§ 100.18 BERTHING REGULATIONS.

(A) Berth assignment. Berth assignments shall be made from a chronological waiting list. A vacant berth assignment will be offered first to that person highest on the list for that size berth assignment and then, if refused, in sequence to those next on the list. Acceptance of a berth assignment must be indicated within five days of notification by payment of rent and deposits, and execution of a berthing assignment permit and indemnity agreement, and a statement of ownership and registration. A permittee must occupy this berth assignment with the boat owned and currently registered or documented to him within ten days from the

date of assignment. A “leave of absence” may be granted for periods exceeding seven months which will relieve the boater from rent obligations and entitle the permittee to the first available berthing assignment at the end of such “leave of absence.” Leaves of absence are not intended to facilitate substantial regular berthing at other harbors. No permittee may transfer his berthing assignment. Should he not desire to retain the berth assignment for his own use, it shall be available for reassignment. No permittee shall sublet or subrent his berth assignment to another person. The Harbor Master shall have the authority to move or relocate in the harbor any boat berthed therein. Such changes may be required for the safety and protection of personal property or as indicated, in order to obtain optimum utilization of facilities available. The Harbor Master may, when deemed necessary, permit vessels to use unoccupied moorings or berths for temporary assignment of guest or transient vessels. No benefit shall accrue to the permittee on account of fees collected for temporary assignments.

('63 Code, § 11-1.401)

(B) Safe mooring. All vessels will be required to furnish fenders or fender material as approved by the Harbor Master. The use of tires or similar materials for fenders is expressly prohibited.

('63 Code, § 11-1.402)

(C) Making fast to moored vessels. No person shall make fast to or tie any vessel to a vessel already occupying a mooring or berth without the approval of the master of that vessel and a berthing assignment permit from the Harbor Master. ('63 Code, § 11-1.403)

(D) Obstruction of wharves, floats and piers.

(1) City owned piers, floats, gangways and docks shall be kept clear at all times of any miscellaneous gear, debris, material, or other hazardous obstructions except as permitted by tidelands lease.

(2) Any condition aboard or around any boat, float or gangplank caused by the berth holder which in the opinion of the Harbor Master constitutes a fire hazard, health menace, danger to the public safety, or aesthetic distraction shall be corrected or removed immediately to the satisfaction of the Harbor Master. In addition to other remedies, in the event of the refusal or the neglect of the owner or the permittee to remedy forthwith the aforementioned conditions when reported to him, the Harbor Master shall remove the cause of the complaint at the sole expense of the owner and cancel the berth assignment of such owner or permittee.

rrected or removed immediately to the satisfaction of the Harbor Master. In addition to other remedies, in the event of the refusal or the neglect of the owner or the permittee to remedy forthwith the aforementioned conditions when reported to him, the Harbor Master shall remove the cause of the complaint at the sole expense of the owner and cancel the berth assignment of such owner or permittee.

(3) No person shall build or place in, on or about the Harbor any structures such as steps, walkways, gangplanks, finger floats, rubbing piles, dock boxes, or the like, without prior written approval of the Harbor Master. Dock wheels or telephone cleats that are permanently added to harbor docks shall become the property of the city.

('63 Code, § 11-1.404)

(E) Maintenance of boat in berth.

(1) Boat maintenance work in berths shall be limited to that ordinarily required to keep a vessel seaworthy and in good condition. Berth renters shall not conduct any major reconstruction work that would tend to make a boat unseaworthy or unsightly. No such work shall be undertaken except as may be provided in a site authorized for such work. Berth renters performing maintenance shall not obstruct piers and access with tools and equipment. If berth renter uses portions of piers and floats for rigging and maintenance work, such space must be left in a neat, clean and orderly condition.

(2) No spray painting or disc sanding will be permitted in the harbor except leased tidelands without the written approval of the Harbor Master.

(3) Whenever it is necessary to perform work on board a vessel involving use of welding or burning equipment, the Harbor Master shall be advised of the nature and extent of the work, the workmen or company doing the job, and the date and time the work will be done. The workmen or company doing the welding or burning must furnish a current gas free certificate. This notification shall be given prior to starting the work and wherever practical at least one day before the work is to be performed. ('63 Code, § 11-1.405)

(F) Use of water and electricity. Reasonable use of municipal water and electricity is included in the harbor service charge as adopted by resolution of the City Council. Any excessive use of water or electricity may be subject to individual metering and direct charge to the permittee.

('63 Code, § 11-1.406)

(G) Registration or documentation. All vessels required to be either U.S. documented or registered by the state must remain currently documented or registered to retain a berth assignment. ('63 Code, § 11-1.407)

(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99