Monterey Municipal Code Art. 3 Harbor Regulations

The following regulations apply in the Harbor:

a.It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy placed or erected by authorization of the Harbormaster.

b.It shall be unlawful for any person to willfully injure, break, remove or tamper with any part of any vessel in the Harbor, any part of the mooring gear, any waterway or facility thereof, or to climb into or upon any vessel without the consent of the owner unless in the performance of official duties or to protect life or property.

c.For boat and equipment washing, all hoses shall be fitted with operable automatic shut-off nozzles. In no event shall fresh water be allowed to run in an unattended or wasteful manner.

d.It shall be unlawful to unnecessarily sound horns, bells, loudspeaker systems, or other signals, which will disturb other users of the Harbor.

e.If any sign, notice, signal, control device or buoy placed or erected by authorization of the Harbormaster is damaged by a vessel, either moored or while underway, the owner of the vessel shall be responsible for the cost of repairs or replacement.

f.No person shall carry, store or transfer either gasoline or diesel onto the Marina docks, except for less than three gallons of fuel required of small outboard engines or sealed outboard motor portable tanks. All other fueling shall be done at the fuel pier.

g.No person shall fish or attempt to take any fish or other marine life by rod and reel, spear, net trap or any method whatever within the Monterey Harbor, except for as provided in a concession lease with the City, or for scientific purposes, as approved in advance by the Harbormaster.

h.No person shall swim, dive, water ski, or skin or scuba dive within the Monterey Harbor except by special permit issued by the Harbormaster for the purpose of scientific research; inspection, maintenance, or making of emergency repairs on any vessel or mooring gear; commercial activity associated with a concession license; or ocean cleanup activities.

i.Use of motorcycles, bicycles, skateboards, roller skates, roller blades, or similar devices on any docking facility within the Monterey Marina is prohibited. Bicycles may be walked or carried to a berthing area and temporarily stored on or near a vessel, provided it is not an obstruction or safety hazard to others using the area.

j.All stray vessels, skiffs, rowboats, sunken or dilapidated vessels, or other structures, timbers, or floats found within the Harbor, not in the lawful possession or control of some person, shall be immediately delivered to the possession of the Harbormaster. The possession and custody of such properties shall remain in possession of the Harbormaster until claimed by the property owners or until such property is disposed of according to law. If the owner claims such property prior to disposition thereof, he shall pay all reasonable expenses incurred in connection therewith, including charges for raising, keeping and storing the same.

k.Any vessel of any nature moored, secured or in any manner placed within the confines of the Harbor, whether ashore or in the water for an excess of seven days without first obtaining a license, permit, or required permission therefor, shall be considered to have been abandoned.

l.Any vessel of any nature abandoned, as defined in this Chapter, within the confines of the Harbor, whether registered with the California Department of Motor Vehicles, documented, or not marked or registered in any apparent manner, shall be placed in storage or protective custody by the Harbormaster at a daily storage rate to be set by resolution by the Monterey City Council and shall thereafter be subject to sale under the provisions of either Sections 500 through 505 or Sections 522, 550, and 551 of the Harbors and Navigation Code of the State of California as is appropriate for the circumstances. (Ord. 3548 § 2, 2016)

a.No person shall throw, discharge, deposit or leave any material, liquid or solid, be it refuse, garbage, debris, bait, sewage, contaminated bilge water, inflammable liquids or any other matter of any description upon or into the waters of the Harbor, unless as authorized and approved by law.

b.In the event of any waste discharge referenced above or in the event of an oil spill or other petroleum products entering the waters of the Harbor, the Harbormaster and the U.S. Coast Guard shall be immediately notified. The Harbormaster is authorized to contract for the cleanup of such spills or discharges and/or for repairs necessary to stop the discharge, the cost of which is to be paid by the responsible person or vessel owner.

c.Disposal of used lubrication oils shall be made only in designated areas. Toxic waste of this or other types is not to be discharged overboard, placed in trash containers, or left on the docks or wharves.

d.No person shall clean any fish or other products of the sea within the Monterey Marina.

e.All garbage must be deposited in receptacles furnished by the City for that purpose, or removed from the Marina area. Receptacles/trash bins provided by the City shall be used only for refuse generated at the Marina. No garbage, trash, tree trimmings, grass clippings, discarded furniture, appliances, junk, etc., from outside the Marina area shall be placed in trash receptacles, including the parking lot and wharf dumpsters.

f.Only battery chargers rated for marine use may be used within the Harbor, unless the battery is completely isolated from connecting to any ground or electrical system. (Ord. 3548 § 2, 2016)

a.No owner, operator or person in command of any vessel shall operate or allow such vessel to be operated within the Harbor at a speed in excess of five miles per hour in the marked navigation channels, or three miles per hour elsewhere, or in any reckless or negligent manner. Vessel operators and owners acknowledge that they are responsible for any damage or injury produced by their creation of an excessive wake within the Monterey Marina. All vessel operators must comply with California boating law, and must operate their vessels in the best prudent judgment of sailors.

b.No person shall tie up, moor, operate a vessel, or store skiffs or other gear in the Harbor in such a manner as will prevent or obstruct the passage of other vessels, or intentionally or negligently sink any vessel in any channel, or float loose timbers, logs or piles in any channel in such a manner as to obstruct, impede, or create a menace to navigation. (Ord. 3548 § 2, 2016)

a.Vessels berthed, moored or anchored in the Harbor and Outer Harbor must be operable, maintained in a seaworthy condition, and 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. 3682 § 4, 2024; Ord. 3548 § 2, 2016)

Except for vessels operating under the terms of a concession or other special permit issued by the City, in a location designated by City Council resolution, no person shall load or allow the loading of passengers for hire on any vessel, commercial or otherwise, within the Harbor. At such time as any vessel is found to be engaged in such activities, the Harbormaster shall notify the person(s) that such activity must cease immediately. Failure to cease the unauthorized loading of passengers for hire shall result in the revocation of the vessel’s license agreement or other permit. (Ord. 3548 § 2, 2016)

No person shall perform any work on, or provide any service to, any licensee or vessel within the Harbor for which such person receives a fee, compensation or any other thing of value, unless such person has first obtained a business license issued by the City of Monterey, has received permission to enter the facility by the Harbormaster, and agrees to perform such service or work in conformity with the regulations imposed by the Harbormaster and accepted environmental best management practices. (Ord. 3548 § 2, 2016)

In addition to all other applicable laws and regulations pertaining to animals, pet owners shall be responsible for all actions of their pets in the Harbor area. The presence of pets within the Harbor is a privilege, not a right. As such, it is revocable by the Harbormaster if pets are permitted to roam, threaten the public, defecate, or disturb the peace. (Ord. 3548 § 2, 2016)

a.No person shall store, or cause to be stored, any supplies, materials, accessories, motors, debris, refuse or garbage on any approach ramp, headwalk or finger float in the Harbor, except in containers approved or provided by the Harbormaster, or as is consistent with this Chapter.

b.No person shall leave or store on any walkway, finger float or gangway any dinghy, skiff, row boat, dory, canoe or other craft. When not kept on board the owner’s vessel, the berth licensee’s dinghies, etc., may be kept in the water at the end of the berth in such a manner that no part extends beyond the limit of the berth. If a dinghy or tender is tied in such a manner inconsistent with maximum lengths as set forth in this Chapter, the licensee will be charged for that space. In no event shall a vessel impinge on the navigability of the fairway or channel and all such craft shall be no longer than 12 feet. Designated space is provided for use by row boats, skiffs, dinghies, etc.; a fee for such space as established by resolution of the City Council shall be charged. Bicycle lockers in the Marina shall be used as such and not primarily for the storage of other materials. (Ord. 3548 § 2, 2016)

In addition to any reporting requirements of state or federal governments, any person involved in any activity which causes damage to any other person, boat, property, or Harbor facilities shall make a report of such incident within 12 hours to the Harbormaster. All information shall be provided that is deemed necessary by the Harbormaster. (Ord. 3548 § 2, 2016)

a.Vessel maintenance work within the Harbor shall be limited to that ordinarily required to keep the vessel seaworthy and in good condition. Minor repairs to and routine maintenance of a vessel may be made or accomplished in the assigned berthing or mooring space, provided all work is done within the confines of the vessel and not carried on in any manner whatsoever upon the floats or tiers, into the water, or onto neighboring vessels.

b.Spray painting is strictly prohibited, except for airbrush painting required for boat numbering or names.

c.Major repairs which include, but are not limited to, construction, repair, or replacement of structural members or portions of the vessel are prohibited, except by advance request and written authorization from the Harbormaster. The criteria used for granting such a request shall be largely based on the ability of all materials used by or produced from the project to be completely contained in or on the vessel, and that a nuisance to neighboring vessels will not occur.

d.Use of welding equipment, burning torch or other open flame apparatus requires prior written permission from the Harbormaster.

e.In no event shall maintenance work performed to a vessel result in damage to Harbor facilities, including paint marks, drill holes, burn marks, and spilled fuel, oil, paint, or solvents. The licensee or permittee shall be financially liable for the repair or restoration of any such damage, even if it is caused by relatives, employees, or contract workers of the owner. (Ord. 3548 § 2, 2016)

a.No part of any vessel shall extend more than one foot beyond the main walkway including but not limited to vessels with davits, booms, boomkins or bowsprit.

b.Walkways and fingers may not be obstructed in any manner. Any steps used for access to a vessel must not intrude into more than one-half the width of the finger to which the vessel is berthed.

c.No person shall willfully injure or tamper with, break or remove any part of any vessel without the consent of the owner. No person shall tamper with the lines securing any such vessel or climb into or upon any vessel without the consent of the owner. (Ord. 3548 § 2, 2016)

a.No person shall remove or cause to be removed from the Harbor any vessel upon which fees and charges are in arrears until charges are paid in full or the vessel is released by the Harbormaster.

b.Any vessel which has any fees or charges that remain unpaid for a period in excess of 90 days may be impounded by the Harbormaster. To impound any vessel, the Harbormaster may relocate or secure to prevent the vessel from leaving that location until such time as all fees or charges are paid in full, including the impound fees, past due charges, penalties, interest, legal fees and charges accruing for berthing, storage or maintenance of the vessel during impoundment at the direction of the Harbormaster. The Harbormaster may authorize the vessel to be removed from the water, stored, and/or moved to more appropriate facilities for security of the vessel or convenience during such impoundment period. After being impounded for 60 days the vessel may be destroyed or sold at public auction in accordance with the provisions of Article 4 of Chapter 2, Division 3 of the Harbors and Navigation Code. For federally documented vessels, Federal Maritime Law shall apply. Should the vessel have no evidence of state or federal registration, and in the circumstance that the City does not guarantee title to the vessel upon sale, the City may utilize City Code sections for the disposal of abandoned property.

c.All fees and charges incurred on behalf of the vessel shall continue to be associated with the vessel and/or the vessel's owner and/or operator at the time charges were incurred until paid in full regardless of changes of ownership or operator of the vessel.

d.Any individual who, or vessel which, has incurred fees or charges to the City which shall remain unpaid for a period in excess of 90 days may be denied future use of any City Harbor facilities.

e.While the vessel is impounded, the vessel owner may not board or use the vessel in any way, except as specially authorized by the Harbormaster. (Ord. 3548 § 2, 2016)

The owner of a vessel must assume all liability for loss or damage to property of every kind while within the confines of the Harbor. Removal or relocating of any unauthorized vessel by the Harbormaster due to the vessel being in an unsafe or dangerous condition shall be without liability to the City of Monterey. The owner of such a vessel shall be liable for the costs of removal or securing of the vessel. The City assumes no risk on account of fire, theft, storm, wind, acts of God, or damage of any nature from any cause whatever, to boats or other property. (Ord. 3548 § 2, 2016)

Compliance with the rules and regulations of the Harbor is the responsibility of vessel owners, their guests and visitors to the Harbor. Violation of any provisions of this Chapter shall constitute a misdemeanor and shall be punished as set forth in Monterey City Code Section 1-1.06. In addition, violators shall be subject to eviction and/or revocation of their license agreement and/or permit. (Ord. 3548 § 2, 2016)