[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any person to place, erect, or construct
a mooring in City waters before a revocable permit shall have been
issued by the Harbor Master.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful to moor or anchor a vessel in City waters
until such anchorage or mooring place shall have been first approved
by the Harbor Master. It shall be unlawful for any mooring permittee
to lease or sublet his mooring for use by any boat other than his
own.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful to erect or construct any mooring unless
the mooring shall substantially conform to the following specifications:
(a)
The Harbor Master shall have the right and duty of allocating
a number to each mooring in the waters of the City. There shall be
painted on the mooring buoys, and be legible at all times, the number
allocated to the mooring by the Harbor Master.
(b)
Painters, chains, and fastening on buoys shall be kept in good
and serviceable condition at all times and shall be so arranged that
when dropped they will immediately sink, except in cases of double
moorings when it shall be permissible to connect the two painters
with a line having floats to keep the line afloat at all times.
[§ 2, Ord. 519, eff. July 31, 1969]
No revocable permit shall be issued by the Harbor Master for
a mooring until plans and specifications for such mooring have been
submitted to him by the applicant showing the construction of the
proposed mooring and the location thereof. Such plans, specifications,
and location shall first be approved in writing by the Harbor Master.
[§ 2, Ord. 519, eff. July 31, 1969, as amended by § 1, Ord. 613, eff. December 17, 1975; and § 1, Ord. 624, eff. February 2, 1977; § 1, Ord. 846, eff. August 17, 1989; § 2, Ord. 1009-02, eff. October 17, 2002]
It shall be the duty of the Harbor Master to require that moorings
be lifted by the permittee for inspection and replaced in good condition.
The Harbor Master shall require moorings to be lifted by the permittee
for inspection annually. Such inspection and repairs, as required,
shall be completed prior to May 25 of the year in which they are required
and written evidence of an order for repair and installation service
shall be filed with the Harbor Master on or before March 1 of each
year. Mooring gear shall, at all times, conform to the following specifications:
Boats up to 40 feet, zero inches in length, as specified herein,
shall have not less than 2,500 pounds mooring weight on the bow, and
not less than 2,500 pounds on the stern, connected to the surface
with not less than 3/4 inch chain.
Boats measuring between 40 feet one inch and 50 feet 11 inches
in length, as specified herein, shall have not less than 5,000 pounds
mooring weight on the bow, and not less than 5,000 pounds on the stern,
connected to the surface with not less than 3/4 inch chain.
Boats 51 feet, zero inches in length, as specified herein, and
over shall have not less than 5,000 pounds mooring weight on the bow
and not less than 5,000 pounds on the stern, connected to the surface
with not less than one inch chain.
The Harbor Master, at his discretion, may require additional
weight and chain for boats of excessive weight.
Chains for vessels measuring 50 feet zero inches or less in
length shall be changed every four years for moorings inside Avalon
Harbor and every three years for moorings in Descanso and Hamilton
Coves.
Chains for vessels measuring 50 feet one inch and over shall
be changed every six years.
Mooring hawsers shall be of polypropylene or equivalent and
changed annually. All mooring buoys shall be of a nonmetallic fiberglass
type in construction, including alphabet row and the deep water moorings
as technology presents itself. All mooring buoys shall be painted
annually. The foregoing specifications shall be required:
[§ 2, Ord. 519, eff. July 31, 1969, as amended by § 2, Ord. 540, eff. July 21, 1971; § 1, Ord. 564, eff. January 3, 1973; § 1, Ord. 578, eff. January 2, 1974, and § 2, Ord. 613, eff. December 17, 1975; § 3, Ord. 836, eff. November 15, 1988; § 4, Ord. 1037-06, eff. March 9, 2006]
(a)
The Harbor Master, in his discretion, may permit vessels to
use an unoccupied mooring for guest vessels.
(b)
The permittee shall notify the Harbor Master before midnight
of the night before the day the permittee intends to use the mooring
assigned to him. Failure to do so shall place the Harbor Master under
no obligation to remove a guest vessel.
(c)
No vessel shall be placed at a mooring classified and/or equipped
for a smaller vessel without the written consent of the Harbor Master.
(d)
No vessel less than 14 feet shall be placed at a mooring other
than as provided at the City transient dinghy dock unless such vessel
less than 14 feet is tied off a larger vessel and such larger vessel
has been permitted by the Harbor Master to use that mooring space.
(e)
Notwithstanding subsection (d) above, a vessel less than 14 feet may, with the written consent of the Harbor Master, be left at a mooring space which has been assigned to a larger vessel, from sunrise to sunset.
(f)
In the event the permittee does not own a boat which is registered
with the City for the use of his mooring, and such lack of registered
ownership continues for a period of 120 days, the permit shall be
revoked, and the former permittee shall sell or remove the mooring
hardware within 30 days next following a written demand by the Harbor
Master, and, in the absence of compliance with such demand by the
owner, the title to the mooring hardware shall vest in the City.
(g)
In no event shall a floating home as defined herein be permitted
to be moored or anchored in Avalon waters. A floating structure which
consists only of visitor serving commercial facilities affixed to
a float or barge may be permitted at such times and places as directed
by the Harbor Master and approved pursuant to the waterside permit
procedures and rules set forth in this Title; however, the floating
structure attached to the Pleasure Pier and owned by the holder of
the shoreboat franchise shall be permitted under the franchise agreement
and does not require a waterside permit.
[§ 2, Ord. 519, eff. July 31, 1969, as amended by § 1, Ord. 548, eff. January 19, 1972; § 3, Ord. 613, eff. December 17, 1975, and § 1, Ord. 618, eff. December 31, 1975; § 3, Ord. 1009-02, eff. October 17, 2002]
The owner of a vessel shall pay to the City, for the use of Avalon Harbor and its facilities and services, a permit fee of an amount specified by resolution of the City Council pursuant to § 10-2.218, per month per lineal foot of overall length of the vessel. The provisions of this section shall apply to open water moorings and shall be in effect as long as the boat owner has a permit from the City, or its agents, to moor in Avalon Harbor. Such permit fee shall become due and payable on January 1 of each year and shall be payable in advance.
[§ 2, Ord. 519, eff. July 31, 1969, as amended by § I, Ord. 648, eff. July 19, 1978; § 2, Ord. 959-98, eff. January 14, 1999]
The revocable mooring permits shall provide that if the permit
fee set forth in a resolution duly adopted by the City Council pursuant
to § 10.2.218 is not paid on or before January 1, there
shall be added thereto a penalty equal to 10% of the amount due and
that if, on or before February 1, the permit fee and any penalty owing
are not paid in full, the permit shall not be renewed. Upon the nonrenewal
of such permit, it shall be the duty of the former permittee to immediately
remove the mooring hardware. If the former permittee fails, neglects
or refuses to do so within 10 days after written notification is mailed
to him by the Harbor Master, the Harbor Master may remove the mooring
hardware and the costs thereof shall be paid by the permittee. Such
costs may be collected in any court of competent jurisdiction. At
the option of the Harbor Master, any mooring hardware which is not
timely removed shall become the property of the City.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 832U, eff. August 16, 1988]
Mooring permits may be revoked for:
(a)
Use of harbor facilities in violation of City ordinances, harbor
regulations or other applicable laws;
(b)
Violation of conditions of any mooring permit;
(c)
Failure or refusal of the mooring owner to consent to dye testing of a vessel's marine sanitation facilities pursuant to § 10-2.503(h); and
(d)
Discharge of contaminating wastes into City waters in violation of § 10-2.503.
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The mooring permit shall provide that such permit shall be revocable
for such violations (excluding nonpayment of permit fees) at any time
by the Harbor Master upon giving five days' written notice to the
permittee. Upon such permit being revoked, it shall be the duty of
the former permittee to immediately remove the mooring hardware forthwith.
If he shall fail, neglect, or refuse to do so, the mooring hardware
may be removed by the Harbor Master, and the costs thereof shall be
paid by the occupant of the mooring place. Such costs may be collected
in any court of competent jurisdiction. At the option of the Harbor
Master, the mooring hardware, if not removed forthwith, shall become
the property of the City.
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[§ 2, Ord. 519, eff. July 31, 1969, as amended by § 1, Ord. 521, eff. December 4, 1969; § 3, Ord. 540, eff. July 21, 1971; § 1, Ord. 541, eff. August 5, 1971; § 2, Ord. 564, eff. January 3, 1973; § 2, Ord. 578, eff. January 2, 1974; §§ 4
and 5, Ord. 613, eff. December 17,
1975; § 4, Ord. 1009-02, eff. October 17, 2002; § 1, Ord. 1095-10, eff. June 17, 2010]
Unless otherwise provided in the permit, transfers of revocable
permits pursuant to which permittees are assigned and hold mooring
spaces in Avalon Harbor, shall be permissible provided:
(a)
The purchaser pays to the City a transfer fee as set by resolution
of the City Council. In the event such fee shall not be paid within
10 days after written demand made by the City upon the purported transferee,
the permit to use such mooring may be revoked;
(b)
The transfer is approved in writing by the Harbor Master; and
(c)
In the case of a revocable permit or permits, the fee for which is established by resolution pursuant to § 10-2.207 of this Article, the transfer is to no more than one person or approved type of entity as set forth in regulations issued by the Harbor Department from time to time; if a commercial use is proposed, such person or entity has obtained a business license; the transfer will not change the then present use of the mooring or moorings held pursuant to the permit or permits; and the provisions of subsections (a) and (b) of this section and the length limitations set forth below have been complied with. Otherwise, such permit or permits shall not be transferred without prior Council approval.
(d)
Except as set forth in subsection (e) below, a transfer shall not be approved by the Harbor Master if the vessel to be registered to the mooring exceeds the following Council approved limitations:
(1)
Alphabet row shall be limited to powerboats or retractable-keel
sailboats which are 30 feet, 11.99 inches or less in length.
(2)
The first row seaward of the in-shore fairway, beginning with
mooring No. 1, shall be limited to boats measuring not more than 30
feet, 11.99 inches in length.
(3)
Rows 2 and 3 shall be limited to boats measuring not more than
40 feet, 11.99 inches in length.
(4)
Rows 4 and 5 shall be limited to boats measuring not more than
50 feet, 11.99 inches in length.
(5)
Row six shall be limited to the capacity of the individual moorings
therein.
(6)
Row seven shall be limited to the capacity of the individual
moorings therein.
(7)
Row 8 shall be limited to the capacity of the individual moorings
therein.
(e)
Notwithstanding the foregoing;
(1)
Where a boat registered to a mooring as of August 1, 2002 exceeds
the length limitation set forth above, the permit issued therefor
may continue to be renewed by the holder thereof; however, upon transfer
of the mooring, all length limitations must be met unless the mooring
and vessel are transferred at the same time to the same person or
entity. Upon replacement of any vessel which exceeds the foregoing
length limitations for the mooring to which it is registered, then
all length limitations shall be met.
(f)
Where the Harbor Master determines that a boat requires more
or less mooring space due to its special design, construction or equipment,
he may classify such boat into a footage that he deems appropriate.
[§ 2, Ord. 519, eff. July 31, 1969]
No person shall maintain at any one time more than one mooring
in Avalon Harbor, except under the following circumstances:
(a)
A noncommercial owner of more than one boat may maintain more
than one moorage provided that for any such facilities in excess of
two special authority from the Council first shall be obtained.
(b)
An owner of a boating business duly licensed to do business
in the City may maintain commercial moorages in excess of those for
which he has obtained a business license by authority of the Council
first had and obtained.
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The location of each moorage maintained pursuant to the provisions
of this section shall be approved by the Harbor Master. For each additional
mooring the rate shall be $25 per year in addition to the annual footage
fee. All moorings used as moorings for rental boats as permitted pursuant
to the provisions of this section shall be paid for at the full annual
rate.
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[§ 2, Ord. 519 eff, July 31, 1969, as amended by § 1, Ord. 529, eff. May 20, 1970, § 1, Ord. 534, eff. May 5, 1971; § 1, Ord. 570, eff. April 18, 1973; § 6, Ord. 613, eff. December 17, 1975; §§ I
and II, Ord. 648, eff. July 19,
1978; § 1, Ord. 669, eff.
October 17, 1979; § 1, Ord. 667, eff. August 15, 1979; § 1, Ord.
686, eff. September 17, 1980; § 1, Ord. 690, eff. October 15, 1980; § 1, Ord. 828, adopted July 5, 1988, eff. October
15, 1980; § 4, Ord. 836, eff. November 15, 1988; § 1, Ord. 856, eff. June 14, 1990; § 1, Ord.
959-98, eff. January 14, 1999; § 2, Ord. 1036-06, eff. February 16, 2006]
(a)
Use of Moorings by Guests, Fees. Except as hereinafter provided, it shall be unlawful for any person to use a mooring other than his or her own except by permission of the Harbor Master and except after payment to the Harbor Master of a service charge in an amount specified by resolution of the City Council pursuant to the provisions of § 10-2.218. The mooring assigned to a guest vessel is not guaranteed and such guest vessel may have to relocate on a daily basis as directed by the Harbor Master.
(b)
Payment of Fees. All service charges shall be paid prior to
departure from the assigned mooring. Failure to pay all or any portion
of a service charge which is due and owing prior to departure from
the assigned mooring shall result in a penalty in the amount equal
to the service charges owing, in addition to payment of any service
charge owing. The Harbor Master shall have the authority to waive
the penalty where the person in charge of the vessel first advises
the Harbor Master of the need to remove the vessel from the mooring
for repair or of the vessel owner's desire to move the vessel outside
City waters in order to avoid additional mooring fees, provided the
owner has entered into an agreement for payment of outstanding fees.
No person shall be permitted to pay outstanding fees under a payment
plan more than once in any twelve-month period. There shall be added
to any mooring fees that are more than 14 days past due, interest
at the rate of 0.5% per month. Except when small craft or gale warnings
are in effect, the Harbor Master shall have the authority to deny
use of a mooring in City waters, if there are any outstanding fees
as provided under this Title owed to the City by the owner or person
in charge of such vessel.
(c)
Reduced Fees During Specified Time Period. During the period
from October 15 through Palm Sunday, after payment of the service
charge set forth in this subsection for the first two consecutive
nights a mooring is used, such user shall be entitled to the use of
such a mooring for an additional consecutive period up to and including
five days without charge, provided moorings are available, and provided,
further, no portion of the five day period falls on Palm Sunday. If
a boat remains unattended during this period for more than seven consecutive
days, a service charge shall be paid on the regular nightly basis.
(d)
City-Owned Moorings. Commercial boats which are essential to the operation of the harbor and boats owned by residents of Avalon who have lived continuously on a boat in the harbor for six months, and who maintain the boat in the harbor as their only residence, may be given priority on the application list for obtaining a City-owned mooring, provided residents who vacate the mooring or fail to reside in the boat for more than 18 days in any calendar month shall forfeit the mooring. Moorings made available on a priority basis shall be allocated to vessels of conforming size on a first-come, first-serve basis. No more than 20% of City-owned moorings may be allocated under this priority process. Nontransferable revocable permits for the use of City-owned moorings may be issued by the Harbor Master under a Council-approved list application procedure on a yearly rental basis in an amount set by resolution of the City Council pursuant to § 10-2.218.
(e)
Vessels Less than 14 Feet. The rules governing the mooring of vessels less than 14 feet shall be as provided in § 10-2.206.
(f)
Long Term Vessel Permit Required. Except as provided herein,
the owner or operator of a long term vessel as defined in this article
shall be required to obtain a permit from the Harbor Master by the
fifteenth consecutive day of being moored in City waters during the
applicable period as a condition of continued use of City moorings.
A permit shall not be required of vessel owners and/or operators holding
a revocable mooring permit or operating the vessel pursuant to a Waterside
Permit. Long Term Vessel Permits will be issued beginning on November
1 for a thirty-day period and will be automatically renewed the first
day of each month up to and including March 30 of each year unless
the Harbor Master gives notice to the permit holder that he/she has
become ineligible to be granted an extension for failure to comply
with the conditions thereof.
The permit shall be issued only if all of the following conditions
exist:
(1)
All fees and service charges provided for in this Title are
current or payments under a payment plan are current;
(2)
The Harbor Master has inspected the vessels and the owner and/or operator has demonstrated that it complies with § 10-2.512.
(3)
If the permittee, within the previous three years, has entered
into a payment plan for the payment of outstanding mooring fees or
other Harbor Department charges, the permittee shall also be required
to pay, in addition to the applicable mooring fee(s), a security deposit
in a sum equal to the following one month's mooring fees, refundable
upon expiration of the permit, less any fees owed to the City at the
time of expiration of the permit.
(4)
The vessel is equipped with a functioning marine sanitation
device which complies with U.S. Coast Guard regulations where all
through-hull valves are properly closed to prevent illegal discharge
and/or dumping while in City waters.
(5)
Proof of insurance as described in § 10-2.219.
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The permittee shall comply with all applicable County, State,
and Federal laws, the provisions of the Avalon Municipal Code and
any resolutions adopted by the City Council, and all terms and conditions
of the permit. Failure to comply with these laws, ordinances, resolutions,
or policies shall constitute grounds for revocation of the permit
and may result in the loss of use of City moorings. If the Harbor
Master finds a permittee has violated any term or condition of the
permit, harbor regulations or other applicable harbor related laws,
the Harbor Master may suspend or revoke the permit. A decision by
the Harbor Master to suspend or revoke a Long Term Mooring permit
pursuant to this section shall be appealable to the City Council.
Any such appeal must be filed in writing with the City Clerk within
10 days of the date of suspension or revocation. The suspension or
revocation shall be stayed while the appeal is pending. The appeal
shall be filed in writing and shall specify all of the grounds for
the appeal. If the appeal is denied, suspension or revocation shall
become effective three days following the City Council's decision.
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[§ 2, Ord. 519, eff. July 31, 1969; § 3, Ord. 1036-06, eff. February 16, 2006]
Whenever any vessel secures to a mooring in City waters, with
or without the permission of the Harbor Master, and thereafter does
damage to such mooring or any other mooring in City waters, the owner
and/or operator of such vessel shall be liable for the cost of the
repairs to such mooring so damaged. The amount of such cost of repairs,
together with reasonable attorney's fees, may be recovered by the
City in any court of competent jurisdiction in the State.
[§ 2, Ord. 519, eff. July 31, 1969, as amended by Ord. 586, eff. June 5, 1974, and § 7, Ord. 613, eff. December 17, 1975; § 5, Ord. 836, eff. November 15, 1989; § 2, Ord. 1014, eff. July 3, 2003; § 2, Ord. 1015-03, eff. July 31, 2003; Ord. 1167-18, eff. October 4, 2018]
(a)
Except as hereinafter provided and as provided in § 10-2.206, it shall be unlawful for any person to keep a vessel less than 14 feet in length on a mooring other than as permitted at the City transient dinghy docks.
(b)
The owner of a vessel 14 feet zero inches in length or under
may keep such vessel at a mooring provided the vessel is tied off
to a larger vessel and the larger vessel is registered for that mooring.
(c)
No vessel which is greater than 14 feet zero inches shall be
secured to the City transient dinghy docks.
(d)
No vessel, the beam of which is or which was originally manufactured
to be greater than seven feet zero inches in width, shall be secured
to the City transient dinghy docks. No vessel with a height of more
than 24 inches as measured from the top of the upper edge of a vessel's
side, or "gunwale," to the top of the water shall be secured to the
City's transient dinghy docks.
(e)
No person shall secure or permit to be tied to a City transient
dinghy dock any vessel whose outboard motor is in other than the down
position or in such a position as to expose the propeller in a manner
which may cause damage to other vessels.
(f)
All persons shall comply with signs erected at dinghy docks
regarding time limits and safety regulations.
(g)
No person shall secure or permit to be secured a vessel at the
City transient dinghy docks for a period in excess of 72 consecutive
hours. It shall be unlawful for any person, except as authorized by
the Harbor Department, to remove from a vessel any tag or other marker
affixed to a vessel by the Harbor Department in order to detect violations
of this provision.
[§ 2, Ord. 519, eff. July 31, 1969]
All vessels anchoring or mooring in the waters of the City between
sunset and sunrise shall conform to the rules and regulations of the
United States regarding anchor lights in inland waters of the United
States as set forth in the Navigation Laws of the United States.
[§ 2, Ord. 960-99, eff. March 4, 1999]
Every vessel owner or person in control of a vessel moored within
Avalon Harbor shall remove from the vessel any swordfish plank and
retract all outriggers while in Avalon Harbor during the period from
December 15 through March 15. This requirement shall be made a condition
of all mooring permits issued by the City of Avalon. Violation of
this section shall constitute an infraction. In addition, the Harbor
Master shall have the authority to refuse a mooring inside the Avalon
Harbor to any vessel which is so equipped during the period stated
above.
[§ 2, Ord. 519, eff. July 31, 1969, as renumbered by § 4, Ord. 540, eff. July 21, 1971; § 2, Ord. 867-91, eff. October 30, 1991; § 1, Ord. 911-94, eff. December 1, 1994]
Any order of the Harbor Master issued pursuant to §§ 10-2.201 through 10-2.212, and § 10-2.503 of this chapter, may be appealed to the Council by the person affected, if such person makes written application to the City Clerk, accompanied by a fee as set by resolution of the City Council from time to time, within 15 days after such order shall have been served by the Harbor Master. All appeals shall be set for hearing as soon as reasonably possible. The majority of the Council shall constitute a quorum for the hearing of such appeal and the decision of the majority of the Council in attendance at the hearing shall be final in the matter.
Unless a written request is received by the City Clerk at least
three days prior to the hearing that the appellant wishes to examine
the harbor officer(s) regarding the incident at the hearing, the report
prepared by the Harbor Department shall be accepted as evidence without
the necessity of further testimony by harbor personnel.
[Ord. 766, eff. July 2,
1984; § 2, Ord. 911-94, eff. December 1, 1994]
The Council may from time to time, by resolution, set new and different rates and fees pursuant to § 10-2.207 (Mooring Places: Permits: Fees), § 10-2.210 (Mooring Places: Permits: Transfers), § 10-2.212 (Mooring Places: Use of By Guests: Fees), § 10-2.217 (Appeals: Fees) and § 10-2.402 (Use of Harbor Facilities).
[§ 7, Ord. 1035-06, eff. February 16, 2006; § 1, Ord. 1104-11, eff. February 17, 2011; amended 12-17-2019 by Ord. No. 1179-19, effective 1-16-2020]
All vessel owners and/or operators holding a revocable mooring
permit and/or operating a vessel pursuant to a waterside permit, and
any person using a mooring as a guest or anchored in City waters for
more than 15 consecutive days during the period from November 1 to
March 30, or who departs City waters and returns to City waters and
uses a mooring or anchors within City waters such that the total number
of days moored or anchored in City waters is more than 15 days within
any thirty-day period of time or more than 60 days during a calendar
year, or is moored or anchored in City water for more than 30 consecutive
days during the period from April 1 to October 31, shall provide proof
of current and valid protection and indemnity (P & I) or watercraft
liability insurance with limits of at least $500,000 which names the
City of Avalon, its officials, employees, and volunteers as an additional
insured. The minimum coverage may be changed upon the request of the
City's coverage or insurance provider, in which case vessel owners
and operators will secure such increased coverage upon notice from
the City. Vessel owners or permittees shall provide immediate written
notice if: 1) any of the required insurance policies are terminated;
2) the limits of any of the required polices are reduced; or 3) the
deductible or self-insured retention is increased. In the event of
any cancellation or reduction in coverage or limits of any insurance,
owner or operator shall forthwith obtain and submit proof of substitute
insurance. A provision allowing for cost recovery for salvage and
pollution control shall be included in the P & I or watercraft
liability insurance.
