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a. Minimum and Maximum Vessel Sizes.Vessels which are granted berth licenses must be no shorter than six feet of the berth 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, swim steps, 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, that in the judgment 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 berth 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 berth 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, significantly reduce the navigable waterway, or otherwise create a safety concern.

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.

b. Use of Berth by Multiple Vessels.Use of the licensee’s berth by any person other than the licensee for a skiff, dinghy, canoe, day sailer or a vessel of any other type shall only be permitted if approved by both the berth 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 with sailing programs shall be exempted from this subsection. If the berth licensee wishes to place an additional vessel of any type into the berth without paying additional fees, the vessel must be solely owned and used by the licensee and the vessels must be able to fit into the allocated berthing space.

c. 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.

d. Subletting.Subletting by berth licensees is not permitted. The City retains the right to sub-license berths that are temporarily vacated. A licensee shall notify the Harbormaster of his/her intent to temporarily vacate the berth.

e. Utilization.Berths must be utilized by the licensee for at least six months out of every 12-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 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.

f. Stray Electrical Current.No vessel shall transmit stray current. Compliance with this requirement will be satisfied when it is shown that when testing the vessel shore power, there is no AC ground fault from the hot and neutral wires or galvanic or DC current on the ground wire. The vessel ground must be isolated from Marina shore power by the use of an ABYC approved isolation transformer or galvanic isolator. The ground wire shall not be disconnected from the vessel’s bonding conductor in an attempt to isolate the shore power ground from the vessel’s bonding system.

If a vessel is found to be producing stray current, notice shall be given to the owner, who shall have 10 days to correct the problem. The preceding sentence notwithstanding, 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 a vessel is disconnected from shore power, 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 10 days, the Harbormaster will have the right to disconnect the vessel from shore power and deny further use of shore power until corrective action is taken. Continued reconnection to shore power, if the vessel’s fault has not been corrected, may result in the cancellation of the berth license agreement.

Shore power cords shall be compliant with current ABYC and National Electric Code standards and must be in operable condition. Cords that are found to be a significant hazard to personal safety will be unplugged immediately.

g.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. (Ord. 3548 § 2, 2016)