Sec. 17-33. General regulations regarding berthing and mooring in the Harbor.
a.Every vessel entering the Harbor shall immediately become subject to the authority and direction of the Harbormaster. The Harbormaster shall direct where each vessel shall be berthed, moored, or anchored.
b.The Harbormaster shall have the right to refuse entry into the Harbor of any vessel which, in his or her opinion, is derelict, unseaworthy, unsafe to its operator or other members of the public, of inappropriate size, that does not have current vessel registration or federal documentation, or is known to owe berthing fees to another California harbor or marina.
c. Documentation and Registration.
1.Every vessel entering the Harbor 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 registration or documentation requested.
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, mooring, or anchoring privileges. It is the obligation of the licensee to make any changes to the registration or documentation that reflect changes in title or ownership, or other legal interests in the vessel.
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 ensure public safety or when it is in the best interests of Harbor operations due to boat damage, dock repair, for nonpayment of fees, to minimize use or space conflicts, to maximize vessel length or beam ratio, or for the best allocation of Harbor space. The Harbormaster shall notify the vessel owner that the vessel must be relocated and if the vessel owner fails to comply in a timely manner, may move the vessel and charge the vessel owner for such services. The City shall not be liable for any damage or claim made as a result of such relocation.
e. Current Addresses, Etc.All licensees and permittees 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, mooring, or anchorage in the Harbor.
f. Confirmation of Ownership.If it appears that an ownership interest in a vessel has changed and/or said vessel’s berth, mooring, or anchoring license has been assigned 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/or 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 Chapter 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 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 license, Harbormaster may require licensee to establish the licensee’s continued personal use of the vessel for travel outside the Harbor a minimum of 10 times out of any 12-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 subsection, the license shall be subject to revocation.
g. Only One Mooring or Berth License Per Person.A berth or mooring licensee may possess only one mooring or berth license agreement, except:
1.Multiple mooring or marina berth license agreements may be held by persons if said licenses were issued prior to June 1, 1998.
2.Commercial fishers may possess multiple mooring and/or licenses to be used exclusively for commercial fishing operations.
3.Concessionaires of the City may possess multiple berth and/or mooring licenses within the terms of their lease with the City.
4.The operators of sailing schools who verify instruction of at least 250 different individuals per year, have a City business license, and meet all applicable Coast Guard regulations may possess a maximum of two berth and/or mooring licenses, unless expressly allowed to possess more by the City Council.
5.The operators of dive charter businesses possessing a Yellow Boat Concession permit who demonstrate loading a minimum of 1,000 passengers a year may possess up to two berth and/or mooring licenses, when used exclusively for the dive charter business.
6.The operators of nonprofit, public serving organizations who demonstrate the need for an additional berth and/or mooring license to conduct their mission may possess up to two berth and/or mooring licenses under sole discretion of City Manager upon recommendation of the Harbormaster.
h. Licensee Leave Option.For berths or moorings released to the City for reassignment to the waiting list, the licensee at the time of the release may obtain an option for a similar berth or mooring, granted ahead of the regular waiting list. The option may be exercised through a written request to the Harbormaster at any time after one year has passed from date of the release. The next available berth or mooring will then be assigned. To obtain a leave option, a fee of one-half month’s berthing or mooring for the size of the space released, per year, shall be paid. Failure to pay this fee will result in the loss of the ability to obtain a license apart from the standard waiting list procedure. Once a berth leave option has been utilized, the returning vessel may not transfer the license to a new owner upon the sale of the vessel, unless the vessel has occupied the berth or mooring for at least 30 months.
i. Retention; Trades.A licensee may, upon prior written approval of the Harbormaster, retain berth or mooring license rights and be subject to the regular monthly fees for use by another vessel owned by licensee, provided the vessel size conforms with the size of the berth or mooring and adequate proof of ownership is submitted to the Harbormaster. Two licensees may also trade berths or moorings of the same or differing sizes without invoking the assignment rate increase, unless one or both of them are already paying the assignment rate, in which case that rate will still apply to the licensee(s) paying the assignment rate. If a licensee wishes 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 berth, if of a differing size, as if it was offered through the waiting list.
j.A license agreement may be canceled by the licensee upon 30 days prior written notice and the licensee shall be entitled to a refund of any prepaid fees.
k.The City may revoke a license upon three days prior written notice where (1) the boat owner is in default of any berth fees or other charges due and owing, or (2) is in violation of any provision of this Chapter 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 revoked, the licensee shall be entitled to a refund of any prepaid fees.
l.Vessel owners without a liveaboard permit are authorized to reside aboard their vessels for a period not to exceed 48 hours in a seven-day period, or up to 72 continuous hours if the weekend is part of a federally recognized legal holiday. Licensees may reside aboard for up to 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 120 days, and shall be provided only for good cause. For such a special extended permit, liveaboard fees will apply. (Ord. 3548 § 2, 2016)