Monterey Municipal Code § 17-18 Deliveries and sales of seafood at the Harbor

a.It is hereby declared to be a public nuisance and unlawful for any person to offer for sale or make deliveries of fresh fish or other seafood at the Monterey Harbor or on City-owned parking areas except as provided by the terms of a lease, permit, or contract that has been specifically authorized by the City Council.

b.Notwithstanding subsection (a) of this section, the Harbormaster shall have authority to issue 15 permits to commercial fishing vessels for the sale of whole, fresh fish and other seafood directly from their vessel pursuant to the following conditions:

i.Permits shall be issued on a first-come, first-served basis and must be renewed annually.

ii.The fee for the annual permit shall be adopted and integrated into the City’s Master Fee Schedule by resolution of the City Council.

iii.All sales shall occur from the K-Dock area as directed by the Harbormaster.

iv.Only whole, fresh seafood may be sold. No steaking or filleting, other than gilling and gutting, shall occur.

v.Only retail sales to the ultimate consumer are allowed. No sales to restaurants or markets are allowed.

vi.Seafood must be sold from the vessel that caught it or, if the Harbormaster determines that vessel is too large to safely dock at the K-Dock, then the sales may occur from another vessel or dinghy owned by the same person.

vii.Upon request of the Harbormaster, the permittee shall provide a daily accounting of the amount of seafood brought to the dock for sale, the amount sold, and the amount remaining.

viii.Due to the size of the K-Dock, vessels with permits must rotate and spend only a reasonable amount of time at the dock. The Harbormaster shall have the authority to set and enforce a rotation of vessels.

ix.No signs or other obstructions may be placed by permittees on the dock.

x.Permittees must obtain a City business license.

xi.All other applicable local, state, and federal laws, regulations, and rules shall be followed by permittees.

xii.Violation of any condition in this section shall result in the Harbormaster’s revocation of the permit. (Ord. 3682 § 5, 2024; Ord. 3548 § 2, 2016)

a. When Permitted.Except as directed by the Harbormaster, berthing or docking alongside Municipal Wharf No. 1 and Municipal Wharf No. 2 shall be permitted only during the time when nets, equipment or supplies are being loaded or unloaded. At all other times docking shall be prohibited, except at a concession leased to a concessionaire by the City, at which boats may dock without charge when engaged in or carrying on with such business as they are authorized to transact by the City thereat.

b. Designation of Space; Docking Time Allowed.Space at which fishing vessels may be allowed to dock at Municipal Wharves No. 1 and No. 2 will be designated by the Harbormaster. (Ord. 3548 § 2, 2016)

a.“Wharfage” is defined as the fee charged per ton, per pound, or per item, for the service or use of Monterey Wharf No. 1 or Wharf No. 2 for the passage of seafood products or other ocean resource products thereover or thereunder.

b.Except as provided by the terms of a lease or contract that has been specifically authorized by the City Council, all seafood and other ocean resource products delivered to Wharf No. 1 and Wharf No. 2 are subject to wharfage fees.

c.Except as provided by the terms of a lease or contract that has been specifically authorized by the City Council, wharfage on Monterey Municipal Wharf No. 1 and Wharf No. 2 shall be established by resolution of the City Council.

d.Wharfage shall be paid by the party receiving the goods, and not charged to the party selling the goods.

e.Any dispute as to whether an item is subject to wharfage, or the amount due, shall be determined by the Director of Community Services. Determinations of the Director of Community Services under this section shall be final. (Ord. 3548 § 2, 2016)

The City Manager may require a bond from any person transporting gross loads in excess of 10 tons over and across Municipal Wharf No. 1 or Municipal Wharf No. 2, such bond to insure payment of any damage to such wharves because of the transportation of such gross loads in excess of 10 tons. (Ord. 3548 § 2, 2016)

No material or merchandise shall be stored or sorted on Municipal Wharf No. 1 or Municipal Wharf No. 2, and no material, merchandise or vehicle shall be placed or parked so as to obstruct any portion of either of such wharves, except in designated concessions. No boats shall be furnished diesel oil or gasoline from tank trucks on either such wharf, except as specifically authorized by the City Manager. (Ord. 3548 § 2, 2016)

No person shall cast or throw over his or her head or shoulders any metal or mineral weight or sinker attached to any fishing line or fishing tackle, on or from Municipal Wharf No. 2. (Ord. 3548 § 2, 2016)

No person shall deposit or cause to be deposited any garbage, refuse, fish, mollusk or any other waste material of any kind upon Municipal Wharf Nos. 1 or 2, except in containers provided therefor. (Ord. 3548 § 2, 2016)