (60) days delinquent, the permit shall automatically be void.

3. The permit holder must annually demonstrate evidence of possession of all licenses, certificates, business licenses, permits, registrations or other similar documents required by law for legal operation of the vessel (s) which will utilize the facility.

4. Commercial entities must annually provide a certificate of commercial general liability insurance coverage in an amount established by the City. The certificate must list the City of Monterey as additionally insured and include a 30-day written notice of cancellation.

5. Receipt of signed agreement to be provided by the Harbormaster signifying that the use of the facility by each permit holder is limited to one (1) vessel per day, on a non-exclusive basis, for loading and unloading purposes only. Use of the facility by permit holders on a first-come, first-served basis and continuous use of the facility by one user shall not exceed thirty (30) minutes without yielding to any waiting permit holder; permit holders shall abide by all rules, regulations and laws of the City of Monterey while using this facility. Shared use of the facility is required unless precluded by physical limitations or valid safety concerns.

6. A parking management plan must be submitted by the permittee for review and approved by the Public Facilities Director prior to the permittee beginning operation. This plan shall demonstrate, to the satisfaction of the Public Facilities Director, that the parking requirements of the permittee will be met in locations other than on Wharf II, and that the parking and/or traffic impact on Wharf II will be minimal. Violation of the terms of the parking plan, as approved, will be grounds for the cancellation of the permit. The requirement to obtain an approved parking management plan shall apply only to permits issued after adoption of this ordinance.

7. A permit holder who does not operate in a ninety (90) day period will automatically be subject to a review by the Harbormaster of the reasons for non-operation. “Operate” shall mean that a minimum of twelve (12) paying passengers have been carried during this period. Evidence of this minimum operation shall be provided upon the City’s request. Non-operation for a second consecutive ninety (90) day period shall subject the permit to revocation. It is generally the intent of the City that Yellow Boat Concession permits be actively used and not be inactive for long periods of time. Sub-letting or any assignment of the Yellow Boat Concession permit shall not be allowed.

8. The Harbormaster, acting under the authority of the City Council and the City Manager, shall have the authority to grant temporary permits, with restrictions, and charge appropriate fees for use of the Yellow Boat Concession.

Sec. 17-84. Transfer of Permit.

The transfer or assignment of Yellow Boat Concession permits shall not be allowed, except in the circumstance wherein all of the assets of an operating business are sold or transferred to another. Such assets must include the charter vessel, which is operable, seaworthy and insured; all necessary equipment, and a customer list. Advance written consent must be obtained from the Harbormaster and City Attorney before the Yellow Boat Concession permit can be transferred to a new business owner. The City will not consent to any sale wherein it is only or primarily the Yellow Boat Concession permit, which is sold.

For partnerships in charter businesses operating with a Yellow Boat Concession permit formed after the adoption of this ordinance, the permittee of record must maintain at least a 51% interest in the business, continue to actively manage the business, and be the only person whom the City will deal with for Yellow Boat Concession permit business.

Sec. 17-85. Permit Waiting List

A waiting list shall be established and maintained by the Harbormaster. The annual fee for placement on the waiting list shall be established by the City Council, by resolution. A revoked or forfeited permit will be offered to the first applicant on the waiting list. Acceptance of a permit must be indicated with twenty (20) days of notification by payment of fee and execution of permit agreement. The Permittee must begin operation within 120 days of permit issuance.

Sec. 17-86 Use of Facility

Use of the facility shall be available to all persons possessing valid permits on an equal basis as subject to sections 17-83.5 and 17-83.6 of this ordinance, with such uses normally conducted on Wharf I by passenger-for-hire concessionaires pursuant to Resolution 9000 C.S. prohibited. Allowable uses of the Yellow Boat Concession include scuba dive charters, sailing lessons, sailing cruises and the scattering of human ashes at sea. For sailing lessons, sailing cruises, and the scattering of human ashes at sea, the maximum passengers allowed per trip shall be twenty-four (24) persons. Except for scuba dive charters, all other charter activity shall be allowed only from the Yellow Boat dock or from within the marina, if the Yellow Boat Dock is not usable.

Sec. 17-87 Revocation of Permit; Appeal

Violations of any provision of this Article shall be considered a misdemeanor and, in addition, shall constitute grounds for summary revocation of the permit by the Harbormaster. The Harbormaster’s decision to revoke shall be subject only to appeal to the Public Facilities Director, the City Manager, and the City Council, as set forth below.

1. Appeal to the Public Facilities Director. Appeal of any decision of the Harbormaster must first be made to the Public Facilities Director. Such an appeal must be presented in writing and be received by the Office of the Public Facilities Director within ten (10) days of the date of the Harbormaster’s decision. The Public Facilities Director shall hear the appeal and render a decision within ten (10) days of its receipt, unless both parties agree to an extension.

2. Appeal to the City Manager. Decisions of the Public Facilities Director may be appealed to the City Manager. Appeals must be presented in writing and received by the Office of the City Manager within ten (10) days of the Public Facilities Director’s decision. The City Manager shall conduct an informal hearing regarding the dispute and make a determination regarding the appeal within ten (10) days of its receipt, unless both parties agree to an extension.

3. Appeal to the City Council. Decisions of the City Manager may be appealed to the City Council. Appeals must be presented in writing and received by the City Clerk within ten (10) days of the date of the City Manager’s decision, along with any required fee for filing such an appeal. The City Clerk shall set the matter for hearing before the City Council within 45 days from the date, time and place thereof to the appellant at least ten (10) days prior to the date of the hearing. Said hearing date may be continued by the appellant or by the City Council if further information is required to facilitate a fair and adequate determination of the appeal. The decision of the City Council shall be final.

This page is reserved for future use.

CHAPTER 17.HARBOR AND MARINA

ARTICLE 1.IN GENERAL.

Sec. 17-1. Restrictions on deliveries of fresh fish at Port of Monterey.

ARTICLE 2.MUNICIPAL WHARVES.

Sec. 17-2. Docking, loading, etc., of vessels --precedence of vessels.

Sec. 17-3. Same -- when permitted.

Sec. 17-4. Same - Designation of Space; Docking Time Allowed

Sec. 17-5 Wharfage Rates and Charges.

Sec. 17-6. Bonds required for transporting of excessive loads.

Sec. 17-7 Fish, etc., to be sold, delivered, etc., only by licensed concessionaires.

Sec. 17-8 Restrictions on use of wharves for storing, etc., of goods.

Sec. 17-8.5 Regulation of Alcoholic Beverage Sales in Fish Markets, Wharf No. 1.

Sec. 17-9. Restrictions on Fishing on Wharves.

Sec. 17-9.1 Overhead Casting.

Sec. 17-9.2 Standing on Railings.

Sec. 17-10 Enforcement of Article.

Sec. 17-11 Operation and use of Vehicles - Restrictions, concessionaire permits; special parking permits; authority of wharf traffic officer.

Sec. 17-11.5 Maximum Weight Limits.

Sec. 17-12. Same -- speed limit.

Sec. 17-13. Same -- parking regulations.

Sec. 17-14. Regulations for Concessions.

Sec. 17-15 Docking of boats limited to certain uses.

Sec. 17-16 Defacing, obliterating, etc., of signs and markings prohibited.

Sec. 17-16.1 Use of bicycles and skateboards restricted.

Sec. 17-16.2 No Dogs Allowed Upon Wharf.

Sec. 17-16.3 Pre-Construction Rules.

Sec. 17-17. Operation and use of Vehicles - Speed Limit.

Sec. 17-18. Same - Restricted in Certain Areas.

Sec. 17-19. Same - Parking Restrictions.

Sec. 17-20. Designation and marking of parking spaces and loading zones.

Sec. 17-21. Operation and mooring of boats prohibited in certain areas.

Sec. 17-22. Deleted by Ordinance No. 3100 C.S.

Sec. 17-23. Throwing, depositing, etc., of garbage, refuse, etc., prohibited; exception.

Sec. 17-24. Diving prohibited.

Sec. 17-24.5 Conditions of Use of Public Hoist

ARTICLE 3.MONTEREY MARINA.

Sec. 17-25. Definitions.

Sec. 17-26. Harbormaster.

Sec. 17-27. Access to Berthing Facilities.

Sec. 17-28. Berthing.

Sec. 17-29. Transient Berthing.

Sec. 17-30. Fees and Charges.

Sec 17-31. Disposing of Refuse or Other Matter.

Sec. 17-32. Fishing Prohibited.

Sec. 17-33. Hazardous Conditions.

Sec. 17-34. Inoperable Vessels.

Sec. 17-35. Living Aboard.

Sec. 17-36. Loading of Passengers for Hire.

Sec. 17-37. Modification of Berths.

Sec. 17-38. Non-Liability of City.

Sec. 17-39. Performing Labor, Services.

Sec. 17-40. Pets.

Sec. 17-41. Solicitation Restrictions.

Sec. 17-42. Storage.

Sec. 17-43. Accident Reports Required.

Sec. 17-44. Vessel Maintenance.

Sec. 17-45. Vessel Security and Hazards.

Sec. 17-46. Failure to Comply.

Sec. 17-47. Appeal.

ARTICLE 4MOORING OF VESSELS IN THE HARBOR

Sec. 17-48. DEFINITIONS

Sec. 17-49. HARBORMASTER

Sec. 17-50. MOORING

Section 17-50.1 MOORING ISSUANCE

Section 17-50.2 INDIVIDUAL MOORING LICENSES

Section 17-50.3 TEMPORARY MULTIPLE MOORING LICENSES

Section 17-50.4 RIGHTS AND LIMITATIONS OF MOORING USE

Section 17-50.5 CURRENT ADDRESSES

Section 17-50.6 CANCELLATION OF LICENSE

Section 17-50.7 MAINTENANCE AND CARE OF MOORING

Section 17-50.8 SWING

Section 17-50.9 UTILIZATION

Section 17-50.10 TAMPERING WITH OR BOARDING VESSELS

Section 17-50.11 OPERABLE AND SEAWORTHY VESSELS

Section 17-50.12 ANCHORING

Section 17-50.13 MAXIMUM VESSEL SIZE

Section 17-50.14 BLOCKS

Section 17-51 FEES AND CHARGES

Section 17-51.1. DISPOSING OF REFUSE OR OTHER MATTER

Section 17-51.2 DINGHY DOCKS

CHAPTER 17.
HARBOR AND MARINA

ARTICLE 1.
IN GENERAL.

ARTICLE 2.
MUNICIPAL WHARVES.

ARTICLE 3.
MONTEREY MARINA.

ARTICLE 4
MOORING OF VESSELS IN THE HARBOR

ARTICLE 5.
EAST ANCHORAGE/EAST MOORINGS.

ARTICLE 6
LANDFILL AREA

ARTICLE 7
YELLOW BOAT CONCESSION