Article VIII — MARINA SLIP PERMITS AND FEES

A.

No person shall berth any vessel at any slip within the Marina Basins, the Shoreline Marina, the Rainbow Marina or the Rainbow Harbor without first obtaining a permit from the Director. Such permit, except for a permit for a visiting vessel, shall include a declaration from the owner that the Marina Basins or other marina is the situs for his or her vessel for purposes of levying by the City. Every person who has been issued a permit pursuant to this Section shall pay to the City such fees and deposits as are prescribed in regulations enacted pursuant to Section 16.08.970.

B.

Any deposit made or required shall not be refunded in the event the permit for occupancy is granted. It shall, however, be refunded, less an administrative processing fee, in the event an application is withdrawn prior to the issuance of such permit. Subject to the prior approval of the City Council, a permit may be granted to the United States of America, the State, the County, the City, or to any public agency thereof, to berth a vessel within the marinas without the payment of a fee therefor.

(ORD-08-0014 § 16, 2008: Ord. C-5956 § 20, 1983: Ord. C-5625 § 4 (part), 1980: prior code § 7227)

Editor's note— ORD-16-0017 § 2, adopted Aug. 2, 2016, repealed § 16.08.910 entitled "Waiting list administration fee", which derived from: prior code § 7227.1; and Ord. C-5625 § 4 (part), 1980.

No permit for a slip within the marinas shall be granted for a vessel which is used for commercial purposes except for a vessel operating under a contract or permit authorized by the City Council.

(Ord. C-5625 § 4 (part), 1980: prior code § 7227.2)

Owners, operators or persons in charge of visiting vessels shall obtain a permit from the Director for use of slips and related facilities at the marinas and pay rental fees and charges as prescribed in regulations enacted pursuant to Section 16.08.970. The Director may, but is not required to, exempt visiting vessels from such fees and charges under any of the following conditions:

A.

Upon written request from the organizer of a boating event in order to permit participation of the visiting vessel in the boating event; such exemption will be limited to a period not exceeding forty-eight (48) hours unless the Director determines that the event is one of special significance to the City; or

B.

When seeking emergency shelter due to adverse weather conditions, mechanical or structural failures, or any other emergency condition requiring temporary berthing. The temporary berthing, as a result of the

condition under which the vessel sought shelter, may be continued at the lineal foot rate specified in Section 16.08.900, prorated daily, and the length of the temporary emergency stay to be determined by the Director.

(Ord. C-5625 § 4 (part), 1980: prior code § 7227.3)

No person shall store any small boat in excess of ten feet (10') in length in the small boat storage rack facilities owned or operated by the City without a permit from the Director. A permittee shall pay to the City, monthly in advance, a fee in the amount prescribed in regulations enacted pursuant to Section 16.08.970. The application for such permit shall be accompanied by a sum of money equal to the first month's rental. Any permit issued pursuant to this Section may be canceled by the Director for nonpayment of the fee upon five (5) days' written notice to the permittee.

(Ord. C-5956 § 21, 1983: Ord. C-5625 § 4 (part), 1980: prior code § 7227.4)

Unless otherwise directed by the Director or provided for in this Chapter, no person holding a permit issued pursuant to Section 16.08.900 shall allow any vessel to be moored within an assigned slip space other than the vessel specified in the permit. The Director, upon presentation of a Bureau application form executed by both the person holding the permit issued pursuant to Section 16.08.900 and the person having ownership or control of an alternate vessel, may allow temporary use of an assigned slip by an alternate vessel. The temporary use shall be subject to such time limitations and such terms and conditions as the Director may prescribe. An administration fee in an amount prescribed in regulations enacted pursuant to Section 16.08.970 shall be paid at the time the application is presented.

(Ord. C-5625 § 4 (part), 1980: prior code § 7227.5)

When, by reason of damage or necessary repairs to a slip, the slip is unusable, the Director may temporarily reassign the mooring of any vessel from the unusable slip to another slip during the time required for repair or reconstruction of the slip. In the event of the temporary reassignment, the fees payable by the permittee may be the same as those applicable at the slip originally assigned regardless of the length of the slip to which the temporary reassignment is made.

(Ord. C-5625 § 4 (part), 1980: prior code § 7227.6)