Sec. 17-43. Living aboard.
a.It is unlawful for any person to live aboard in the Harbor without having been issued a valid liveaboard permit by the Harbormaster.
b.A maximum of 15 liveaboard vessels will be permitted to occupy berths in Monterey Marina and a maximum of 15 liveaboard vessels will be permitted to occupy moorings in the Harbor. Following the adoption of the ordinance codified in this chapter, no further liveaboard permits shall be issued for the moorings until such time as the number of permittees is reduced below the allowable limit of 15. However, all individuals possessing a valid liveaboard permit at the time of the adoption of the ordinance codified in this chapter may continue to live aboard subject to the rules and regulations herein.
c. Waiting List.A waiting list for liveaboard permits shall be maintained and available for public inspection. Only current licensees are eligible to participate in the liveaboard permit waiting list. Liveaboard permits shall be issued according to application date and availability of liveaboard permits. When a liveaboard permit becomes available it shall be offered to the first person on the waiting list. Notification will be mailed to the most current address on file in the Harbormaster’s Office. It is the sole responsibility of the applicant to keep the address on file with the Harbormaster current. Acceptance must be made within 30 days of the mailing of the notification. If a liveaboard permit is offered and not accepted within 30 days, the applicant’s name will be removed from the list. Fees paid to be included on the liveaboard waiting list are nonrefundable.
d.A liveaboard permit may be issued only if all of the following standards are met:
1.Applications, on a form to be provided by the Harbormaster, for a liveaboard permit must be submitted to the Harbormaster. Failure to make said application in advance of living on the vessel shall be grounds for denial.
2.At least one applicant must have a berth or mooring license agreement. The application must list all other occupants who will be living aboard. The vessel shall be equipped with an operable Marine VHF radio and he/she shall maintain such radio in good working order during the term of his/her residence. An operable cellular phone may substitute for a marine radio. Either the radio or the telephone should be on when the vessel is occupied.
3.Each vessel shall be equipped with a permanently installed Coast Guard-approved head and a waste holding tank with a capacity of no less than 10 gallons. The City shall have the right, upon reasonable notice, to inspect the interior of any such vessel to verify compliance with this condition. Portable toilets are not considered installed devices. Waste may only be disposed of in Harbor via the City-owned pump facility. The City shall have the right to require that liveaboard vessels demonstrate the regular use of the Harbor sewage pump, and/or place dye tablets inside the vessel’s holding tank.
4.For liveaboard applicants after the effective date of the ordinance codified in this chapter, the vessel must have standing headroom and at least 29 feet in length. Vessel length for purposes of this section shall be the length listed on the vessel’s registration or federal document.
5.For liveaboard applicants after the effective date of the ordinance codified in this chapter, the vessel must be self-powered. No barges or houseboats will be permitted. Any vessel used exclusively as a residence shall be considered to be a houseboat, regardless of its design. Liveaboard vessels must be designed for usage and able to be used on the open waters of the Monterey Bay in its typical range of sea conditions.
6.Living aboard shall be considered incidental to regular use of the open waters. The liveaboard applicant must be able to personally demonstrate the ability to operate the vessel before a liveaboard permit will be issued and at the request of the Harbormaster thereafter.
e. Regulations for Living Aboard.
1.The total number of occupants of the vessel must not exceed the number of beds provided by the original manufacturer, and in no event may there be more than five occupants of a liveaboard vessel.
2.In no case may a person solely occupy as a liveaboard a vessel registered to another. Other individuals may reside aboard a vessel, with a valid liveaboard permit, but only as long as the berth or mooring licensee also resides aboard.
3.A liveaboard permittee shall pay a monthly liveaboard fee set by resolution of the City Council. This fee shall be in addition to the monthly berthing or mooring fee.
4.A liveaboard permit may not be transferred to another person, but may be transferred by the liveaboard permittee to a new vessel of the original liveaboard permittee with prior written approval of the Harbormaster.
5.The liveaboard permittee shall notify the Harbormaster of liveaboard guests if their anticipated stay is seven days or longer. The liveaboard permittee is responsible for the actions and conduct of his/her guests. Any violation of these rules and regulations by a guest shall be considered a violation by the liveaboard.
6.The Harbormaster shall have the authority to inspect liveaboard vessels for compliance with this section. Inspections shall occur only with a minimum of seven days advance written notice to the liveaboard.
7.If any legal action is required to remove or evict a liveaboard, the permittee shall be liable for reasonable attorney fees, costs and expenses incurred by the City.
8.Liveaboard permits are not transferable upon the sale of a vessel. The new owner must apply for a liveaboard permit and may not live aboard until such approval is granted. Possession of a liveaboard permit for the Marina or a Mooring does not entitle the liveaboard to transfer from one area to another, unless liveaboard permits are available in the other area.
9.No more than two monthly waterfront or Wharf No. 2 parking permits for vehicles of any type will be issued for liveaboard permittees, except as authorized by the Harbormaster on a short-term basis. Liveaboards may apply to the City’s Parking Division to park additional vehicles in other City lots or structures.
f. Termination.A liveaboard permittee may terminate his or her permit upon 30 days prior written notice of termination to the Harbormaster. The Harbormaster may terminate a liveaboard permit upon 30 days prior written notice for any of the following reasons:
1.Discharge of sewage or other waste into the Monterey Bay.
2.Failure to maintain a seaworthy, operable vessel and/or an operable marine VHF radio or cellular telephone. If within 14 days following notice of termination for failure to maintain a seaworthy, operable vessel and/or an operable marine radio or cellular telephone, the permittee provides proof of correction of the violation to the satisfaction of the Harbormaster, the Harbormaster shall rescind the notice of termination. This correction period may only be utilized once in a 12-month period.
3.Failure of the permittee and his or her guests to comply with all applicable local, state, and federal laws and all Harbor rules and regulations.
4.Failure to reside on the vessel for 14 continuous days out of any three-month period.
5.Engaging in behavior that endangers the permittee, permittee’s guests, or other users of the Harbor.
6.Failure to pay the monthly liveaboard permit fee for a period in excess of 30 days after written notice.
g.Vessels covered by a liveaboard permit may not be rented, all or in part, as overnight accommodations or lodgings.
h.A liveaboard permittee whose liveaboard permit is terminated by the Harbormaster may not apply for another liveaboard permit until six months after the date upon which the liveaboard permit is terminated.
i.The Harbormaster shall have the sole discretion to decide whether to issue another liveaboard permit or not. The Harbormaster’s decision shall be final and not subject to appeal. (Ord. 3548 § 2, 2016)