[§ 1, Ord. 449, as amended by § 1, Ord. 491, eff. May 7, 1966; § 1, Ord. 939-96, eff. December 5, 1996]
It shall be unlawful for any person to dive for recreational purposes with the use of underwater artificial breathing apparatus, sometimes known as "scuba", without first obtaining a permit from the Harbor Master. Persons diving for commercial and equipment maintenance purposes shall advise the Harbor Department of the time and location of the dive not less than two hours prior to diving, but shall not be required to obtain a permit.
[§ 2, Ord. 449, as amended by § 1, Ord. 939-96, eff. December 6, 1996]
In determining whether to grant a permit application request, the Harbor Master shall consider the relative impact of the proposed dive time, location and duration on boating operations and safety of the diver and others, and whether the permit can be conditioned so as to provide for reasonably safe diving conditions. The following is a nonexclusive listing of information relevant to this determination: the location of the proposed dive; the time of year in relation to boating and other water activities; the number of boats present or anticipated to be present and amount of movement of same in the proposed dive area; the day of week, time of day and duration of the proposed dive; the method proposed by the diver to mark his or her location; and the purpose of the dive. The Harbor Master may impose conditions on the permit as he deems necessary to promote safety and efficient boating operations.