a.Vessels berthed, moored or anchored in the Harbor must be operable, maintained in a seaworthy condition, and be of a design suitable for operation on the open waters of Monterey Bay in the typical range of sea conditions. Dinghies side-tied by special permit shall not be required to be seaworthy or operable, as defined in this Chapter, if they are used to access moored vessels within the breakwater.

b.If the Harbormaster has cause to question the operability of a vessel, he may request a demonstration of the vessel’s operability. Thirty days written notice shall be given to the vessel’s owner for such a request. In cases where a vessel is found to be inoperable, the owner shall have 90 days to effect repairs. If after 90 days the boat is still inoperable, the berth, mooring, or anchorage will be forfeited to the City of Monterey. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his request to test operability as needed.

c.If a dispute over the seaworthiness of a vessel arises, the opinion of a qualified independent marine surveyor, of the City’s choosing but at the owner’s expense, may be obtained. When the determination is made that a vessel is unseaworthy, 120 days shall be granted to repair the vessel. If after this period of time the vessel is not seaworthy, the berth, mooring, or anchorage of said vessel shall be forfeited to the City of Monterey.

d.Barges, if maintained and regularly used in support of naval or cruise industry visits or other commercial uses authorized by the City, and live-bait tanks and mariculture pens which are actively engaged in business, shall be exempted from this section governing inoperable vessels. It is not the intention of this exemption to allow for long-term storage of unused marine hardware. (Ord. 3548 § 2, 2016)