Monterey Municipal Code Art. 5 Berthing, Mooring, Anchoring

a.Every vessel entering the Outer Harbor and Harbor shall immediately become subject to the authority and direction of the Harbormaster. The Harbormaster shall direct where each vessel shall be berthed, moored, or anchored.

b.The Harbormaster shall have the right to refuse entry into the Harbor of any vessel which, in his or her opinion, is derelict, unseaworthy, unsafe to its operator or other members of the public, of inappropriate size, that does not have current vessel registration or federal documentation, or is known to owe berthing fees to another California harbor or marina.

c. Documentation and Registration.

1.Every vessel entering the Harbor must be California-registered, federally documented, or registered in accordance with the laws of its state of U.S. residency or foreign government. The vessel owner/operator shall furnish to the Harbormaster any and all vessel registration or documentation requested.

2.Written evidence of documentation or registration shall be made available to the Harbormaster by all licensees yearly upon request. Registration or documentation must remain current to continue berthing, mooring, or anchoring privileges. It is the obligation of the licensee to make any changes to the registration or documentation that reflect changes in title or ownership, or other legal interests in the vessel.

d.The Harbormaster shall have authority to temporarily or permanently relocate any vessel from where it may be stored, anchored, berthed or moored when such relocation is required to ensure public safety, when it is in the best interests of Harbor operations due to boat damage or dock repair, for nonpayment of fees, to minimize use or space conflicts, to maximize vessel length or beam ratio, to facilitate City-sponsored events, or for the best allocation of Harbor space. The Harbormaster shall notify the vessel owner that the vessel must be relocated and if the vessel owner fails to comply in a timely manner, may move the vessel and charge the vessel owner for such services. The City shall not be liable for any damage or claim made as a result of such relocation.

e. Current Addresses, Etc.All licensees and permittees shall at all times keep the Harbormaster informed of any change in current mailing address, telephone number, or change in title, ownership or exchange of the vessel occupying a berth, mooring, or anchorage in the Harbor.

f. Confirmation of Ownership.If it appears that an ownership interest in a vessel has changed and/or said vessel’s berth, mooring, or anchoring license has been assigned without the approval of the Harbormaster, Harbormaster may require substantiation of a licensee’s maintenance of the requisite ownership interest in a vessel. Said proof may be in the form of records reflecting payment of expenses, insurance, interest payments on loans secured by the vessel, and/or personal property taxes paid on the vessel. All personal financial information submitted to the Harbormaster will be used only for the purpose of enforcing this Chapter and shall otherwise be kept confidential. Failure of the licensee to demonstrate maintenance of the requisite ownership interest in the vessel may result in revocation of the license.

In the event the Harbormaster determines that the documentation submitted pursuant to the foregoing paragraph does not conclusively establish whether a change in vessel ownership has occurred, in lieu of immediate revocation of the license, Harbormaster may require licensee to establish the licensee’s continued personal use of the vessel for travel outside the Harbor a minimum of 10 times out of any 12-month period. In the event Harbormaster determines that a licensee has failed to personally use the vessel on a regular basis as set forth in this subsection, the license shall be subject to revocation.

g. Only One Mooring or Berth License Per Person.A berth or mooring licensee may possess only one mooring or berth license agreement, except:

1.Multiple mooring or marina berth license agreements may be held by persons if said licenses were issued prior to June 1, 1998.

2.Commercial fishers may possess multiple mooring and/or licenses to be used exclusively for commercial fishing operations.

3.Concessionaires of the City may possess multiple berth and/or mooring licenses within the terms of their lease with the City.

4.The operators of sailing schools who verify instruction of at least 250 different individuals per year, have a City business license, and meet all applicable Coast Guard regulations may possess a maximum of two berth and/or mooring licenses, unless expressly allowed to possess more by the City Council.

5.The operators of dive charter businesses possessing a Yellow Boat Concession permit who demonstrate loading a minimum of 1,000 passengers a year may possess up to two berth and/or mooring licenses, when used exclusively for the dive charter business.

6.The operators of nonprofit, public serving organizations who demonstrate the need for an additional berth and/or mooring license to conduct their mission may possess up to two berth and/or mooring licenses under sole discretion of City Manager upon recommendation of the Harbormaster.

h. Licensee Leave Option.For berths or moorings released to the City for reassignment to the waiting list, the licensee at the time of the release may obtain an option for a similar berth or mooring, granted ahead of the regular waiting list. The option may be exercised through a written request to the Harbormaster at any time after one year has passed from date of the release. The next available berth or mooring will then be assigned. To obtain a leave option, a fee of one-half month’s berthing or mooring for the size of the space released, per year, shall be paid. Failure to pay this fee will result in the loss of the ability to obtain a license apart from the standard waiting list procedure. Once a berth leave option has been utilized, the returning vessel may not transfer the license to a new owner upon the sale of the vessel, unless the vessel has occupied the berth or mooring for at least 30 months.

i. Retention; Trades.A licensee may, upon prior written approval of the Harbormaster, retain berth or mooring license rights and be subject to the regular monthly fees for use by another vessel owned by licensee, provided the vessel size conforms with the size of the berth or mooring and adequate proof of ownership is submitted to the Harbormaster. Two licensees may also trade berths or moorings of the same or differing sizes without invoking the assignment rate increase, unless one or both of them are already paying the assignment rate, in which case that rate will still apply to the licensee(s) paying the assignment rate. If a licensee wishes to trade a berth obtained through the waiting list, he/she must have a waiting list date that is senior enough to qualify for the new berth, if of a differing size, as if it was offered through the waiting list.

j.A license agreement may be canceled by the licensee upon 30 days prior written notice and the licensee shall be entitled to a refund of any prepaid fees.

k.The City may revoke a license upon three days prior written notice where (1) the boat owner is in default of any berth fees or other charges due and owing, or (2) is in violation of any provision of this Chapter as may be amended from time to time, or (3) it is determined that the vessel owner has knowingly, and with intent to deceive, made any false, misleading or fraudulent statements in obtaining the license. If a license is revoked, the licensee shall be entitled to a refund of any prepaid fees.

l.Vessel owners without a liveaboard permit are authorized to reside aboard their vessels for a period not to exceed 48 hours in a seven-day period, or up to 72 continuous hours if the weekend is part of a federally recognized legal holiday. Licensees may reside aboard for up to 14 continuous days out of any three-month period upon prior notification of the Harbormaster. No other persons will be allowed to stay overnight on a vessel without the owner(s) being present, except by special permit from the Harbormaster. Such a permit, to be issued in advance of the stay, shall be valid for no more than 120 days, and shall be provided only for good cause. For such a special extended permit, liveaboard fees will apply.

m. Insurance.All berth and mooring licensees shall maintain the following insurance:

1.Recreational vessels to maintain general vessel liability (protection and indemnity) insurance, including wreck removal and pollution coverage, with a minimum policy limit of $300,000.

2.Commercial vessels to maintain general vessel liability (protection and indemnity) insurance, including wreck removal and pollution coverage, with a minimum policy limit of $1,000,000.

3.All vessel insurance policies shall name the City of Monterey, its officers, officials, and employees as additional insureds.

Within five business days of a request, a licensee shall provide a current certificate of insurance evidencing the above required policies to the Harbormaster. For berth and mooring licenses issued prior to the effective date of this section, the required insurance must be obtained by September 1, 2025. All others must obtain and submit proof of the required insurance prior to issuance of the berth or mooring license. (Ord. 3698 §§ 4, 5, 2025; Ord. 3682 § 6, 2024; Ord. 3548 § 2, 2016)

a.In order to protect the boats and other property of Harbor licensees, access to the berthing facilities shall be controlled by the use of gates equipped with locks or other means as the Harbormaster deems appropriate. Visitors and other persons having lawful business within the berthing area may be allowed access at any reasonable time with permission of the Harbormaster.

b.Gates to the berthing area shall be locked at all times unless otherwise directed by the Harbormaster. Blocking open or climbing over or around the gates is prohibited. The Harbormaster may issue keys to licensees and to visitors and shall charge a reasonable deposit to ensure the return of such keys.

c.Children under the age of 13 years old must be accompanied by a parent or other responsible adult at all times when on the Marina docks and/or vessels.

d.Dockside shore power is available to boaters with regular license agreements. A specific power outlet shall be assigned to each berth and this outlet may be sub-metered. It shall be illegal to use shore power from any other berth’s outlet without prior approval of the berth’s licensee. (Ord. 3548 § 2, 2016)

a. Assignment.No person shall berth or moor a vessel in the Harbor, Outer Harbor, or Marina without first having been issued a berth or mooring assignment by the Harbormaster and signed a license agreement, been issued a temporary transient assignment and signed a transient vessel license agreement, or in the case of a mooring only, having been issued a sub-license permit. Unauthorized berth or mooring occupancy is prohibited. License fees shall be established by resolution of the City Council. The Harbormaster is authorized to move, secure, cite, and/or impound any vessel occupying an unauthorized berth or mooring. All fees involved in such action will be charged to the vessel’s owner.

b. Berth or Mooring License Issuance.

1. Waiting List.A chronological waiting list for berth and mooring assignments will be maintained and available for public inspection. A nonrefundable fee, established by resolution of the City Council, will accompany the request to be placed on the waiting list. At the time of the request, a person shall indicate if a Marina berth, Outer Harbor mooring, or East Mooring Area mooring is desired. An annual fee will be required to remain on the list. Each person on the waiting list will be billed annually according to their initial application date on the waiting list. It is the responsibility of the waiting list applicant to provide accurate contact information. Failure to renew by paying the annual fee will result in the applicant being removed from the waiting list. Members of the waiting list shall have the right to transfer their name from one slip or mooring size to another, or from a berth to a mooring or mooring to a berth, and will be placed on the new list in accordance with their original sign-up date. Waiting list applications are not transferable and only the name(s) listed on the waiting list application and their spouses shall be considered eligible to be a licensee.

Except as provided in subsection (b)(2) of this section, when a berth or mooring becomes available it will be offered first to that person highest on the waiting list for that size berth or mooring, and if refused, in sequence to the person next on the list. The person highest on the waiting list will be offered any available berth or mooring provided the vessel size will not be more or less than allowed for the size of the berth or mooring. Acceptance must be indicated within 10 business days of notification and must include payment of the first month’s berth or mooring fee and execution of a license agreement.

If, when offered a berth or mooring, the top person on the waiting list owns or wishes to own the vessel in partnership with others who are not listed on the waiting list application, the conditions found in Section 17-36(c) will apply.

2.The Outer Harbor mooring waiting list shall be divided into two subsets: (a) recreational vessels and (b) commercial vessels, which shall be California-resident commercial fishers. Both subsets shall be organized chronologically and by the size of mooring needed.

The commercial list shall always have priority over the recreational list; however, commercial fishers are required to verify on an annual basis to the Harbormaster at least an amount of fish catch, in dollars, as specified in the commercial vessel quota as set by resolution by the City Council.

3.Before a license agreement can be accepted by the Harbormaster, each vessel owner shall furnish a Certificate of Documentation from the United States Coast Guard or vessel registration from the Department of Motor Vehicles in the licensee’s name. No vessel other than the one specified on the license agreement shall be kept in the assigned berth or mooring by the licensee, unless the license agreement is amended as approved by the Harbormaster. If a vessel is rented, chartered or leased by a berth or mooring licensee, the vessel use shall be exclusive to the licensee and a copy of the rental, charter or lease agreement shall be provided to the Harbormaster.

4.A license for berthing or mooring may only be issued in one of the following manners:

i.In the name of an individual or a group of up to four individuals.

ii.For berth license agreements entered into after July 1, 1997, and mooring license agreements entered into after June 1, 1998, if a vessel is owned by a corporation, the largest individual shareholder shall be a named licensee under the berth license agreement. The corporation may designate up to three other individual shareholders as licensees.

iii.If the vessel is owned by a sole proprietorship, the license shall be issued in the owner’s name “DBA” the business.

iv.If a vessel is owned by a partnership or joint venture, the members shall designate up to four individual members to be named as licensees, provided they are all either listed on the waiting list application or are all listed as co-owners of the vessel at the time of license transfer, and as provided in Section 17-36(c)(3).

v.If the vessel is owned by a trust, the license agreement shall be in the name of the trust; provided, that it is the trust that maintains the waiting list application or it is the trust that purchases a vessel already in a berth or mooring and transfers the license into the trust. Licenses may not be changed into the name of a trust after issuance of the license except as provided in Section 17-36(a) or (b). (Ord. 3682 § 7, 2024; Ord. 3548 § 2, 2016)

a. Disposition of Berth or Mooring upon Sale of Vessel.At the time of the purchase of any interest in an existing vessel occupying a berth or mooring in the Monterey Harbor pursuant to a license agreement:

1.If the original licensee no longer wishes to utilize the berth or mooring for a vessel of his/her own pursuant to Section 17-34 herein, the berth or mooring shall revert to the City for reassignment. The original mooring licensee may remove privately owned mooring gear, provided it is removed within 10 days of the release of the mooring. If the mooring gear is not removed, the City shall assume ownership of the gear and retain or dispose of the gear in its sole discretion.

2.If the new vessel owner does not wish to obtain a berth or mooring, the Harbormaster shall assign the berth or mooring to the next person on the waiting list.

3.If the new vessel owner does wish to berth or moor the vessel in the Monterey Harbor, a suitable berth or mooring will be provided. When the Harbormaster approves a new license for the owner(s) of a purchased vessel, the berth or mooring that is provided to the new vessel owner shall suit the vessel and be comparable to the prior berth or mooring, but may not necessarily be the same as held by the former berth licensee. The new vessel owner will be charged the berth or mooring assignment rate, as set by City Council resolution, to be paid until such time as the new vessel owner may be offered a regular berth or mooring, respectively, from the waiting list, except that if the new vessel owner intends to use the berth or mooring for commercial fishing operations, such purchase shall be exempt from paying the assignment rate and instead shall be charged the regular rate; provided, that for each year after the vessel purchase, the commercial fishing quota, as set by City Council resolution, can be attributed to the vessel using the berth or mooring, or if it is a “light boat,” by the larger vessel it supports. If the commercial fishing quota is not verified as requested by the Harbormaster, the assignment rate will go into effect.

4.For the City to provide a berth or mooring the purchased vessel must:

i.Be seaworthy and operable as defined in this Chapter.

ii.Remain in the berth or mooring provided by the Harbormaster for at least 30 months to continue the license agreement. Additionally, for every two months which that individual has been on the Monterey berth or mooring waiting list, one month may be deducted from the required wait for vessel replacement, as calculated at the time of the license transfer. Exceptions will be made to this provision if the vessel departs on an extended voyage, including commercial fishing operations, provided it is still owned and operated by the licensee upon its return to Monterey. If the vessel is damaged to the extent it is no longer feasible to remain in a seaworthy or operable condition, the vessel shall be removed at the owner’s expense and the license agreement will be revoked.

b. Disposition of Berth or Mooring Upon Assignment of Vessel.

1.For purposes of this subsection, “assigned” or “assignment” shall refer to the gift, bequest, or any other type of transfer of ownership of a vessel without any consideration.

2.If a vessel occupying a berth or mooring pursuant to a license agreement is assigned, such assignment shall not be subject to the provisions of this Chapter regarding vessel sales; provided, that the berth or mooring is used only for the assigned vessel. Berths or moorings used for commercial fishing operations shall be exempt from the prohibition of replacing the assigned vessel, provided the new vessel is used primarily for commercial fishing.

3.Berths or moorings acquired through assignment may be subsequently sold, subject to the vessel sale provisions of this Chapter, to a new owner.

4.Berths or moorings acquired through assignment may be subsequently assigned, subject to the vessel sale provisions of this Chapter, to a new owner.

5.New partners in the vessel will not be allowed following the assignment.

c. Vessel Partnership.For vessel partnerships involving the partial transfer of any interest in the vessel to another person or legal entity and entered into after July 1, 1997, with a licensee who obtained his or her berth or mooring prior to that date in order to retain a berth or mooring:

1.A written partnership agreement shall be provided with a new DMV registration or Coast Guard document showing all owners’ names;

2.The berth or mooring assignment rate, as applicable, will apply;

3.New vessel partners will not be added to the license agreement except in the circumstance where the new partner has been on the waiting list long enough to obtain a berth or mooring on his/her own. The City’s legal relationship remains solely with the licensee, except as provided herein; and

4.For vessel partnerships for a vessel which has not previously occupied a berth or mooring, the original licensee partner(s) shall demonstrate at least a 51% financial interest in the vessel, contribute a commensurate share to the continuing expenses of the vessel, and personally use the vessel for travel out of the Harbor a minimum of 10 times out of any continuous 12-month period. The licensee’s financial interest may not be gifted from the nonlicensee boat partner(s) or attributed to any value assigned to possessing a berth license. The Harbormaster shall have the right to review the financial records of the vessel and request confirmation of personal use in order to confirm satisfactory compliance with the requirements herein. Failure to comply with this section shall result in the forfeiture of the berth or mooring to the City.

d. Personal Economic Gain Disallowed.The fact that a berth or mooring may be provided to a new vessel owner through the sale of a vessel shall result in no economic gain to the original licensee. Likewise, the purchaser of any interest in a vessel shall not pay any amount nor be liable for any cost or consideration of any kind to the original owner for the assignment of the berth or mooring into his/her name. Additionally, both the original licensee and purchaser shall sign a statement, under penalty of perjury, stating the total sales price of the vessel and affirming that no value has been exchanged between them for the berth or mooring assignment. The Harbormaster may require evidence in the form of an independent appraisal or comparable boat sales figures to verify the value of the vessel for which a license will be transferred. The Harbormaster has the authority to deny the transfer of a license should it be determined that the vessel’s value has been inflated by the value of the transferred berth or mooring license.

e.A licensee may acquire a second vessel in a second berth or mooring without invoking the rate increase described in subsection (a)(3) of this section, provided the original berth or mooring is released to the waiting list within 12 months of acquiring the second vessel. The original berth or mooring may not be transferred to another individual or entity with the sale of the original vessel, but must be returned to the City for reassignment to the waiting list. (Ord. 3682 § 8, 2024; Ord. 3548 § 2, 2016)

a. Minimum and Maximum Vessel Sizes.Vessels which are granted berth licenses must be no shorter than six feet of the berth size. For boats larger than the berth, the maximum overage for each slip size is as follows:

Likewise, the beam of a vessel must fit within the licensee’s assigned berth.

For the purpose of this section, the vessel measurement shall include all functional structures such as, but not limited to, bow sprits, self-steering vanes, davits, swim steps, rudders, outboard motors, and dinghies. Oversized vessels shall be tied in the slip so that no more than one foot of any structure projects over the walkway.

The storage of net skiffs behind working commercial fishing vessels may be exempted from this section; provided, that in the judgment of the Harbormaster, such storage is for the best overall use of space in the Marina.

A new licensee must occupy his slip with an appropriately sized vessel within six months of approval of the berth license. For vessel replacement, a continuing licensee’s new vessel must fit the above listed size limitations, including the beam of his assigned slip. A licensee may, with prior written approval of the Harbormaster, temporarily berth a new differing-sized vessel in the existing berth for a maximum of six months, at which time the vessel shall be removed by the licensee and the license shall expire, unless a suitably sized vessel is purchased and berthed by licensee. The Harbormaster, at his discretion, may refuse to grant any interim berthing in the slip if the new boat is so oversized as to obstruct the walkway, significantly reduce the navigable waterway, or otherwise create a safety concern.

The above-cited regulations notwithstanding, certain dock areas are recognized to be situated in such a manner as to allow for even larger boats than listed. For these special areas, as determined by the Harbormaster, prior written application must be made to the Harbor Office and approval granted before placing a boat in the slip which exceeds the maximum length or beam of this regulation.

b. Use of Berth by Multiple Vessels.Use of the licensee’s berth by any person other than the licensee for a skiff, dinghy, canoe, day sailer or a vessel of any other type shall only be permitted if approved by both the berth licensee and the Harbormaster and shall be subject to standard berthing rates for a vessel of that size and type. Public agencies and/or accredited schools with sailing programs shall be exempted from this subsection. If the berth licensee wishes to place an additional vessel of any type into the berth without paying additional fees, the vessel must be solely owned and used by the licensee and the vessels must be able to fit into the allocated berthing space.

c. Maintenance and Care of Berths.Boat owners are responsible for the safe and secure berthing of their vessels and are liable for damage to their own vessel, to the Marina facilities and to other vessels, caused by their negligent or willful actions. Boat owners will be billed for labor and materials required to secure vessels which are improperly or inadequately secured, or to repair Marina facilities which are damaged due to their negligence or willful misconduct.

d. Subletting.Subletting by berth licensees is not permitted. The City retains the right to sub-license berths that are temporarily vacated. A licensee shall notify the Harbormaster of his/her intent to temporarily vacate the berth.

e. Utilization.Berths must be utilized by the licensee for at least six months out of every 12-month period, with the exception of a leave of absence granted by the Harbormaster. A leave of absence may be granted when:

1.There is a defined time period for the leave; and

2.The owner’s vessel will be located continuously outside of the Monterey Harbor or if the owner is in a prolonged period of finding, constructing, securing, or delivering a new boat to Monterey Marina. For new boat purchase or construction, the Harbormaster may require evidence of this transaction.

Vessels berthed under a license agreement will be eligible for a credit to their account for each day a transient vessel uses the berth. The amount of credit applied to specific berth sizes shall be set by resolution by the City Council. In no event will transient credits applied to a berth licensee’s account total more than the monthly berthing fee charged by the City. Any credit shall be shown on the following monthly or annual statement, dependent upon the berth licensee’s payment schedule.

f. Stray Electrical Current.No vessel shall transmit stray current. Compliance with this requirement will be satisfied when it is shown that when testing the vessel shore power, there is no AC ground fault from the hot and neutral wires or galvanic or DC current on the ground wire. The vessel ground must be isolated from Marina shore power by the use of an ABYC approved isolation transformer or galvanic isolator. The ground wire shall not be disconnected from the vessel’s bonding conductor in an attempt to isolate the shore power ground from the vessel’s bonding system.

If a vessel is found to be producing stray current, notice shall be given to the owner, who shall have 10 days to correct the problem. The preceding sentence notwithstanding, the Harbormaster shall have the authority to disconnect the vessel from shore power immediately if the level of stray current being produced poses a real and immediate threat to personal safety or the rapid corrosion of the vessel and/or its neighboring vessels/structures. If a vessel is disconnected from shore power, every effort will be made to promptly notify the vessel’s owner as to the action taken. The Harbormaster, however, shall assume no liability whatsoever for any losses or damage suffered from the denial of shore power to a vessel producing stray current.

If the problem is not corrected in 10 days, the Harbormaster will have the right to disconnect the vessel from shore power and deny further use of shore power until corrective action is taken. Continued reconnection to shore power, if the vessel’s fault has not been corrected, may result in the cancellation of the berth license agreement.

Shore power cords shall be compliant with current ABYC and National Electric Code standards and must be in operable condition. Cords that are found to be a significant hazard to personal safety will be unplugged immediately.

g.The Harbormaster shall provide 30 days advance written notice to the licensee of a new berth assignment, except in cases where there exists an immediate public safety concern.

h. Parking.Berth licensees may purchase from the Harbormaster no more than two annual Waterfront Lot or Wharf No. 2 Lot parking permits at the rate established in the Master Fee Schedule. Additional permits or permits for nonlicensees may be obtained by applying to the City’s Parking Division pursuant to its standard procedures. (Ord. 3682 § 9, 2024; Ord. 3548 § 2, 2016)

No steps or boxes, other than dock boxes, shall be placed on or fastened to the dock without the Harbormaster’s consent. Carpeting or any attachments that retain moisture or prevent ventilation are expressly forbidden. No modifications to the berth will be allowed except those done by the City staff, or performed by vessel owners with prior written approval of the Harbormaster. Vessel owners will be billed for any labor and materials necessary to correct violations of this section. (Ord. 3548 § 2, 2016)

The regulations in this section apply to moorings in the Outer Harbor.

a. Vessel Size.The Harbormaster shall keep a record of the maximum or minimum-sized vessel, measuring all permanent structures, allowed for each mooring location. Vessels larger than the maximum or smaller than the minimum allowed will not be permitted, except by advance written permission from the Harbormaster, or as relocated by the Harbormaster. The purchase of a vessel larger than can be accommodated in the mooring space does not obligate the Harbormaster to provide a new, larger space.

b. Use of Mooring.Except for dinghies, only one boat is allowed on a mooring at any one time. A mooring permit shall authorize the holder thereof to use the facilities for mooring purposes only and grants no further rights, privileges or uses. Additional or varying uses shall not be allowed except as provided in the ordinances or with the written permission of the Harbormaster.

c. Blocks.The Harbormaster shall have the authority to require the use of a City owned and maintained block.

d. Maintenance and Care of Mooring.Licensees are responsible for their mooring gear and for the safe and secure mooring of their vessel(s), except as provided in a sub-license agreement. They are liable for damage to their own vessel and to other vessels, if caused by their reckless action, inattention, or other failure to maintain their gear. Boat owners will be billed for labor and materials to secure vessels which are improperly or inadequately secured, or to repair mooring facilities which are damaged due to their negligence.

1. Number Display.Mooring licensees are required to display, at all times, their assigned mooring number on two opposite sides of the mooring buoy in easily visible letters at least four inches high.

2. Gear Inspection.It shall be the responsibility of the mooring licensee to have all mooring gear inspected by someone competent to assess its condition at least on an annual basis. The results of the annual inspection shall be provided to the Harbormaster. If the inspection concludes that repairs are necessary, the licensee shall complete all necessary repairs within 60 days of the inspection. If the licensee fails to complete the annual mooring inspection and, if necessary, complete necessary repairs within 60 days, the licensee shall remove the vessel from the mooring until the mooring has passed the required inspection. If the licensee fails to remove the vessel, the Harbormaster, or their designee, has the right to remove the vessel and the licensee shall be responsible for all costs incurred to remove and secure the vessel in the Marina, including any applicable berthing fees. If the annual inspection and necessary repairs remain outstanding after 90 days, the mooring license is automatically forfeited and the Harbormaster, or their designee, has the right to remove the vessel from the Monterey Harbor at the expense of the vessel owner. Upon a showing of good cause by the licensee, the Harbormaster may grant an extension of time for the completion of annual inspections and necessary repairs. Finding good cause depends on all the circumstances, including the underlying purposes of this subsection. Licensee must demonstrate sufficient facts and good faith reasons to establish a reasonable basis to be excused from the deadlines set forth in this subsection.

3. Inadequate Mooring Gear.If, in the opinion of the Harbormaster, a mooring licensee is using gear that is not of sufficient strength to safely secure the vessel, and even if the gear is in good condition, the Harbormaster shall have the authority to require the licensee to supply stronger gear suitable for the size of the vessel. If the mooring licensee does not supply stronger gear within 60 days of notice from the Harbormaster, the licensee shall remove the vessel from the mooring until adequate mooring gear is in place. If the licensee fails to remove the vessel, the Harbormaster, or their designee, has the right to remove the vessel and the licensee shall be responsible for all costs incurred to remove and secure the vessel in the Marina, including any applicable berthing fees. This shall apply in all cases, including emergencies, where the Harbormaster or their designee deems it necessary to act immediately for safety or operational reasons. If adequate gear is not supplied after 90 days, the mooring license is automatically forfeited and the Harbormaster, or their designee, has the right to remove the vessel from the Monterey Harbor at the expense of the vessel owner.

4. Pendants.Outer Harbor Mooring licensees are required to have two independent pendants securing their mooring ball.

e. Swing.The Harbormaster shall have the authority to set the maximum sized vessel, including the mooring gear. (Ord. 3698 § 3, 2025; Ord. 3682 §§ 10, 11, 2024; Ord. 3548 § 2, 2016)

Outer Harbor mooring licensees must occupy their moorings with a vessel they own for a minimum of six months out of any 12-month period, except as described below. No Outer Harbor mooring licensee may sublease, sub-rent, or sub-license the mooring to another person or entity except through the Harbormaster’s Office and according to the procedure established in this section. The use of a mooring by any boat other than the licensee’s must be reported promptly to the Harbor Office and approved in writing by the Harbormaster.

a. Other Person’s Use.Use of a licensee’s vessel by any person other than the licensee, in the form of a charter, rental agreement, lease or any other arrangement, whereby some person other than the mooring licensee is afforded the use of the licensee’s vessel and mooring, shall constitute a sub-license of the mooring and shall be subject to the provisions of this section. The details of such an agreement shall be notarized and filed at the Harbor Office.

b. Sub-License Permits.Sub-license permits may be granted for a maximum of six months in any 12-month period, except extensions of time beyond six months as expressly permitted by the Harbormaster for such reasons as extended cruising, out-of-area commercial fishing, extended boat repairs, boat building or purchase efforts, or for other commercial uses as approved by the Harbormaster. For sub-licenses of a duration of six months or less out of any 12-month period, the mooring licensee may select anyone of his/her choosing to sublet the mooring provided the vessel fits within the allotted space. The financial obligation for the mooring shall remain with the regular licensee. Reimbursement by the sub-licensee to the licensee will be the responsibility of the two contracting parties. The sub-license rate, however, shall not exceed the standard fee schedule currently used by the City of Monterey, as adopted by resolution by the City Council, plus a reasonable amount for the maintenance of the mooring equipment.

c. Sub-License Time Extensions.If the Harbormaster approves additional time beyond the six-month limit, the Harbormaster shall have the right to provide the sub-license opportunity to individuals who have senior status on the City’s mooring waiting list. No right to continuing occupancy of a mooring in the Harbor or to higher waiting list priority shall result from such use. In circumstances where the Harbormaster approves a time extension, and places an individual from the waiting list on the mooring, the City shall be responsible for the collection of mooring fees and for the maintenance of the mooring during such use.

d. Sub-License Agreement.Sub-license permits will be issued by the Harbormaster on the basis of a joint agreement executed at the Harbor Office between regular licensee and sub-licensee.

e. Mooring Gear Maintenance During Sub-Licensing.The responsibility to maintain safe and secure mooring gear, except for the mooring pendant, shall remain the licensee’s, except as mutually agreed upon by the two contracting parties, or as conditioned above.

f. Mooring Pendant.The responsibility to maintain a safe and secure mooring pendant shall be the vessel owner’s. (Ord. 3682 § 12, 2024; Ord. 3548 § 2, 2016)

In no circumstances may any vessel anchor inside the mooring area or the Fairway Channel as marked. No person shall allow his moored vessel to obstruct the Harbor’s marked navigation channels. If a vessel does block a channel, it and/or its mooring gear may be moved by the Harbormaster at the vessel owner’s expense.

The Harbormaster may direct vessels to anchor outside the small boat mooring area of the Harbor where it appears safe, given the conditions of vessel traffic, wave action, and the maneuvering capability of the vessel requesting anchorage.

Visiting vessels may stay at anchorage for up to 31 days in any six-month period where space is available. (Ord. 3548 § 2, 2016)

a.All visitors wishing to berth or moor in the Harbor shall check in with the Harbormaster and sign a transient vessel license agreement prior to being assigned a space. Transient spaces shall be assigned on a first-come, first-served basis and subject to a fee set by resolution of the City Council.

b.Transient vessels may stay in a berth for up to two consecutive weeks in any 30-day period where space is available. Visiting vessels may be assigned the temporary use of a mooring for up to 31 days in any six-month period. Extensions may be approved in writing by the Harbormaster.

c.No transient vessel in the Harbor shall use their vessel for overnight lodging more than 14 consecutive nights without said transient vessel then being subject to the rules found in Section 17-43.

d.The City shall not create differing rates for transient vessels based on the residency of the owners.

e.The temporary use of berths for transient vessels shall in no way create any right to permanent or future berthing outside of the regulations set forth in this Chapter for the issuance of berth licenses. (Ord. 3548 § 2, 2016)

a.It is unlawful for any person to live aboard in the Harbor without having been issued a valid liveaboard permit by the Harbormaster.

b.A maximum of 15 liveaboard vessels will be permitted to occupy berths in Monterey Marina, and a maximum of 15 liveaboard vessels will be permitted to occupy moorings in the Outer Harbor. In the event a vessel with a liveaboard permit is reassigned from a mooring to a berth, or a berth to a mooring, the liveaboard permit shall remain valid even if the reassignment exceeds the maximum allowable number of liveaboards for the newly assigned area; however, no further liveaboard permits will be issued until the number of liveaboards for the area affected is back under the maximum 15 permitted.

c. Waiting List.A waiting list for liveaboard permits shall be maintained and available for public inspection. Only current licensees are eligible to participate in the liveaboard permit waiting list. Liveaboard permits shall be issued according to application date and availability of liveaboard permits. When a liveaboard permit becomes available it shall be offered to the first person on the waiting list. Notification will be mailed to the most current address on file in the Harbormaster’s Office. It is the sole responsibility of the applicant to keep the address on file with the Harbormaster current. Acceptance must be made within 30 days of the mailing of the notification. If a liveaboard permit is offered and not accepted within 30 days, the applicant’s name will be removed from the list. Fees paid to be included on the liveaboard waiting list are nonrefundable.

d.A liveaboard permit may be issued only if all of the following standards are met:

1.Applications, on a form to be provided by the Harbormaster, for a liveaboard permit must be submitted to the Harbormaster. Failure to make said application in advance of living on the vessel shall be grounds for denial.

2.At least one applicant must have a berth or mooring license agreement. The application must list all other occupants who will be living aboard. The vessel shall be equipped with an operable Marine VHF radio, which shall be maintained in good working order during the liveaboard term. An operable cellular phone is required in addition to the marine radio. Both the radio and the cellular telephone must be on when the vessel is occupied.

3.Each vessel shall be equipped with a permanently installed Coast Guard-approved head and a waste holding tank with a capacity of no less than 10 gallons. The City shall have the right, upon reasonable notice, to inspect the interior of any such vessel to verify compliance with this condition. Portable toilets are not considered installed devices. Waste may only be disposed of in Harbor via the City-owned pump facility. The City shall have the right to require that liveaboard vessels demonstrate the regular use of the Harbor sewage pump, and/or place dye tablets inside the vessel’s holding tank.

4.For liveaboard applicants after the effective date of the ordinance codified in this chapter, the vessel must have standing headroom and at least 29 feet in length. Vessel length for purposes of this section shall be the length listed on the vessel’s registration or federal document.

5.For liveaboard applicants after the effective date of the ordinance codified in this chapter, the vessel must be self-powered. No barges or houseboats will be permitted. Any vessel used exclusively as a residence shall be considered to be a houseboat, regardless of its design. Liveaboard vessels must be designed for usage and able to be used on the open waters of the Monterey Bay in its typical range of sea conditions.

6.Living aboard shall be considered incidental to regular use of the open waters. The liveaboard applicant must be able to personally demonstrate the ability to operate the vessel before a liveaboard permit will be issued and at the request of the Harbormaster thereafter.

e. Regulations for Living Aboard.

1.The total number of occupants of the vessel must not exceed the number of beds provided by the original manufacturer, and in no event may there be more than five occupants of a liveaboard vessel.

2.In no case may a person solely occupy as a liveaboard a vessel registered to another. Other individuals may reside aboard a vessel, with a valid liveaboard permit, but only as long as the berth or mooring licensee also resides aboard.

3.A liveaboard permittee shall pay a monthly liveaboard fee set by resolution of the City Council. This fee shall be in addition to the monthly berthing or mooring fee.

4.A liveaboard permit may not be transferred to another person, but may be transferred by the liveaboard permittee to a new vessel of the original liveaboard permittee with prior written approval of the Harbormaster.

5.The liveaboard permittee shall notify the Harbormaster of liveaboard guests if their anticipated stay is seven days or longer. The liveaboard permittee is responsible for the actions and conduct of his/her guests. Any violation of these rules and regulations by a guest shall be considered a violation by the liveaboard.

6.The Harbormaster shall have the authority to inspect liveaboard vessels for compliance with this section. Inspections shall occur only with a minimum of seven days advance written notice to the liveaboard.

7.If any legal action is required to remove or evict a liveaboard, the permittee shall be liable for reasonable attorney fees, costs and expenses incurred by the City.

8.Liveaboard permits are not transferable upon the sale of a vessel. The new owner must apply for a liveaboard permit and may not live aboard until such approval is granted. Possession of a liveaboard permit for the Marina or a Mooring does not entitle the liveaboard to transfer from one area to another, unless liveaboard permits are available in the other area.

f. Termination.A liveaboard permittee may terminate his or her permit upon 30 days prior written notice of termination to the Harbormaster. The Harbormaster may terminate a liveaboard permit upon 30 days prior written notice for any of the following reasons:

1.Discharge of sewage or other waste into the Monterey Bay.

2.Failure to maintain a seaworthy, operable vessel and/or an operable marine VHF radio or cellular telephone. If within 14 days following notice of termination for failure to maintain a seaworthy, operable vessel and/or an operable marine radio or cellular telephone, the permittee provides proof of correction of the violation to the satisfaction of the Harbormaster, the Harbormaster shall rescind the notice of termination. This correction period may only be utilized once in a 12-month period.

3.Failure of the permittee and his or her guests to comply with all applicable local, state, and federal laws and all Harbor rules and regulations.

4.Failure to reside on the vessel for 14 continuous days out of any three-month period.

5.Engaging in behavior that endangers the permittee, permittee’s guests, or other users of the Harbor.

6.Failure to pay the monthly liveaboard permit fee for a period in excess of 30 days after written notice.

g.Vessels covered by a liveaboard permit may not be rented, all or in part, as overnight accommodations or lodgings.

h.A liveaboard permittee whose liveaboard permit is terminated by the Harbormaster may not apply for another liveaboard permit until six months after the date upon which the liveaboard permit is terminated.

i.The Harbormaster shall have the sole discretion to decide whether to issue another liveaboard permit or not. The Harbormaster’s decision shall be final and not subject to appeal. (Ord. 3682 §§ 13 – 15, 2024; Ord. 3548 § 2, 2016)

a.The berthing of dinghies or other vessels on the City owned and operated docks shall be by permit only as issued by the Harbormaster. The City Council shall set, by resolution, fees for the storage of dinghies. Only licensees or authorized sub-licensees shall be eligible for permits to store dinghies in the Harbor. The dinghies must be owned by licensees or authorized sub-licensees and used to reach their moored vessels. These provisions notwithstanding, the Harbormaster may issue special use permits for other dinghy uses as needed.

b.Transient vessels anchoring outside of the Harbor may request short term dinghy space. Such requests will be accommodated if space is available; advance approval by the Harbormaster and space assignment is required.

c.Dinghies must comply with California Boating Law for registration and safety equipment.

d.Dinghy permittees shall provide 10 days prior written notice to terminate the dinghy storage arrangement. Charges for dinghy storage will be due and payable to the City until such notice is received. (Ord. 3548 § 2, 2016)

a. General Regulations.All East Mooring vessels and licensees are subject to the regulations stated in Sections 17-33(a) through (f).

b. Vessel Size.Vessels in the East Mooring area must be between 20 feet and 45 feet in length (measured using extreme length of vessel), and may not exceed 10 tons in weight.

c. Use of Mooring.Except for dinghies, only one vessel is allowed on an East Mooring ball at any one time. An East Mooring license shall authorize the holder thereof to use the facilities for mooring purposes only and grants no further rights, privileges or uses. No sub-licenses are permitted in the East Mooring area. Additional or varying uses shall not be allowed except as provided in this Chapter, City Council resolutions, or with the written permission of the Harbormaster.

d. Blocks.The Harbormaster shall maintain all blocks, chains and mooring balls in the East Mooring area.

e. Maintenance and Care of Mooring.Vessel owners are responsible for their mooring lines and chafe gear, and for the safe and secure mooring of their vessels. They are liable for damage to their own vessel, and to other vessels, caused by their negligent, reckless, or willful acts or omissions. Boat owners will be billed for labor and materials to secure vessels which are improperly or inadequately secured, or to repair mooring facilities which are damaged by said acts or omissions.

f. Participation in the Seasonal East Mooring Program.East Moorings are available for use from April through October. From November through March, East Mooring licensees have the option of moving the vessel into the Marina and will be provided the use of an appropriately sized berth, paying the 1.5 times the berth rate rather than the transient rate. In order to take advantage of Marina berthing and the 1.5x’s rate, the vessel must have been assigned to, used, and paid for an East Mooring license for a minimum of 90 days during the preceding April through October period.

g. Dinghy Space.The City will provide, at no cost from April through October, a dinghy space located either in the Marina or at Wharf 1, for any licensee participating in the seasonal East Mooring program.

h. Overnight Stays.No one is permitted to stay aboard a vessel on an East Mooring overnight, which shall be from 10 p.m. to 6 a.m. Licensees may, however, bring their boats into the Marina for an overnight stay as a transient vessel, paying the appropriate transient fees, and following all other transient regulations as found in Section 17-42.

i. Inoperable Vessels.All East Mooring vessels are subject to the regulations as stated in Section 17-7. (Ord. 3682 § 17, 2024)