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Mooring licensees must occupy their moorings with a vessel they own for a minimum of six months out of any 12-month period, except as described below.

No mooring licensee may sublease, sub-rent, or sub-license the mooring to another person or entity except through the Harbormaster’s Office and according to the 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. Sub-License Permits.Sub-license permits may be granted for a maximum of six months in any 12-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 12-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.

c. Sub-License Time Extensions.If the Harbormaster approves additional time beyond the six-month limit, the Harbormaster shall have the right to provide the sub-license 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.

d. 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-licensee.

e. 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.

f. Mooring Pendant.The responsibility to maintain a safe and secure mooring pendant shall be the vessel owner’s. (Ord. 3548 § 2, 2016)