Morro Bay Municipal Code Ch. 15.28 Moorings and Anchorage Areas

It is a violation of this chapter for the owner or any other person having charge of any vessel to moor or anchor the same within the waters of Morro Bay except within the areas and at the place or places designated by the harbor director. Any vessel which is moored or anchored at a place not designated for such vessel by the harbor director shall, upon the demand of the harbor director, be forthwith moved to the place or places designated therefor. In the designation of areas and the place or places for the mooring or anchoring of vessels, the harbor director shall be governed by the needs of commerce, the utilization of turning basins for the turning of vessels, the use of channels for the moving and navigation of vessels and the economy of space. Rules and regulations governing the use of mooring areas shall be established by resolution of the city council. Moorings shall be installed, maintained and inspected in accordance with specifications established by the city.

(Ord. 364 § 1 (part), 1989; Ord. 119 § 1 (part), 1974: prior code § 9406.1)

The harbor director shall create mooring zones within the anchorage areas of the waters of Morro Bay as designated on U. S. Maritime charts. The established anchorage areas, designated as A-1 and A-2, shall be divided into zones designated as A-1-1 through A-1-5 and A-2. The zones shall be delineated on Diagram 15.28.020 codified in and made a part of this chapter. Each zone shall be further divided into specific mooring and/or anchorage locations by a grid to delineate specific mooring locations. Each mooring location shall be identified by an appropriate numbering system so as to rapidly and positively locate each mooring. Mooring locations shall be arranged, insofar as practicable, so as to locate vessels of similar size in the same area within each mooring zone. A map depicting mooring zones, the city-designated anchorage area and specific mooring locations shall be available to the harbor patrol and to the public for reference.

(Ord. 364 § 2 (part), 1989: Ord. 119 § 1 (part), 1974: prior code § 9406.2)

The harbor director shall establish color codes and numbering markings for each zone and each mooring so as to clearly differentiate zones and moorings within zones. Each mooring shall be painted and numbered so as to be clearly visible from the water. It shall be the responsibility of the harbor director to assure that mooring owners or operators maintain mooring markings in accordance with this section.

(Ord. 364 § 1 (part), 1989: Ord. 119 § 1 (part), 1974: prior code § 9406.3)

It is the policy of the city to lease a portion of Zone A-1-3 for use by the Morro Bay Yacht Club to serve transient vessels and Zone A-1-4 to a commercial mooring operator or operators for installation and rental of individual moorings. Zones A-1-1 through A-1-2 and Zone A-2 shall be reserved for the rental of specific mooring locations to individuals and Zone A-1-5 shall be reserved by the city to provide an anchorage and/or mooring area for transient vessels.

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In the event that individual moorings in Zones A-1-1 through A-1-2 and A-2 are not in use for a ten-day period, the city may, at its option, rent these moorings to individuals at the same fee charged at city piers. Rents collected will be credited to the lessees account in the same manner as slip sublease rents collected as detailed in Resolution 09-81.

The leasing of mooring zones by commercial mooring operators shall be determined by bid in accordance with specifications and conditions established by the city. Mooring locations within the zone or zones reserved for private individuals shall be rented on an individual basis by application to the harbor director.

The lease or rental term for mooring zones or individual mooring locations shall not exceed a total of one year, which term may be renewable at the option of the city; provided, that if the city at any time requires the movement of the mooring zones, or movement of individual mooring locations due to realignment of the navigable channel, or to perform necessary dredging operations, or for any reason deemed appropriate by the city council, then such lease or rental term shall be terminated. In such case, the city may provide comparable mooring space for the duration of the lease or rental term. This will not be interpreted as interfering with the long-term leases between the city and the Morro Bay Yacht Club or commercial mooring operators.

Installation, maintenance and inspection of moorings shall be in accordance with and subject to city specifications and conditions. Installation, maintenance and inspection costs shall be at the expense of the commercial mooring operator, the Morro Bay Yacht Club or individual mooring owner. Each mooring shall be inspected for general condition and safety biannually by the chief harbor patrol officer and/or his delegates. This inspection will not be interpreted as causing liability to transfer to the city of Morro Bay. Such inspection is due on the anniversary of the lease.

In the event that a mooring owned, installed and maintained by a commercial operator, the Morro Bay Yacht Club or a private individual is abandoned, or in the event that rental fees owed to the city are in arrears for sixty days, or in the event that the leasee fails to comply with the inspection and repair requirements within thirty days following the anniversary, then the harbor director may have the mooring removed and the boat stored in drydock, or in any convenient and reasonable manner at the sole cost of the mooring owner. In the event that the mooring owner fails to reimburse the city within thirty days following removal, then the city may sell the mooring to recoup the cost of the mooring removal and administrative costs associated with that removal. The proceeds of that sale are to be deposited in the harbor fund.

(Ord. 364 § 2 (part), 1989: Ord. 218, 1982: Ord. 119 § 1 (part), 1974: prior code § 9506.4)

If any vessel arriving and anchoring, or being moored or fastened to any wharf or other vessel within the water of Morro Bay shall be so moored, secured or placed as to be unsafe or dangerous to any other vessel previously lying at anchor in the harbor, or moored or fastened as aforesaid, or moored or placed in violation of any provision of this chapter, the harbor director is authorized to order and direct the position of the vessel to be changed in such manner as to eliminate such insecurity, danger or violation of this chapter, and the owner or other person having charge of such vessel shall make such changes as directed by the harbor director, and upon the failure or refusal of such owner or other person in charge of such vessel to change the position or the securing of the vessel, as directed by the harbor director, or if the owner or other person in charge of such vessel cannot be readily located, the harbor director is authorized to board such vessel with such assistance as may be necessary and change the position or securing of such vessel, and the expense of changing the position of such vessel or of arranging the method of securing rigging thereon may be recovered from the owner of such vessel.

(Ord. 364 § 2 (part), 1989: Ord. 119 § 1 (part), 1974: prior code § 9406.5)

It is a violation of this chapter for any person to make fast or tie any vessel to a mooring occupied by another vessel, or to make fast or tie to a vessel already occupying a mooring; except, row boats and yacht tenders regularly used by vessels for transportation of persons or property to or from shore may be tied to any such mooring or vessel.

(Ord. 119 § 1 (part), 1974: prior code § 9406.6)

It is a violation of this chapter for any person to tie up or anchor a vessel within the waters of Morro Bay in such a manner so as to prevent or obstruct the passage of other vessels or voluntarily or carelessly to sink or cause to be sunk any vessel in any channel or to float loose timbers, logs or piles in any channel in such a manner as to obstruct, impede or injure navigation, and whenever a vessel is wrecked or sunk in Morro Bay, accidentally or otherwise, it shall be the duty of the owner thereof immediately to mark it by a buoy during the day and by a lighted lantern at night, and to maintain such markings until the sunken vessel or obstruction is removed, and the neglect or failure of such owner to do so is unlawful. The owner thereof shall immediately commence the removal of the obstruction and prosecute the removal diligently to completion and any failure to do so shall be unlawful and constitute an abandonment of such vessel. Whenever any navigable water within the city limits of Morro Bay shall be obstructed or endangered by any vessel or other obstruction, which obstruction or danger has existed for a period of ten days or longer, or whenever the abandonment of a vessel or other obstruction can be legally established in a lesser space of time, the vessel or other obstruction shall be subject to be removed, sold or otherwise disposed of by the city at its discretion without liability for any damage to the owners of the same.

(Ord. 364 § 2 (part), 1989: Ord. 119 § 1 (part), 1974: prior code § 9406.7)

Except as herein provided, it is a violation of this chapter for any person to place, erect, construct or maintain any mooring or buoy in the waters of Morro Bay which are within the corporate limits of the city.

(Ord. 119 § 1 (part), 1974: prior code § 9406.8)

The owner or operator of every privately owned mooring and the owner or operator of every vessel using any mooring owned or operated by the city shall pay to the city the fee for such use as shall be listed in the Master Fee Schedule.

(Ord. 364 § 2 (part), 1989: Ord. 225 § 93, 1982; Ord. 119 § 1 (part), 1974: prior code § 9406.10)