Morro Bay Municipal Code Ch. 15.04 Definitions

For the purposes of this title, the words and phrases herein defined shall, unless the context clearly indicates otherwise, have the meanings set forth in this chapter.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1 (part))

"Anchorage area" means any portion of Morro Bay which has been so designated.

(Ord. 364 § 2 (part), 1989: Ord. 119 § 1 (part), 1974: prior code § 9401.1(a))

"City" means city of Morro Bay.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(b))

"City council" means the city council of the city of Morro Bay.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(c))

"Commercial mooring operator" means any person or persons who rents or holds out for rent, moorings within an established commercial mooring zone, and who has contracted with the city for use of such zone.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(o))

"Fire chief" means the fire chief of the city of Morro Bay.

(Ord. 311 Exh. A (part), 1987: Ord. 119 § 1 (part), 1974: prior code § 9401.1(e))

"Harbor director" means the harbor director appointed by the city administrator.

(Ord. 311 Exh. A (part), 1987)

"Harbor patrol" means any and all city employees who are designated and employed by the city as such and who, although not peace officers, do have limited powers to arrest pursuant to Section 836.5 of the California Penal Code for the purpose of issuing citations to appear in court for violation of this chapter.

(Ord. 311 Exh. A (part), 1987: Ord. 119 § 1 (part), 1974: prior code § 9401.1(1))

"Houseboat" means a watercraft on or in the water of Morro Bay, floating or non-floating, which is designated, intended and fitted out as a place of habitation and is not principally used for transportation.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(m))

"Mooring" means any appliance used to secure a vessel in the city of Morro Bay, other than to a pier, which is not carried aboard such vessel as regular equipment when under way.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(f))

"Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the appropriate federal agency.

(Ord. 364 § 2 (part), 1989:Ord. 119 § 1 (part), 1974: prior code § 9401.1(g))

"Pier" means any fixed or floating structure for securing vessels, loading or unloading persons or property or providing access to the water, and includes wharf, dock, float or any other landing facility.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(h))

"Turning basin" means that portion of any channel which has been so designated for the purpose of permitting vessels to turn around or permitting their course or direction to be altered therein.

(Ord. 364 § 2 (part), 1989: Ord. 119 § 1 (part), 1974: prior code § 9401.1(i))

"Vessel" includes every description of watercraft which is designed and principally intended for use as a means of transportation on water and which is capable of being navigated from place to place. (Ord 119 § 1 (part), 1974: prior code § 9401.1(j))

A. "Vessels of a commercial nature" means vessels for which the state of California, Department of Fish and Wildlife has issued a current commercial fishing license, and whose owner or operator holds a current commercial fishing license, and which, within the current calendar year, has been actively used for commercial fishing activities.

B. Such use shall be evidenced by one of the following: (i) for any vessel measuring twenty-six feet or less, gross earnings or fish sales totaling a minimum of five thousand dollars per year must be provided, (ii) for any vessel measuring greater than twenty-six feet in length, gross earnings or fish sales totaling a minimum of $10,000 per year must be provided, (iii) the vessel has fished at least ninety days in the calendar year.

C. Gross earnings or fish sales shall be evidenced by state of California, Department of Fish and Wildlife commercial fish receipts or by the official commercial fish receipts of other west coast states.

D. Proof of ninety days fishing shall be established as provided for in Resolution No. 23-91 as may be amended by the city council, except that use of float plans for qualification purposes is eliminated.

(Ord. 362 § 1, 1989: Ord. 179, 1980: Ord. 119 § 1 (part), 1974: prior code § 9401.1(n))

(Ord. No. 588, § 1, 12-9-14)

"Water of Morro Bay" means all water within the city limits of the city of Morro Bay in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying under the tidal water are privately or publicly owned.

(Ord. 119 § 1 (part), 1974: prior code § 9401.1(k))