Chapter 14.04
MUNICIPAL WHARF*

*    For statutory provisions relating to acquisition, construction and improvement of wharves and other structures along bodies of water within a city’s limits, see Gov. Code § 39901.

Sections:

14.04.010    Definitions.

14.04.020    Free dockage.

14.04.030    Rates for space and services.

14.04.040    Failure to pay.

14.04.050    Errors.

14.04.060    Credit dockage list.

14.04.070    Delinquent list.

14.04.080    Wharfage charge.

14.04.090    Statement of cargo to be discharged.

14.04.100    Statement of cargo received.

14.04.110    Refusal to give statement – False statements.

14.04.120    Failure to pay bills.

14.04.130    Person in charge of vessel liability.

14.04.140    Copies of manifest.

14.04.150    Exemptions of wharfage.

14.04.160    Reconsigned shipments.

14.04.170    Responsibility of city manager or wharfinger.

14.04.180    Failure to pay demurrage or storage bills.

14.04.190    Wharf assignments.

14.04.200    Regular assignments.

14.04.210    Conditions of assignment.

14.04.220    Assignment not transferable.

14.04.230    Public landings.

14.04.240    Personal effects, supplies, merchandise, small lots.

14.04.250    Permit required for excess.

14.04.260    Penalty for unnecessary delay.

14.04.270    Penalty for vessel remaining at landing when not loading or discharging.

14.04.280    Penalty for obstructing approach or exit.

14.04.285    Penalty for violating or interfering.

14.04.290    Rentals.

14.04.291    Space rentals.

14.04.300    Water – Penalty for attaching hose or taking water without permission.

14.04.310    Malicious setting adrift.

14.04.320    Dolphins or wharves in turning.

14.04.330    Fires prohibited on boats or vessels.

14.04.340    Malicious injury.

14.04.350    Responsibility for damage to public works.

14.04.360    Obstructions.

14.04.380    City manager to make rules.

14.04.390    Signals.

14.04.400    Repealed by Ords. 85-75 § 1 and 85-76 § 6.

14.04.410    Consent to use wharf.

14.04.420    Collection of rents and charges.

14.04.430    Garbage.

14.04.440    Fairway.

14.04.450    To be kept clear.

14.04.460    Minimum charges and rents provided.

14.04.470    Repairs on wharf – Permit.

14.04.480    Soliciting.

14.04.490    Repealed by Ord. 85-75 § 1.

14.04.500    Repealed by Ord. 85-75 § 1.

14.04.510    Repealed by Ord. 85-75 § 1.

14.04.520    Repealed by Ord. 85-39 § 2.

14.04.530    Repealed by Ord. 85-39 § 2.

14.04.540    Closure of wharf—2:00 a.m. to 5:00 a.m.

14.04.550    Fires prohibited.

14.04.010 DEFINITIONS.

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

(1)    “Wharf” means any wharf, pier, quay, landing or other stationary structure to which a vessel may make fast or which may be utilized in the transit or handling of goods, and also includes all the area between the pierhead and bulkhead line; excepting, however, such locations as may be set apart as public landings.

(2)    “Public landing” means the portion of any wharf which may be set apart from time to time by the city for public use.

(3)    “Public davits” means davits set apart from time to time by the city for public use.

(4)    “Vessels” means steamboats, motorboats, sailing vessels, barges, lighters, ferry boats, pleasure craft and all other watercraft.

(5)    “Merchandise” means all goods, freight or cargo.

(6)    Coastwise Trade. A vessel engaged in service along the Pacific coast of the United States between the Mexican and Canadian borders only, is engaged in “coastwise trade”; except, however, a vessel carrying part cargo between the port of Santa Cruz and British Columbia ports shall also be considered as engaged in coastwise trade.

(7)    Intercoastal Trade. A vessel engaged in service between ports of the United States on the Atlantic and Gulf coasts and ports of the United States on the Pacific coast is engaged in “intercoastal trade.”

(8)    Foreign and Off-shore Trade. A vessel engaged in service other than that described in subsections (6) and (7) is engaged in “foreign and off-shore trade.”

(9)    Fishing Trade. A vessel engaged exclusively in the fishing industry is engaged in the “fishing trade.”

(10)    “Dockage” means the charge assessed against a vessel for berthing at or making fast to a wharf.

(11)    “Wharfage” means the charge assessed for the service or use of the wharf in the passage of goods thereover or thereunder, or awaiting shipment, or for the passage of goods over the ship’s side for unloading to or loading from the water alongside, or to or from barges, lighters or other watercraft while such vessel is moored abreast of or made fast to the wharf.

(12)    “Wharf demurrage” means the charge assessed against merchandise which shall remain on the wharf or premises after the free period allowed.

(13)    “Wharf storage” means the charge assessed against merchandise, trucks, boats, or boat equipment, or any other materials, or any other articles, which remain on the wharf or premises and have been accepted for storage.

(14)    “Wharf assignment” means the permission to use a berth at the wharf.

(15)    “Lighter” means a vessel which has neither power nor steering equipment. All lighters shall be required to be measured and either lettered, numbered or named, and registered with the city so that identification may be easily established; otherwise, such watercraft shall be denied the use of wharves and other facilities provided by the city.

(16)    “Private landing” means the portion of the wharf, not necessary for public use, which may be set apart from time to time by the city for boat landing purposes and which may be assigned or leased to a person for his exclusive use.

(17)    “Space” means the portion of the surface of the wharf, not necessary for public use, which shall be set apart from time to time by the city and which may be assigned or leased to a person for his exclusive use.

(18)    “Tying-up space” means the portion of the wharf, not necessary for public use, which may be set apart from time to time by the city for the purpose of tying up boats to the wharf, and which may be assigned or leased to a person for his exclusive use.

(19)    “Private davits” means davits not necessary for public use, which may be set apart from time to time by the city and which may be assigned or leased to a person for his exclusive use.

(Prior code § 7600).

14.04.020 FREE DOCKAGE.

Free dockage shall be accorded the following vessels:

(1)    When in the discretion of the city manager, conditions may warrant the temporary suspension of regular dockage charges against vessels owned by the United States government or any other nation, or otherwise in the interest of public welfare;

(2)    Vessels while actively and actually engaged as a tugboat while made fast to another vessel during the time the latter is being charged dockage;

(3)    Boats and vessels, the owners of which rent private landings, space or tying up space, docked at such landings, space or tying up space;

(4)    Boats used by owners of pleasure boats that anchor in Monterey Bay in carrying the owners of such boats or their own guests between the wharf and such pleasure boats.

(Prior code § 7601).

14.04.030 RATES FOR SPACE AND SERVICES.

The rates of all charges for rental and services at the Municipal Wharf shall be determined and established by resolution of the city council.

(Prior code § 7602).

14.04.040 FAILURE TO PAY.

All bills for dockage must be paid forthwith upon presentation, whether approved or not. Refusal or failure to pay such bills forthwith upon presentation shall subject the vessel to be placed on the delinquent list.

(Ord. 76-2 § 12, 1976: prior code § 7604).

14.04.050 ERRORS.

Errors, if any, will be subsequently rectified by the city manager.

(Prior code § 7605).

14.04.060 CREDIT DOCKAGE LIST.

The city manger, in his discretion, may release parties or vessels from the obligation of paying dockage forthwith before departure of vessels in the manner required by this chapter, provided such parties make written application to the city manager asking to be placed on the credit dockage list. Such applicant must give the names and class of vessel of which they are the owners, managers, agents or consignees, and agree to pay, forthwith upon presentation, until written notice to the contrary, the dockage bills on all such vessels. If such application is granted, such person must, forthwith upon presentation of the bill therefor, pay such dockage. In case of failure to pay such bill forthwith upon presentation, the permission hereinbefore provided shall be revoked and such person shall be stricken from the credit dockage list and placed upon the delinquent list. Ocean-going vessels not on the credit dockage list, may, in lieu of paying the dockage bill at the wharf, produce a slip signed by the owner or agent of the vessel, stating that he will pay, forthwith upon presentation, the dockage bill due on each vessel. The bill for the dockage of such vessel, with the slip attached, must be sent forthwith to the proper office for collection.

(Prior code § 7606).

14.04.070 DELINQUENT LIST.

If any vessel leaves a wharf, unless forced to do so by stress of weather or fire, without first paying the dockage due (unless such vessel is upon the credit dockage list), such vessel shall be placed upon the delinquent list and thereafter it must not be permitted to use the wharf without first paying double the bill incurred and ten dollars in addition thereto, except by written permission of the city manager.

(Ord. 76-2 § 13, 1976: prior code § 7607).

14.04.080 WHARFAGE CHARGE.

An inbound or outbound wharfage charge, or both, as the case may be, shall be imposed upon all cargo passed over a vessel’s side, including fuel (except when free as specified in this chapter), and must be paid by the vessel discharging or loading the same, through its master, owner, agent or other person duly authorized to do so. If any vessel leaves a wharf, unless forced to do so by stress of weather or fire, without first paying all wharfage charges due (unless such vessel is upon the credit wharfage list), such vessel shall be placed upon the delinquent list and thereafter shall not be permitted to use the wharf without first paying double the bill incurred and ten dollars in addition thereto, except by written permission of the city manager.

(Ord. 76-2 § 14, 1976: prior code § 7609).

14.04.090 STATEMENT OF CARGO TO BE DISCHARGED.

The owner, agent, manager, consignees, master or person in command of any vessel, at the time of its arrival at any wharf shall, upon demand, deliver to the wharfinger in charge thereof a full and correct statement signed and certified to by him on blanks furnished by the city manager, of all cargo of every kind intended to be discharged from such vessel at said wharf, specifying the character and quantity of each kind of such cargo, as per schedule adopted by the city council.

(Prior code § 7610).

14.04.100 STATEMENT OF CARGO RECEIVED.

The owner, agent, manager, shipper, master or person in command of any vessel, before its departure from the wharf must, upon demand, deliver to the wharfinger in charge thereof a full and correct statement, signed and certified by him on blanks furnished by the city manager, of all cargo of every kind received on such vessel at said wharf, specifying the character and quantity of each kind of such cargo as per schedule adopted by the city council.

(Prior code § 7611).

14.04.110 REFUSAL TO GIVE STATEMENTS – FALSE STATEMENTS.

No owner, agent, manager, consignee, shipper, master or other person so in charge shall refuse or neglect to deliver the statements provided for in this chapter or shall willfully make a statement false in any of the particulars required by these rules.

(Prior code § 7612).

14.04.120 FAILURE TO PAY BILLS.

Every vessel is obliged to pay, through its owner, agent, manager, master or other duly authorized person in charge of such vessel or cargo, to the person authorized to receive or accept such payment, at the wharf, the amount due for wharfage upon all cargo discharged from or loaded upon such vessel, before the departure of the vessel from such wharf, unless the vessel is upon the credit wharfage list.

(Prior code § 7613).

14.04.130 PERSON IN CHARGE OF VESSEL LIABILITY.

No person in charge of a vessel shall discharge from or receive upon such vessel at any wharf, any cargo or permit such vessel to leave such wharf, unless forced to do so by stress of weather or fire, before all charges due upon such cargo have been paid (unless such vessel or person is upon the credit wharfage list).

(Prior code § 7614).

14.04.140 COPIES OF MANIFEST.

The master, agent or consignee of vessels must furnish, upon demand to the wharfinger at the wharf where such vessels are discharged or loaded, copies of their manifests, and the same shall be placed on record or filed as provided by the city council.

(Prior code § 7615).

14.04.150 EXEMPTIONS OF WHARFAGE.

No wharfage shall be charged upon donkey engines, stevedore tools, or equipment when taken on the wharf for purposes of discharging or loading a vessel, or on passengers’ baggage when accompanying the passenger, nor when in the discretion of the city manager conditions may warrant the temporary suspension of wharfage charges against vessels owned by the United States government or any other nation or otherwise in the interest of the public welfare.

(Prior code § 7616).

14.04.160 RECONSIGNED SHIPMENTS.

Cargo loaded on the wharf and not removed therefrom may, after having paid one wharfage charge, be reshipped from such wharf without the payment of a further wharfage charge. If cargo has been removed from the wharf into a warehouse or elsewhere before the same is reshipped, an additional wharfage outbound charge shall be made against the same. When a wharfage charge has been paid or assessed on cargo discharged from a vessel at the city wharf into another vessel, such cargo may be landed at another city wharf or into another vessel thereat without the assessment of another inbound wharfage charge. If such cargo is later reshipped from such wharf by water, an additional outbound wharfage charge shall apply.

(Prior code § 7617).

14.04.170 RESPONSIBILITY OF CITY MANAGER OR WHARFINGER.

The city manager or wharfinger assumes no responsibility for handling, insurance or otherwise, unless merchandise is receipted for on behalf of the city manager and then only to the extent set out in such receipt, and the city manager reserves the right to terminate such storage of any goods at any time and to cause removal thereof wholly at the expense of the owner. The city manager or wharfinger will not be responsible for loss or damage, if any, to any merchandise or other property stored or handled over, upon, in, through, or under the wharf or other structure or property owned, controlled or operated by the city, and caused by or on account of rodents, insects, natural shrinkage, wastage, or decay, seepage, leaky containers, heating or evaporating, fire leakage or discharge from sprinkler systems, rain, floods or the elements, collapse of such wharf or other structure, war, riots, strikes, or from any cause whatsoever.

(Prior code § 7620).

14.04.180 FAILURE TO PAY DEMURRAGE OR STORAGE BILLS.

For the purpose of enforcing payment of the various charges provided herein, merchandise remaining upon the wharf longer than the time prescribed by these regulations, and boats or vessels in the possession of the wharfinger upon which any charge under this chapter is ten days past due, and for the purposes of this chapter any charge for any purpose connected with the use of the wharf, is deemed a direct charge against any boat or vessel in any manner using the wharf.

Any boat or vessel in any manner attached to, tied to, or touching the wharf is deemed to be in the possession of the wharfinger, and may be taken possession of by the city, and if accrued charges are not paid forthwith, upon demand therefor, the city manager is empowered to remove and store the same wholly at the charge, risk and expense of the owner thereof, or to sell the same with or without notice, at his discretion. From the proceeds of such sale, he shall retain all charges due, with ten-percent penalty thereon added, and pay same into the city treasury, and if there is any surplus, he shall pay the same to the proper authority.

(Prior code § 7621).

14.04.190 WHARF ASSIGNMENTS.

Temporary assignments will be made upon application to the wharfinger to a vessel entitled to a berth only after such application has been approved by the city manager. Such application must state the length and draft of the vessel, character and quantity of cargo, and time and kind of berth and wharf required. Berths shall be assigned in the order of application and vessels ready to discharge cargo shall have preference over those ready to receive cargo.

(Prior code § 7622).

14.04.200 REGULAR ASSIGNMENTS.

Upon application to the city manager, regular assignments, when available, will be granted in the discretion of the city manager and in the manner prescribed by law.

(Prior code § 7623).

14.04.210 CONDITIONS OF ASSIGNMENT.

The assignment, either temporary or regular, of a berth privilege, unless otherwise provided, shall include only the right of the person making application therefor to dock vessels owned or operated by such person at such berth, subject to the provision that while such berth is unoccupied the city manager may dock other vessels thereat. Such assignments shall not include either dockage, wharfage, wharf demurrage or storage.

(Prior code § 7624).

14.04.220 ASSIGNMENT NOT TRANSFERABLE.

Assignments of berth privileges and all other assignments of space on wharves or other property under the jurisdiction of the city manager are not transferable except by permission of the city manager. Forfeiture of the assignment or privilege shall be the penalty for the violation of this rule.

(Prior code § 7625).

14.04.230 PUBLIC LANDINGS.

Public landings means the portion or portions of any wharf which may be set apart from time to time by the city manager, and cannot be used for commercial purposes.

(Prior code § 7626).

14.04.240 PERSONAL EFFECTS SUPPLIES, MERCHANDISE, SMALL LOTS.

In order to provide for and to relieve wharves of traffic in personal effects, supplies and merchandise in small lots, upon which it would be difficult and impracticable to collect wharfage, public landings, as may be designated by the city manager are hereby set apart as locations where such commodities not to exceed five thousand board feet may be handled or shipped during any one calendar month by any one person, owner or shipper, and upon which wharfage may, at the option of the city manager, be suspended.

(Prior code § 7628).

14.04.250 PERMIT REQUIRED FOR EXCESS.

No person shall land, handle, ship or receive over any such public landing, supplies or merchandise in excess of those quantities in this chapter specified, without first having obtained a permit so to do from the city manager or other duly authorized person in charge, and/or without first having paid or agreed and arranged to pay the regular charges accruing therefor.

(Prior code 7628.1).

14.04.260 PENALTY FOR UNNECESSARY DELAY.

In case a vessel availing itself of the privilege of free dockage created by a suspension of any of these rules shall refuse or fail to haul away from a public landing after having finished loading or discharging, as the case may be, which loading or discharging, having been begun, must be completed without unwarranted delay, such vessel shall thereupon be subject to dockage charges at quadruple the rates provided in this chapter and in addition thereto, $10.00 for each and every day, or fraction thereof, it may remain at such landing.

(Prior code § 7629).

14.04.270 PENALTY FOR VESSEL REMAINING AT LANDING WHEN NOT LOADING OR DISCHARGING.

No person shall allow any passenger-carrying vessel or pleasure craft to remain at any public landing, except while actually loading or discharging passengers or supplies, without a special permit therefor from the city manager. The fact that such vessel is found fast to or immediately in front of a public landing, and not loading or discharging shall ipso facto subject such vessel to the charges and penalties provided herein.

(Prior code § 7630).

14.04.280 PENALTY FOR OBSTRUCTING APPROACH OR EXIT.

No person shall obstruct the free and easy access to, or departure from any public landing at any time.

(Prior code § 7631).

14.04.285 PENALTY FOR VIOLATING OR INTERFERING.

Any person or vessel violating any of the provisions or interfering with the operation of any of the provisions of this chapter, or who shall refuse or fail to pay any charge or penalty accruing or imposed thereunder, shall thereupon and thereafter, until all such charges and penalties have been paid and satisfied, be denied all the privileges and facilities under the control of the city manager and shall, in addition thereto, be subject to any further penalties provided by law.

(Prior code § 7632).

14.04.290 RENTALS.

Private landings, private davits, or tying-up space may be assigned and rented as follows:

(1)    Persons desiring to rent private landings, private davits, or tying-up space, shall make written application to the city manager therefor, who, if such are available, shall designate and assign same, and refer such assignment to the city council for approval. If the city council approves same, it shall enter into a written lease for same with such person on forms to be furnished by it, and such assigning or renting shall be by written lease only.

(2)    Private davits and tying-up space shall be assigned or leased for such periods of time as the city council shall deem advisable, not exceeding ten years, and such leases shall not be assigned or sublet by the lessee without the written consent of the city council.

(3)    All rents shall be payable in advance on the first day of each and every month, unless otherwise herein specified, and upon the execution of such leases the lessee shall pay the first and last month’s rent in advance.

(4)    Private landings shall be rented for periods of not less than one year, and the rent for the entire year shall be payable in advance.

(Ord. 70-15 § 1, 1970: prior code § 7633).

14.04.291 SPACE RENTALS.

Wharf space may be assigned and rented on such terms and conditions, and in accordance with such regulations, as may be from time to time adopted by the city council.

(Ord. 70-15 § 2, 1970).

14.04.300 WATER – PENALTY FOR ATTACHING HOSE OR TAKING WATER WITHOUT PERMISSION.

No person shall attach a hose to a boat service water outlet or hydrant, or to any other water outlet or hydrant upon any wharf or wharf premises, or use any water hose or meter or take any water therefrom, without permission first having been obtained from the wharfinger or other duly authorized person in charge, and the desired service paid for or agreed to be paid for. Any violation of this section shall, in addition to any other penalty provided by law, subject such person to a penalty of twenty-five dollars for each and every offense, provided, however, that nothing herein contained shall prevent any person from attaching a hose, or otherwise using the water from any outlet for the prevention of fire only.

(Prior code § 7634).

14.04.310 MALICIOUS SETTING ADRIFT.

No person shall willfully or maliciously destroy, injure, slacken, loosen or cast adrift any vessel, boat, barge or other watercraft or any stores, tackle, cargo, fastening or mooring of any thereof.

(Prior code § 7635).

14.04.320 DOLPHINS OR WHARVES IN TURNING.

No person shall break, warp around, turn or swing any vessel, boat or barge or other watercraft by using any dolphin at the outer end of any public wharf or by placing the stem of such vessel against such wharf for the purpose of so turning.

(Prior code § 7636).

14.04.330 FIRES PROHIBITED ON BOATS OR VESSELS.

Fires on board any boat or vessel for any purpose, while such boat or vessel is within five hundred feet of the Municipal Wharf, shall be prohibited except in cooking and heating appliances approved for marine use.

(Ord. 85-75 § 2, 1986: prior code § 7637).

14.04.340 MALICIOUS INJURY.

No person shall willfully or maliciously destroy, damage, disturb, deface or interfere with any buoy, float, life preserver, sign, notice or any other property whatsoever on the Santa Cruz wharf.

(Prior code § 7638).

14.04.350 RESPONSIBILITY FOR DAMAGE TO PUBLIC WORKS.

In the event that any damage is done by any vessel, boat, barge or other watercraft or by any person employed about the same, to the harbor or to any public wharf, pier, quay, jetty, mole, landing place or any of the public works connected therewith, the city may detain such vessel, boat, barge or other watercraft until sufficient security has been given for the amount of damage done; and the owner, master or other person having charge of such vessel shall be responsible for such damages.

(Prior code § 7639).

14.04.360 OBSTRUCTIONS.

No person shall in any manner obstruct the wharf or thoroughfare thereon, or place, leave, or permit anything upon the wharf upon any place other than that rented or assigned to him, without the permission of the city manager. The city manager shall cause a written notice to be served upon any owner or person in possession of obstructing material or may post a notice thereon at his discretion, requiring its removal within twenty-four hours thereafter. On failure to comply therewith the city manager may remove and store same or sell same at public auction, with or without notice, at his discretion. From the proceeds of such sale the city manager shall retain all charges due, expenses of sale, with ten-percent penalty, and in case the wharf or thoroughfare thereon has been obstructed, an additional sum of $25.00 per day for each and every day during which obstruction continued, and pay the same into the city treasury. If there is any surplus from such sale he shall pay same to the proper party.

(Prior code § 7640).

14.04.380 CITY MANAGER TO MAKE RULES.

The city manager shall make such rules for the handling and regulation of traffic and expedition of business upon the wharf from time to time as he shall deem necessary. He shall determine and designate the character of warning, direction and parking signs, and shall cause to be placed such warning, direction and parking signs. Signs for a particular purpose shall be uniform.

(Prior code § 7642).

14.04.390 SIGNALS.

The wharfinger, any person thereunto duly authorized by the city manager and all officers of the police department are hereunto duly authorized to direct all traffic on the wharf by means of audible and visible signals, and no person shall fail or refuse to comply with such orders or signals.

(Prior code § 7642.1).

14.04.400 Repealed by Ords. 85-75 § 1 and 85-76 § 6.

14.04.410 CONSENT TO USE WHARF.

No person shall enter into possession or occupancy of any part of the wharf, privilege, convenience, accessory or service, without the consent of the city manager or the wharfinger, and no person shall remove from such possession or occupancy without paying all charges due the city.

(Prior code § 7644).

14.04.420 COLLECTION OF RENTS AND CHARGES.

No person shall collect wharfage, dockage, rents or other charges for the use of the wharf, other than the wharfinger, or other agent duly designated and authorized by the city. All rents and charges due the city for use of the wharf are due and payable at the office of the wharfinger.

(Prior code § 7645).

14.04.430 GARBAGE.

No person holding private landings, space, tying-up space or davits shall land boats at or use same for boats other than his own. No person shall throw or deposit garbage or rubbish from the wharf into Monterey Bay.

(Prior code § 7646).

14.04.440 FAIRWAY.

A fairway adjacent to the Municipal Wharf is hereby fixed and established as follows:

Beginning at the southern or outer end of the pier and extending to the northern or shore end of the pier on the east side thereof, being the western boundary, the end boundaries being imaginary lines projected easterly two hundred feet at right angles to the ends of the pier on the east side, the easterly boundary being an imaginary line parallel to the easterly side of the pier and two hundred feet distant therefrom.

(Prior code § 7647).

14.04.450 TO BE KEPT CLEAR.

No person shall anchor any boat, raft or watercraft of any kind, or place any buoy in said fairway, or anchor or tie any boat, raft, vessel or other watercraft in such a manner that same shall drift onto said fairway, except those lawfully tied up to the wharf.

(Prior code § 7647.1).

14.04.460 MINIMUM CHARGES AND RENTS PROVIDED.

All charges or rents for any service or space, for the use of any equipment or place, specified by this chapter, are minimum charges, and nothing contained in this chapter shall prevent the city manager or the city council from establishing or imposing greater charges or rents, or contracting for higher charges or rents, or renting or leasing any of the property to persons offering the highest amount of rental therefor, in excess of the rates herein established.

(Prior code § 7648).

14.04.470 REPAIRS ON WHARF – PERMIT.

No person other than the city manager, or one working directly under his authority or under his control upon the Municipal Wharf, shall make any repairs, including welding, upon the Municipal Wharf or upon any property thereon situate without the written permission of the wharfinger first had and obtained.

(Prior code § 7649).

14.04.480 SOLICITING.

No person shall solicit or advertise any business upon the main traveled portions of the Municipal Wharf, or annoy or stop any persons or vehicles upon said main portions of the Municipal Wharf for the purpose of soliciting or advertising.

(Prior code § 7650).

14.04.490 PROTECTION OF WILDLIFE.

The city manager or the city manager’s designee shall be authorized to administratively promulgate permanent or temporary rules and regulations prohibiting or curtailing commercial and recreational activity on or about the Santa Cruz Wharf when, in the estimation of the city manager or city manager’s designee, such rules or regulations are necessary to protect persons or wildlife in the vicinity of the Santa Cruz Wharf. Upon the posting of said rules and regulations at the Santa Cruz Wharf, any violation of said rules and regulations shall constitute an infraction.

(Ord. 2002-06 § 1, 2002).

14.04.500 Repealed by Ord. 85-75 § 1.

14.04.510 Repealed by Ord. 85-75 § 1.

14.04.520 Repealed by Ord. 85-39 § 2.

14.04.530 Repealed by Ord. 85-39 § 2.

14.04.540 CLOSURE OF WHARF – 2:00 A.M. TO 5:00 A.M.

The Santa Cruz Municipal Wharf shall be closed to the public each night from 2:00 a.m. to 5:00 a.m. No person shall go upon the wharf, whether on foot, on bicycle, in a vehicle, or otherwise, between 2:00 a.m. and 5:00 a.m. unless such person is engaged in business on behalf of the city of Santa Cruz, or any wharf tenant, and such business requires his or her presence on the wharf during that period of time.

The fines assessed for violation of this section shall be established by City Council resolution.

(Ord. 2008-11 § 2 (part), 2008: Ord. 88-36 § 1, 1988; Ord. 80-23 § 1, 1980).

14.04.550 FIRES PROHIBITED.

Fires, including liquid or solid fuel appliances, are prohibited outside of buildings on the Municipal Wharf. This section does not apply to smoking tobacco where permitted or to flame devices used for maintenance operations under city supervision.

(Ord. 85-75 § 3, 1986).