[§ 2, Ord. 519, eff. July 31, 1969]
Floats, wharves, docks, and other harbor facilities may be maintained
by the City, and such harbor facilities shall be available for the
loading and unloading of passengers, supplies, and boating gear and
for similar purposes in such manner as will best serve the public
use thereof and avoid congestion and the blocking of such facilities.
The Harbor Master is hereby vested with authority to control the use
of such facilities and to regulate the time and manner of such use
for the purpose of maintaining such facilities available to the public
at all times.
[§ 2, Ord. 519, eff. July 31, 1969, as amended by § 2, Ord. 521, eff. December 4, 1969; § 1, Ord. 535, eff. May 5, 1971; § 9, Ord. 613, eff. December 17, 1975; § 1, Ord. 654, eff. December 4, 1978, and § 1, Ord. 680, eff. August 6, 1980; § 1, Ord. 798, eff. December 18, 1986; § 1, Ord. 829, eff. August 18, 1988; §§ 1
— 2, Ord. 882-92, eff. October
1, 1992; § 1, Ord. 994-01, eff. March 22, 2001; § 2-6, Ord. 995-01, eff. July 1, 2001; § 1, Ord.
996-01, eff. May 3, 2001; §§ 3, 4,
5, Ord. 1004-02, eff. March 21,
2002; § 1, Ord. 1023-04, eff. July 1, 2004; § 1, Ord. 1034-05, eff. October 20, 2005; § 1, Ord. 1108-11, eff. July 21, 2011; § 2, Ord. 1153-17, eff. March 9, 2017; Ord. 1171-18, eff. January 17, 2019; amended 10-20-2020 by Ord. No.
1191-20, effective November 19, 2020]
Wharfage, dockage, landing and use fees for the use of or impact
upon any harbor or harbor-related facility owned or controlled by
the City of Avalon shall be as follows:
(a)
Except as otherwise specifically provided in this article, for
all boats, ships, vessels, airplanes or other transportation facilities
carrying passengers for hire or charter, whether operating under the
authority of the California Public Utilities Commission or not, which
land, discharge, load, or embark passengers on, to, or from such City
harbor facilities, $2.50 for each passenger so landed, discharged,
loaded or embarked. Commencing on March 1, 2019, and ending June 30,
2025, the fee shall be increased as follows:
(1)
$3 for each passenger so landed, discharged, loaded, or embarked.
(b)
Except as otherwise provided in paragraph (6) below, for all cruise ships, the fee as laid out in subsection (a) above, which fee shall be levied upon 100% of the manifest passengers, excluding persons employed upon the vessel. As used in this section "cruise ship" means a vessel which lists Avalon as a port-of-call and which anchors so as to permit passengers to disembark and to return to the same vessel. Commencing on July 1, 2017, the fee shall be increased as follows:
(1)
$3 for each passenger so landed, discharged, loaded, or embarked
between July 1, 2017 and June 30, 2018;
(2)
$3.50 for each passenger so landed, discharged, loaded, or embarked
between July 1, 2018, and June 30, 2019;
(3)
$4 for each passenger so landed, discharged, loaded, or embarked
between July 1, 2019 and June 30, 2020;
(4)
$4.50 for each passenger so landed, discharged, loaded, or embarked
between July 1, 2020 and June 30, 2021;
(5)
$5 for each passenger so landed, discharged, loaded, or embarked
on or after July 1, 2021; and
(6)
In consideration for a cruise line deploying a second ship to
Catalina for 50 or more calls per year, the City of Avalon will pay
to the cruise line an annual marketing incentive equal to 50% of the
wharfage fees collected for the second ship, payable quarterly, in
arrears.
(c)
For businesses engaged in the operation of excursion boats using
such facilities for landing, discharging, loading or embarking passengers
on, to, or from such facilities, 7% of the gross receipts of such
business derived from such use. For the purpose of this section, "excursion
boats" shall mean vessels operating from points in the City and returning
thereto for sightseeing scenic tours or as pleasure cruises, and carrying
passengers for hire, but not providing facilities for overnight stays.
(d)
For businesses engaged in the operation of "shore boats," as defined herein, and using such facilities for landing, discharging, loading or embarking passengers on, to, or from such facilities, 7% of the gross receipts of such business derived from such use, excepting therefrom receipts for transportation of passengers to and from "cruise ships," as defined in subsection (b) herein, or as otherwise provided in an applicable franchise agreement issued pursuant to § 10-2.410. For the purpose of this section, "shore boats" shall mean vessels carrying passengers or freight for hire to and from boats moored within or without City waters to the shore in Avalon, between such boats in City waters or between points on the shore in Avalon.
(e)
Operators of fishing tournaments whose participants use City harbor facilities during the course of such tournaments shall comply with the provisions of Title 3, Chapter 3-3 regarding admissions taxes as applied to entry fees charged for participation in such tournament.
(f)
For all other businesses not otherwise expressly provided for in this § 10-2.402 carrying passengers for hire by vessel from points in the City and returning thereto, or from one point in the City to another point therein, or engaged in the renting, leasing, or chartering of boats, paddle boards, rafts, or other floating watercraft for hire and using City harbor facilities, or whose patrons regularly use such facilities for launching, landing, boarding, unloading, embarking or disembarking, docking, or other similar uses, or whose business activities involve the use of such facilities, 7% of the gross receipts derived from such use.
(g)
The fees for the use of such facilities by those not falling within the classifications set forth in subsections (a) through (d) of this section shall be determined initially by a schedule adopted by the Council or shall be incorporated into the flat rental of any contract, permit, lease, franchise or other agreement entered into for use of the facilities.
(h)
Businesses which fall within subsections (c), (d) and (f) may exclude from gross receipts otherwise subject to harbor use fees: (1) gross receipts from the sale of marine parts; and (2) gross receipts from marine services rendered to the holder of a valid waterside permit issued pursuant to §§ 10-2.412 through 10-2.416.
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The fees authorized by the provisions of this section shall be in addition to any rents paid to the City, and all other taxes, license and permit fees, if any, including those paid pursuant to the provisions of § 10-2.410 of this article. There shall be a credit of taxes paid, if any, pursuant to the provisions of Title 3, Article 3, Chapter 3-3 and § 3-1.204 subsections (b) through (f).
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[§ 8, Ord. 1004-02, eff. March 21, 2002]
All fishing tournament operators required to pay the fees set forth in subsection (e) of § 10-2.402 of this article shall submit to the Finance Department a list of all boats charged an entry fee to participate in the tournament and shall pay the fees provided for in said section. The statement and use fee payment shall be submitted before the tenth day of the month immediately following the end of the tournament.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 816, eff. December 3, 1987; § 2, Ord. 996-01, eff. May 3, 2001]
(a)
All boats, ships, vessels, airplanes, or other transportation facilities carrying passengers for hire or charter and required to pay the fees set forth in subsection (a) of § 10-2.402 of this article shall submit to the Harbor Master or his deputy and to the Finance Director a monthly statement of the number of passengers landed, discharged, loaded, or embarked and shall pay the fees provided for in said section. Such statement shall be filed before the tenth day of the month immediately following each subject month.
(b)
In all cases where the wharfage, dockage, or use fees are based
upon gross receipts or passenger counts, the business user shall submit
to the Director of Finance, for his guidance in ascertaining the amount
of the fees to be paid, a monthly written statement, on a form to
be provided by the Director of Finance under oath or penalty of perjury,
setting forth such information concerning the user's gross receipts
or passenger counts derived from such use during the preceding month
as may be required by the Director of Finance to enable him to ascertain
the fees to be paid by such business user pursuant to the provisions
of this article. Such gross receipts statements shall be filed on
or before the last day of each calendar month for the preceding calendar
month.
(c)
No statement of receipts shall be conclusive on the City but
shall be subject to audit and verification by the Director of Finance,
his deputies, or authorized agents of the City, who are hereby authorized
to examine, audit, and inspect such books and records as may be necessary
to verify or ascertain the amount of fees due.
(d)
All gross receipts, statements or estimates required by this
article shall be confidential and are hereby declared not to be public
records. Any unauthorized disclosure or use of such information by
any officer, agent, or employee of the City shall be subject to the
penalty provisions of this Code in addition to any other penalties
provided by law.
(e)
All persons engaged in business subject to the provisions of this article are required to keep such books and records as are necessary for the City to determine upon audit thereof the amount of fees due and to permit examination thereof for the purposes of this section. Where the City determines that a person engaged in business subject to the provisions of this article does not keep such books and records as are necessary for the City to determine the amount of fees due, it may direct the business as to the types of books and records which shall be kept by such business thereafter. Failure to thereafter keep such books and records as directed and failure to submit to an audit shall be grounds for suspension or revocation of a waterside permit held by such business as provided in § 10-2.415.
[§ 2, Ord. 519, eff. July 31, 1969]
All boats, ships, vessels, airplanes, transportation, or other facilities set forth in subsection (a) of § 10-2.402 of this article shall have and maintain an accurate written record of all passengers landed, discharged, loaded, or embarked, which record shall be made available on demand to the City or its duly authorized agent for audit. If such audit shall disclose an error in such record, which error would require an additional payment to the City and which is the result of improper or careless accounting practices, the owner or operator of such boat, ship, vessel, transportation facility, or business shall pay to the City the additional fees disclosed thereby and the reasonable cost of such audit, plus a sum equal to 10% of the additional amount of fees found due and owing by such audit.
[§ 2, Ord. 519, eff. July 31, 1969]
The Harbor Master or his deputy shall, from time to time, make
an actual physical check of the passengers actually landing, discharging,
loading, or embarking against the statement of the number of passengers
landed, discharged, loaded, or embarked furnished to him by the owner
or operator of such boats, ships, vessels, airplanes, or other transportation
facilities or businesses.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 816, eff. December 3, 1987]
All fees required by the provisions of this article shall become
due and shall be paid on or before the last day of the month immediately
following each calendar month. If any such amount so payable is not
paid by the last day of the immediately following month, there shall
be added to such amount interest payable at the rate of 1/2 of 1%
per month on the amount of the tax for each month, or portion thereof,
from the date the tax is first delinquent. If such tax is delinquent
and unpaid, there shall in addition be added thereto a one-time penalty
in the amount of 10% of the amount of tax, computed from the date
the tax first becomes delinquent.
[§ 2, Ord. 519, eff. July 31, 1969]
Any and all amounts due pursuant to the provisions of this article
may be collected by the City by means of an action brought in any
court having jurisdiction thereof, in which action the defendant shall
be required to pay the costs of such action, together with such attorneys'
fees as the court may find to be reasonable.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any captain, master, or other person
in charge or control of any boat, ship, or vessel to land or discharge,
or to attempt to land or discharge, any passengers at, on, or over
the City facilities without the payment of the wharfage and dockage
fees required.
[§ 2, Ord. 519, eff. July 31, 1979; § 2, Ord. 654, eff. December 4, 1978; § 1, Ord. 726U, eff. September 7, 1982; § 1, Ord. 727, eff. September 21, 1982; § 1, Ord. 811, eff. October 1, 1987; § 2, Ord. 849, eff. October 19, 1989; § 2, Ord. 872-92, eff. April 2, 1992; § 6, Ord. 994-01, eff. March 22, 2001; § 7, Ord. 995-01, eff. July 1, 2001; §§ 5,
6, 7, Ord. 1004-02, eff. March 21,
2002]
(a)
The City facilities serve as a primary point of ingress and
egress for large numbers of people and their relatively small size
make necessary control and coordination of businesses operating on
the City facilities to avoid undue congestion, to assure against hazard,
excessive noise and traffic and to prevent confusion and injury.
(b)
It is necessary and vital to the safe and efficient movement
of people through the City facilities that the number, nature and
scope of businesses on the City facilities be regulated to protect
the safety and welfare of all persons. The Council shall, accordingly,
have the power and authority, in its discretion, to authorize the
use or occupation of the City facilities or some portion thereof to
any person by issuance of a waterside project permit. It shall be
unlawful for any person, entity or business to use or occupy City
facilities for any business purpose, including all land transportation
services, without first being issued a waterside project permit by
the City Council and entering into a permit agreement.
Notwithstanding the foregoing, the City Council may, in its
discretion, award exclusive franchises for shore boat service and
baggage handling service on the Mole, for a term not to exceed five
years. Such franchises are vital and necessary to the public safety
and welfare in that a proliferation of such services within the limited
area available would make for excessive traffic congestion and confusion.
(c)
Neither franchisee need obtain a separate waterside project
permit under this section but shall be holders of a City business
license. The franchisee shall enter into a franchise agreement with
the City which sets forth the terms and conditions of operation of
such services.
(d)
For the reasons set forth in paragraphs (a) and (b) above, it
is necessary to establish limitations and restrictions on businesses
providing nonvital recreational services in the harbor. The following
regulations are designed to reduce congestion and to encourage safe,
reliable, and year-round provision of recreational services:
(1)
No more than 114 watercraft rentals-without-operator vessels
shall be granted harbor permits.
(2)
All businesses operating in the harbor, except those enumerated
in paragraph (b) of this section and fishing tournament operators,
shall maintain a shore base of operations or an office on Santa Catalina
Island. Such office shall have a business telephone which is covered
24 hours per day. Any answering service or mechanical means of recording
messages may be used provided messages are checked by the operator
no less than three times per day.
(3)
All businesses operating in the harbor, except those enumerated in paragraph (b) of this section shall provide an insurance policy in compliance with § 1-6.01 of this Code, shall hold a City business license and shall hold all necessary permits, licenses, certificates or other similar approvals necessary under the law for the type of service performed.
(4)
In addition to the provisions of § 10-2.402, all businesses operating within the harbor, except those operating pursuant to a franchise issued by the City, shall:
(i)
In the case of new cross-channel carriers, obtain and keep in
force a bond or bank letter of credit to secure payment of wharfage
fees in the amount of $100,000. After five years of continuous operation,
and once annually thereafter, the cross-channel carrier may request
the City Council to eliminate or reduce the security. Upon consideration
of such request, the City Council should give consideration to the
carrier's history of timeliness of payments, any planned or foreseeable
significant changes in operation which may impact expenses and revenues,
the tariff schedule, a current statement of assets and liabilities,
and business plan or other projection of revenues and expenses.
(ii)
In the case of waterside permit holders other
than cross-channel carriers and other than fishing tournament operators
subject to this article which have held fishing tournaments in Avalon
prior to the effective date of this ordinance[1], pay to the City a nonrefundable use fee deposit of $1,000, payable in two installments of $500 each, the first installment on the inception of operations within the Avalon Harbor and the second on August 1. The use fee deposit may be applied against use fees due and owing under § 10-2.402 at such time that the permittee has made timely payment of use fees for 13 consecutive months.
[1]
Editor's Note: Ordinance No. 1004-02, effective March 21,
2002.
(iii)
In all cases where the business operates seven or more months during any twelve-month period, pay to the City use fees under § 10-2.402 no fewer than seven months of any twelve-month period, and in no event less than the sum of $25 per month for each month the business is operating and reports sales receipts.
(iv)
In all cases except fishing tournament operators,
where the business operates fewer than seven months during any twelve-month
period, pay to the City a use fee of $200 for each month the business
is closed or does not report any sales receipts.
(5)
The charges authorized by paragraph (4) of this section shall
be in addition to any payments pursuant to the provisions of any lease
agreement.
(6)
All vessels over 16 feet in length operated for hire or used
to conduct work in the harbor shall be equipped with a marine radio
which shall be monitored at all times that the vessel is in operation.
(7)
All businesses operating in the harbor shall maintain all equipment,
materials, facilities, machinery and vessels utilized in the operation
of the licensed business in a good and working condition, and such
businesses shall only employ workers who are qualified to conduct
the duties appropriate to the licensed business.
(e)
For the purposes of this section, "harbor" shall mean that area
from inside Cabrillo Mole to inside Casino Groin.
[§ 2, Ord. 736, eff. April 14, 1983; § 2, Ord. 872-92, eff. April 2, 1992]
No person, other than an owner or lessee thereof, may repair,
replace, renovate, construct, install or otherwise service moorings
in City waters without first having obtained a franchise therefor
from the City. This franchise shall be in addition to any business
license otherwise required by this Code, but shall satisfy the waterside
project permit requirement of § 4-2.410.
Applications for mooring service franchises shall be submitted
on forms provided by the City containing such information as is required
by the City Manager. The City Council may grant a franchise for mooring
services, if upon review of the application, the Council makes the
following affirmative findings:
(a)
The applicant will operate the mooring service on a 24 hours
per day basis for 12 months a year.
(b)
The applicant demonstrates the financial capability, skills,
qualifications and facilities properly to perform mooring services.
(c)
The applicant has presented facts demonstrating a need for operation
of the proposed business in City waters.
(d)
The proposed business will not have a deleterious impact on
the public health, safety and welfare.
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The term of any such franchise shall not exceed five years.
The franchise shall enter into a franchise agreement with the City
which sets forth the terms and conditions of operation of such service,
including a franchise fee to be paid to the City.
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[§ 2, Ord. 519, eff. July 31, 1969, as amended by § 1, Ord. 736, eff. April 14, 1983; § 2, Ord. 872-92, eff. April 2, 1992; § 2, Ord. 920-95, eff. August 31, 1995; § 3, Ord. 996-01, eff. May 3, 2001; § 1, Ord. 1004-02, eff. March 21, 2002; § 1, Ord. No. 1122-13, eff. September 19, 2013]
(a)
Permit Required. No person shall conduct any business or commercial enterprise in City waters or hold himself out as available to conduct any business or commercial enterprise which emanates from City waters, and including any business or commercial enterprise whose patrons use shoreboats to be transported to the enterprise's vessel(s), unless a waterside permit has been obtained therefor in accordance with administrative procedures adopted by resolution and on forms to be approved by the City Manager. Except with respect to businesses described in subsection (b), the application shall include, among other information:
(1)
The name, address and telephone number of the applicant and,
if the applicant is other than a natural person, the names and addresses
of all partners, officers or members of the entity and the name of
the agent for service of process;
(2)
The names of vessels, a description of the business to be carried
on by means of such vessels, and a reference to the business and other
license(s), held by such applicant;
(3)
A description of the space on City facilities, floats, or landing
stages that the applicant desires to use in carrying on such business;
and
(4)
A statement to be signed by the applicant acknowledging that
if such permit is granted, he will conduct his business in accordance
with the laws of the City in relation thereto, the terms of the permit
and all rules and regulations regarding City facilities; that the
permit may be revoked at any time by the Council for violations of
the foregoing, including failure to pay use fees; and that the decision
of the Council as to the revocation of any permit shall be final and
conclusive.
(b)
Fishing Tournaments. Persons or entities which conduct fishing
tournaments within Avalon Harbor shall submit an application which
includes the following information:
(1)
The name, address and telephone number of the applicant, and
if the applicant is other than a natural person, the names and addresses
of all partners, officers or members of the entity and the name of
the agent for service of process;
(2)
The name of the tournament, a description of the tournament
including the proposed dates therefor, the maximum number of participating
vessels, and a reference to the business and other license(s) held
by such applicant;
(3)
A description of the space on City facilities, floats, or landing
stages that the applicant desires to use in carrying on such business;
and
(4)
A statement to be signed by the applicant acknowledging that
if such permit is granted, he will conduct his business in accordance
with the laws of the City in relation thereto, the terms of the permit
and all rules and regulations regarding City facilities; that the
permit may be revoked at any time by the Council for violations of
the foregoing, including failure to pay use fees; and that the decision
of the Council as to the revocation of any permit shall be final and
conclusive.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 872-92, eff. April 2, 1992]
Where a waterside project permit is desired for a person to
carry on business as an employee or agent for any person, the application
for such permit shall be approved by the principal of such person,
and such permit may be revoked at any time without notice to the holder
thereof upon the request of such principal so to do.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 872-92, eff. April 2, 1992]
All waterside project permits shall be on forms to be adopted
by the Council and shall include such terms and conditions, in addition
to those set forth in this chapter, as the Council may determine from
time to time to be necessary or advisable to preserve the public peace
and quiet on the City facilities or to protect the public welfare,
and all such terms and conditions included in any such permit shall
be binding on the holder of such permit to the same extent as though
expressly set forth in this chapter.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 872-92, eff. April 2, 1992]
(a)
Suspension. The Council may, in its discretion at any time,
as a penalty for the violation of the provisions of any waterside
project permit, suspend the same for a period to be fixed in such
order of suspension.
(b)
Revocation. All waterside project permits issued shall be granted
and accepted by all persons receiving such permits with the express
understanding that the Council may revoke the same at any time if
satisfied that any of the conditions of the permit or provisions of
this chapter have been violated, or that such permit was obtained
by fraudulent representation, or that the holder of any such permit
is an unfit person to be entrusted with the privileges granted by
such permit; provided, however, no permit shall be revoked without
first giving the holder an opportunity to appear before the Council
in his own behalf, except as to an employee or agent of some other
person holding a waterside project permit who requests such revocation.
[§ 2, Ord. 519, eff. July 31, 1969; § 2, Ord. 726U, eff. September 7, 1982; § 2, Ord. 727, eff. September 21, 1982; § 3, Ord. 849, eff. October 19, 1989; § 2, Ord. 872-92, eff. April 2, 1992; § 2, Ord. 1004-02, eff. March 21, 2002; § 2, Ord. 1122-13, eff. September 19, 2013]
(a)
Except for business operations described in subsection (b), the City Council shall grant a waterside permit for use of or operations upon, in or affecting City waters, facilities, provided it is able to make the following affirmative findings:
(1)
The project will not result in a substantial alteration of the
City's present or planned waterside uses of the Avalon Harbor;
(2)
With regard to transportation and circulation, the project (i)
will not generate substantial additional boat trips, including shoreboat
trips, or other movement within Avalon Harbor; (ii) will not have
a substantial negative impact upon existing mooring, docking, or other
anchorage facilities; (iii) will not have a substantial impact on
other modes and systems of transportation; (iv) will not result in
substantial alterations to present patterns of circulation or movement
of people and/or goods; (v) will not increase traffic hazards to swimmers,
boaters, or other existing activities; and (vi) will not restrict
or alter existing coastal access;
(3)
The project will not have a substantial effect upon and will
not result in a need for new or altered governmental services, including
but not limited to, fire, police, maintenance of facilities, and harbor
department services;
(4)
The project will not result in the use of substantial amounts
of fuel or other forms of energy or substantially increase the demand
upon existing sources of energy or require the development of new
sources of energy;
(5)
The project will not result in a need for new utility systems
or a substantial alteration of existing sources or systems for power,
natural gas, communications, water, sewage disposal or solid waste
disposal;
(6)
The project will not obstruct any scenic vista or view open
to the public, and will not result in the creation of an aesthetically
offensive site which is open to public view;
(7)
The project will not result in a substantial negative impact
upon the quality and quantity of existing recreational opportunities
or result in alterations or restrictions to coastal access;
(8)
The applicant is fit to be entrusted with the privileges of
a permit, in that he has not engaged in prior violations of City's
harbor regulations, including the provisions of this article, has
timely paid any harbor-related fees and has not presented checks returned
for insufficient funds.
(9)
The applicant has a license to do business in the City, in good
standing and is current on all fees and charges due to the City;
(10)
The applicant can demonstrate compliance with all Federal, State,
and local laws, including all applicable City zoning laws.
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The City Council may deny the permit where the impacts listed in paragraphs (1) through (10) above are cumulatively significant, even though the individual impacts are limited. The City Council may approve a project where mitigation measures eliminating significant impacts are incorporated into the project, and the approval shall be conditioned upon the implementation of such mitigation measures. The failure to comply and maintain any mitigation measures shall be a basis for suspension or revocation of a waterside project permit pursuant to § 10-2.415.
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(b)
The Harbor Master shall grant a waterside project permit for
fishing tournament operations if he is able to make the following
affirmative findings:
(1)
The tournament will not result in substantial harbor congestion
or conflict with other previously scheduled events;
(2)
The tournament will be conducted after Labor Day and not prior
to May 15 if the tournament is one which does not donate 50% or more
of its gross proceeds to a nonprofit group or groups which primarily
serve residents of Catalina Island; and
(3)
There are sufficient resources to accommodate the maximum number
of vessels expected to participate in the tournament.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any master, owner, agent, or other
person having the charge or control of any boat, vessel, or watercraft
to lay at, remain alongside, or tie up to the City facilities, or
any float, landing stage, or approach thereto in use in connection
therewith, for any longer period than is actually necessary to take
on board the passengers or freight in waiting on the City facilities
or float and ready to be taken aboard, or than is actually necessary
to discharge the passengers or freight of any such boat or vessel.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any master, owner, agent, or other
person having the charge or control of any boat, vessel, or watercraft
to lay at or remain alongside the City facilities, or any float, landing
stage, or approach thereto in use in connection therewith, for a longer
period than 10 minutes; provided, however, if it is impossible to
receive on board all the passengers or freight in waiting on the City
facilities or float for such boat or vessel, or to discharge all the
passengers or freight from any such boat or vessel during such period,
by using all reasonable diligence so to do, such period shall be extended
until all such passengers or freight are taken aboard or discharged,
as the case may be.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any captain, master, or other person
having the charge or control of any boat, ship, or vessel to land
or discharge freight or passengers upon, or to take on board or receive
freight or passengers, from any public street in the City or from
any portion of the beach or waterfront of the City under the control
of the City other than the City facilities.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any person to land, or attempt to land,
from any boat, ship, or vessel carrying passengers for hire, upon
any public street in the City or upon any portion of the beach or
waterfront of the City under the control of the City other than the
City facilities, or to go aboard any such boat, ship, or vessel carrying
passengers for hire from any public street in the City or from any
portion of the beach or waterfront of the City under the control of
the City other than the City facilities.
[§ 1, Ord. 726-U, eff. September 7, 1982; § 3, Ord. 727, eff. September 21, 1982; § 1, Ord. 973-00, eff. March 2, 2000]
The Traffic Engineer is authorized to determine and mark loading
and passenger loading zones of Harbor facilities in accordance with
Article 11 of Title 4, and may establish such parking, standing and
loading, and other traffic regulations as are necessary for the safe
and efficient use of the City facilities.
(a)
It shall be unlawful for any person, business or entity that
provides transportation to or from the City facilities to leave baggage
or freight unattended at any place on such facilities; except pursuant
to an approved baggage handling service franchise agreement.
(b)
No person, entity or business shall engage in the business or
activity of placing, removing, storing, loading, unloading or delivering
to or from businesses and residences in the City any baggage or freight
originating from or destined for passenger carriers using the Mole
facilities. This shall not apply to any taxi operator or hotel operator
providing courtesy bus service that handles personal baggage associated
with the transport of passengers to and from the Mole, as long as
the baggage and passenger are transported together.
(c)
The Traffic Engineer is authorized to establish a permitting
system to control access to and parking at areas designated as "restricted
access." It shall be unlawful for any person to drive on, stop, stand,
or park at any area on the City facilities designated by the Traffic
Engineers as "restricted access," unless pursuant to a permit issued
by the Traffic Engineer.
(d)
It shall be unlawful for any person to ride, drive or propel,
or cause to be ridden, driven or propelled any vehicle, including
but not limited to bicycles, roller skates, coasters, pushmobiles,
skateboards, motopeds or similar contrivances on any portion of the
Cabrillo Mole where notice is posted prohibiting such vehicles, except
as permitted by the Traffic Engineer pursuant to this section.
