a.“Berth” means 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.

b.“Block” means a device of any construction that is used to secure mooring gear, and a vessel, to the bottom of the harbor.

c.“Boat trailer” means any wheeled device pulled by a motor vehicle and designed and licensed for transportation of boats.

d.“Chain scope” means the length of chain, wire rope, or line, which is used between the block and the surface of the water, as calculated at mean lower low water.

e.“Commercial activity” means 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.

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

g.“East Anchorage Area” means 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.

h.“East Mooring Area” means that area within the East Anchorage Area generally beginning 150 feet east of Wharf No. 2 and extending east 1,000 feet which is further identified by the presence of marked, City-owned mooring floats.

i.“Fishing” means any taking, or attempting 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, spear, net or trap.

j.“Gray water” means shower or sink water that does not have any sewage waste or polluted bilge water within it.

k.“Harbor” means the area of the Monterey Bay including the Monterey Marina, Wharf Nos. 1 and 2, the East Anchorage Area and East Moorings Area.

l.“Immediate family member” means a spouse, former spouse, grandparent, grandchild, parent, child, adopted child, brother, or sister, all of these including in-law and step relationships.

m.“Landfill” or “landfill area” means that parcel of land located south of the breakwater and easterly of the natural shoreline of Monterey Bay, consisting of three acres, more or less, and includes the launch ramp facility, vehicle parking, and dock.

n.“Licensee” means the person or persons who have signed a berth license agreement under the authority of the Harbormaster in conformance with these rules and regulations.

o.“Liveaboard” means a person who sleeps on the vessel three or more nights out of any seven, or if that person declares the vessel to be his/her place of domicile, or if that person attempts to have mail delivered to the Monterey Harbor office on a regular basis.

p. 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.

q.“Mooring” means 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.

r.“Mooring gear” means devices used to secure the block to the vessel, usually consisting of chain, wire rope, line, a floating buoy, swivels, clamps, shackles, and chafe gear.

s.“Mooring pendant” means the line, cable or chain that connects the mooring buoy with the vessel.

t.“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.

u.“Outer Harbor” means 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 Marina and areas leased to concessionaires of the City.

v.“Seaworthy” means that the vessel’s hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot, and capable of operating as designed.

w.“Sewage” means human body waste, either treated or untreated.

x.“Standing headroom” means a minimum clearance of five feet 10 inches above the floor in the vessel’s main cabin.

y.“Sublicense” means the interim use of a licensee’s berth or mooring by anyone other than the licensee or transient berther as assigned by the Harbormaster’s office.

z.“Swing” means the maximum radius of a circle that a vessel may occupy from the mooring block to the stern of the vessel, calculated at mean lower low water plus two feet.

aa.“Transient use” means the interim use of berthing or mooring facilities, assigned by the Harbormaster, by boaters who do not hold a license with the City. Transient boaters may be issued a permit for their temporary use of City owned berthing facilities; however, such a permit does not confer the rights associated with a berth license.

bb.“Transient vessel” means a vessel engaged in a transient use of the berthing or mooring facilities.

cc.“Ton” means 2,000 pounds. (Ord. 3548 § 2, 2016)