Brisbane Municipal Code Ch. 18.06 Berthing

Applications for berthing space pursuant to a Brisbane Marina License Agreement shall be made to the harbormaster on the form furnished by the harbormaster. Applicants shall fully execute the license agreement after the application is approved and prior to mooring their vessel in the Brisbane Marina. Execution of a license agreement to moor a vessel within the Brisbane Marina does not include exclusive right to any particular berthing location. Vessels may be relocated within the Brisbane Marina when such relocation is required to insure public safety or is in the best interests of marina operations as determined by the harbormaster.

(Ord. No. 598, § 1, 9-3-15)

The harbormaster shall deny an applicant an original or renewal license agreement and shall deny prospective transferee or assignee a transfer or assignment of an existing license agreement if there is reasonable evidence demonstrating that the applicant is not able financially or for other reasons to perform the applicant's part of the license agreement.

(Ord. No. 598, § 1, 9-3-15)

Licensees may exchange berths only when mutually agreeable and approved by the harbormaster in writing.

(Ord. No. 598, § 1, 9-3-15)

Requests for changes in berthing by licensees must be in writing. If a berth is available, it may be assigned. If no assignment is made, the licensee will be put on a berth change waiting list.

(Ord. No. 598, § 1, 9-3-15)

A licensee who sells his vessel and purchases a replacement vessel may be reassigned to the next available appropriate berth.

(Ord. No. 598, § 1, 9-3-15)

A licensee who sells the licensee's vessel shall not transfer the berth to the purchaser unless the request is in writing and approved by the harbormaster.

(Ord. No. 598, § 1, 9-3-15)

Subletting by licensees is not permitted and is grounds for action by the harbormaster to immediately terminate the license agreement and cause the forfeiture of any advance payments and/or future rights to a license agreement. The city retains the right to sublease berths that are temporarily vacated for periods of short duration. A licensee shall notify the harbormaster of his/her intent to temporarily vacate the berth for a period in excess of seven (7) days. A portion of all charges received from such subleasing by the city shall be credited to the permanent licensee.

(Ord. No. 598, § 1, 9-3-15)

Unauthorized berth occupancy is prohibited. The harbormaster is authorized to move, secure and/or impound any vessel occupying an unauthorized berth.

(Ord. No. 598, § 1, 9-3-15)

Storage of row boats and dinghies, owned by licensees of berths, when not kept on board the owner's vessel, may be kept in the water at the end of the licensee's berth in such a manner that no part extends beyond the limit of the berth. Row boats and dinghies may not be stored on piers, fingers or other public property except that they may be stored in designated space provided especially for such purpose.

(Ord. No. 598, § 1, 9-3-15)

A. Rates for service, rent and fees shall be established by resolution of the city council of the city and shall be set at rates sufficient so as to preclude the necessity of subsidization of the marina by general fund revenues.

B. All charges are due and payable in advance and shall become delinquent on the first day of the month.

C. Delinquent accounts shall have a late charge added thereto.

D. Fees shall be charged for berth length or length of vessel whichever is greater except as specifically exempted by resolution of the city council.

E. All unpaid charges will result in a lien being levied against the vessel pursuant to the California Boater's Lien Law, or a lawsuit in federal court pursuant to federal maritime lien laws, and/or referral to a collection agency.

(Ord. No. 598, § 1, 9-3-15)

A. Space assignment for which fees are sixty (60) days delinquent may be cancelled and the space relet.

B. No person shall remove or cause to be removed from the Brisbane Marina any vessel upon which fees and charges are in arrears until said charges are paid in full or the vessel is released by the harbormaster.

C. No person shall willfully give false information to the harbormaster or any other person in order to secure the removal of a vessel upon which charges are in arrears. The harbormaster may take any reasonable action necessary to prevent the removal of such a vessel including, but not limited to, locking the ignition or securing the vessel to its berth.

(Ord. No. 598, § 1, 9-3-15)

The harbormaster shall be notified in writing at least thirty (30) days in advance of the lessee's intent to vacate an assigned space.

(Ord. No. 598, § 1, 9-3-15)