For the purpose of this Chapter, certain words and phrases are
defined and certain provisions shall be construed as herein set forth,
unless it is apparent from the context that a different meaning is
intended.
(Prior code § 10200)
“Santa Monica Harbor,” or “harbor” is
that portion of the Santa Monica Bay included within the corporate
territorial limits of the City.
(Prior code § 10201)
“Vessel” includes steam boat, motor boat, sailing
boat, barge, lighter, ferry boat, pleasure craft, and any and all
other water craft.
(Prior code § 10202)
“Mooring” includes any weight, chair, rope, float,
structure, or appliance which is used by a vessel for anchoring purposes
and which is not carried aboard such vessel as regular equipment when
under way.
(Prior code § 10203)
“Protected Area Adjoining Breakwater” is that portion
of the harbor situated between the breakwater, now situated in said
harbor, and the shoreline, as indicated on that certain map on file
in the office of the City Engineer and entitled “Santa Monica
Yacht Harbor. Permanent Anchorage Plan. Plan No. 665, File No. 14,”
which said map is hereby adopted as a part of this Chapter by reference.
(Prior code § 10204)
“Harbormaster” as used in this Chapter shall mean
the Superintendent of the Division of Beaches and Harbors of the Department
of Recreation and Parks or the Beaches and Harbor Captain in charge
of the Municipal Harbor. Any duties to be performed by the Harbormaster
may be performed by either.
(Prior code § 10204A; added by Ord. No. 642CCS, adopted 3/10/64)
No person shall place, or cause to be placed, a mooring in the
harbor, or in the protected area adjoining breakwater, without first
having applied for and secured a certificate of inspection under the
provisions of this Chapter, showing that an inspection of said mooring
has been made and that the said mooring complies with each of the
requirements of this Chapter.
No person shall maintain a mooring in the harbor, or in the
protected area adjoining breakwater, when not the holder of a certificate
of inspection, which is then in full force and effect and issued under
the provisions of this Chapter, showing that an inspection of said
mooring had been made within the period of two years and that the
said mooring complied with each of the requirements of this Chapter.
(Prior code § 10205)
A certificate of inspection shall be issued upon written application
to the Harbor Master therefor on a form to be provided by the City
and upon payment of the inspection fee as hereinafter provided, in
the event that an inspection of the mooring designated in the application
discloses that said mooring complies with each of the requirements
of this Chapter.
A certificate of inspection may be revoked at any time by, or
at the order of, the Harbor Master upon five days notice to the holder
thereof, in the event of a determination that the mooring for which
the certificate of inspection had been issued has ceased to comply
with the requirements of this Chapter.
(Prior code § 10206)
An inspection fee of Fifty Cents shall be paid for each mooring
to be inspected upon the filing of an application for a certificate
of inspection.
(Prior code § 10207)
No person shall place or maintain a mooring in the harbor, or
in the protected areas adjoining breakwater, and a certificate of
inspection shall not be issued therefor, unless said mooring complies
with each of the following requirements:
(a)
The mooring buoy shall be so constructed that some portion thereof
shall extend out of the water for at least one foot at all times.
(b)
All moorings, including the buoys thereof, shall be of metal; provided,
however, that no engine block shall be used as an anchor weight.
(c)
All chains and fastenings shall be of sufficient size to withstand
a breaking strain of at least six times the weight of the mooring.
(d)
Painters, chains and fastenings on buoys shall be kept in good serviceable
condition at all times and shall be so arranged that when dropped
they will immediately sink.
(e)
There shall be painted on the buoy and legible at all times the number
allocated to the mooring by the Harbor Master, or by such other official
as may be designated by the City.
(f)
The weight of any mooring shall be of sufficient weight to prevent
the said mooring from being dragged by the vessel intended to be made
fast, or attached to it and in each instance shall comply with one
of the following schedules of minimum requirements:
|
Schedule 10.08.100 “A”
| ||||
|---|---|---|---|---|
|
Length of Boat
|
Size of Chain (Min.)
|
Bow Weight (Lbs.)
|
Stern Weight (Lbs.)
|
Size of Pick-up Line
|
|
15 to 20
|
3/8″
|
600
|
400
|
7/8″
|
|
20 to 25
|
3/8″
|
800
|
600
|
1″
|
|
25 to 30
|
1/2″
|
1000
|
800
|
1-1/4″
|
|
30 to 45
|
1/2″
|
1500
|
1200
|
1-1/2″
|
|
45 to 60
|
5/8″
|
2000
|
1500
|
2″
|
|
60 to 85
|
3/4″
|
2500
|
1800
|
2-1/4″
|
|
85 to 100
|
7/8″
|
3000
|
2400
|
2-1/2″
|
|
100 to 150
|
1″
|
4000
|
3000
|
3″
|
|
Schedule 10.08.100 “B”
| |||
|---|---|---|---|
|
Length of Boat (Feet)
|
Size of Chain
|
Bow Anchor (Lbs.)
|
Stern Anchor (Lbs.)
|
|
15 to 20
|
3/8″
|
100
|
75
|
|
20 to 25
|
1/2″
|
125
|
100
|
|
25 to 30
|
1/2″
|
150
|
125
|
|
30 to 45
|
5/8″
|
300
|
250
|
|
45 to 60
|
3/4″
|
500
|
400
|
|
60 to 85
|
7/8″
|
800
|
600
|
|
85 to 100
|
1″
|
1000
|
800
|
|
100 to 150
|
1″
|
1500
|
1200
|
|
The scope of chain to be used under either of the above set
forth schedules shall be 3 to 1 on the Bow and 2-1/2 to 1 on the Stern
in proportion to the depth of water.
|
(g)
Anchor weights shall be shackled to chains with regular sea-type
shackles. Ropes shall be connected to chains or buoys with thimbles
and shackles.
(Prior code § 10208; amended
by Ord. No. 206CCS, adopted 2/21/50)
A mooring fee shall be paid for the privilege of tying or otherwise
securing any vessel to any mooring owned and maintained by the City.
The fee therefore shall be in accordance with any schedule provided
for in any ordinance or resolution of the City.
Nothing herein contained shall preclude the Harbor Master from
designating certain City-owned moorings as Guest-moorings, and permission
may be given to him to make fast to such moorings without a charge
being made therefore.
(Prior code § 10209A; amended by Ord. No. 1031CCS, adopted 4/27/76)
No mooring on which any mooring fees are due and unpaid may
be removed without the prior written consent of the Harbor Master.
In addition to all other remedies provided by law for the collection
and enforcement of charges or fees due for the renting of mooring
space or the privilege of maintaining a mooring in the harbor or in
the protected area adjoining the breakwater, the City shall have a
lien upon the mooring as provided for in Harbors and Navigation Code
Section 500 et seq.
(Prior code § 10209B; amended by Ord. No. 1276CCS, adopted 3/22/83)
No vessel on which any mooring fees are due and unpaid for the
privilege of mooring, tying, or securing to a City owned mooring in
the harbor or in the protected area adjoining the breakwater are due
and unpaid may be removed without the prior written consent of the
Harbor Master. In addition to all other remedies provided by law for
the collection and enforcement of charges or fees due for the mooring,
tying, or securing to any such City owned mooring, the City shall
have a lien upon the vessel for the mooring, tying, or securing the
vessel to the mooring as provided for in Harbors and Navigation Code
Section 500 et seq.
(Prior code § 10209C; amended by Ord. No. 1276CCS, adopted 3/22/83)
Any lien provided for by Sections 10.08.120 and 10.08.130 or by Harbors and Navigation Code Section 501, shall be enforced in the manner provided for in Harbor and Navigations Code Section 500 et seq.
(Prior code § 10209D; amended by Ord. No. 1276CCS, adopted 3/22/83)
Upon issuance of a mooring permit, the City shall cause a marker
or markers to be placed indicating the place or places where the mooring
is to be set. No person shall set or maintain a mooring in said harbor
or in said protected area adjoining breakwater in a place other than
the place indicated by said City by said marker.
(Prior code § 10210)
No person shall anchor a vessel other than by use of a mooring
in the protected area adjoining breakwater without first having applied
to the Harbor Master for and secured a permit authorizing such anchorage.
(Prior code § 10211)
In the event that space is available in the protected area adjoining
breakwater, a permit to anchor a vessel other than by use of a mooring
may be issued for a period not to exceed two weeks upon written application
therefor on a form to be provided by the City and upon payment of
a permit fee as hereinafter provided.
(Prior code § 10212)
A permit fee of twenty-five cents shall be paid for each anchoring
permit issued. No such permit shall be issued in the event that the
anchoring of a vessel in accordance therewith will endanger other
vessels moored or anchored in the said protected area adjoining breakwater
or will endanger vessels being navigated in and about said protected
area. Such permits in all cases shall be revocable.
(Prior code § 10213)
No person shall anchor a vessel other than by use of a mooring
in the protected area adjoining breakwater in a place other than the
place specified in the permit authorizing such anchorage.
(Prior code § 10214)
No person shall make fast or attach any vessel to any mooring
belonging to the City and situated in the harbor or in the protected
area adjoining breakwater, without the consent first had and obtained
of the Harbor Master, and any such vessel shall at all times be subject
to removal by, or at the order of, the Harbor Master.
No person shall make fast or attach any vessel to any mooring
belonging to any person and situated in the harbor or in the protected
area adjoining breakwater, without the consent first had and obtained
of the Harbor Master, when said vessel is not the vessel designated
in the application under which permit was issued permitting the placement
or maintenance of said mooring.
(Prior code § 10215)
Neither the master nor any person having charge of any vessel
shall anchor or moor the same within a fairway as designated on “City
of Santa Monica Harbor Map” showing location of moorings and
fairways on file in the office of the City Engineer, a copy of which
is on file in the office of the Harbor Master.
Neither the master nor any person having charge of any vessel
shall make the same fast to the front of any wharf, pier or dock in
the Harbor without the consent of the owner, agent or person in charge
of such wharf, pier or dock.
(Prior code § 10215a)
Any vessel lying at any wharf or any slip in the harbor shall
be fastened thereto with such head and stern lines from both bows
and quarter in such a manner as to meet the approval of the Harbor
Master.
(Prior code § 10216)
Any mooring which is abandoned, or the use of same discontinued,
by the person installing or acquiring the same, or which has remained
disconnected from any surface float previously attached to such mooring
after thirty days’ notice of such condition to the person using
the same, and failure by him to restore such mooring during such thirty
day period, shall revert to and become the property of the City, and
thereafter the City may restore, repair and replace such mooring,
and the same shall thereupon be held and used by said City.
No person shall take possession or control of or use any such
abandoned or discontinued mooring without authority of the Harbor
Master.
(Prior code § 10217)
If any vessel arriving and anchoring or being moored or fastened
to any wharf or other vessel in the harbor, or in the protected area
adjoining breakwater, shall be so moored or placed as to be unsafe
or dangerous to any other vessel previously lying at anchor in said
harbor, or moored or fastened as aforesaid, the Harbor Master is hereby
authorized and directed forthwith to order and direct the position
of said vessel to be changed in such manner as to obviate such insecurity
or danger, and the Master or other person having charge of the offending
vessel shall forthwith cause its position to be changed as directed
by the Harbor Master, and upon the failure or refusal of such Harbor
Master or other person in charge of offending vessel to change the
position of said vessel, as directed by the Harbor Master, it shall
be the duty of the Harbor Master or his agent to forthwith board said
vessel with such assistance as may be necessary and change the position
of said vessel, and all expense incident changing the position of
sad vessel may be recovered from the Harbor Master or owner of said
vessel by a suit in the name of the City in any court of competent
jurisdiction.
(Prior code § 10218)
The master or other person in charge of any vessel within the
corporate limits of the City being in position to prevent or interfere
with the mooring or passage of any other vessels or other water craft,
from any part of the harbor to another past thereof, shall, when required
or directed by the Harbor Master, forthwith change the position of
the vessel or other water craft to such place as may be directed by
the Harbor Master.
(Prior code § 10218a)
All vessels anchoring or mooring in the harbor shall, between
sunset and sunrise, 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.
(Prior code § 10219)
Every vessel lying alongside a wharf, or alongside a vessel
berthed at a wharf, shall from sunset until sunrise, be provided with
proper lights, and shall be provided continuously with such appliances
in the way of gangways and manropes as may, in the opinion of the
Harbor Master, be necessary for the convenience and safety of persons
passing to and from such vessel, and every gangway fixed for the purpose
of giving the crew or other persons access to the ship or vessel after
dark shall be brightly illuminated by the best available means as
long as such gangways is in communication with the shore.
(Prior code § 10219a)
Every person and every vessel responsible for any damage to
any municipal property of any kind or character in the waters of the
Pacific Ocean under the jurisdiction of the City shall be held liable
for and charged with the costs and expenses of replacement or repair
of the property so damaged or destroyed. The expense of repairing
such property shall be charged against the person or vessel responsible
therefor; and the same may be recovered in an action brought in the
name of the City in any court of competent jurisdiction.
(Prior code § 10220)
Any person who drives or operates any vessel upon the waters
of the harbor or the Pacific Ocean within the jurisdiction of the
City in willful or wanton disregard for the safety of persons or property
is guilty of a misdemeanor and upon conviction thereof shall be punishable
as in this Code provided.
(Prior code § 10221; amended
by Ord. No. 471CCS, adopted 4/21/59)
No person shall run, drive or propel any gasoline launch or
boat operating with an outboard motor, in the harbor or the waters
of the Pacific Ocean under the jurisdiction of the City, unless at
all times the exhaust from the motor in such gasoline launch, or boat
with out-board motor, is ejected through a good and sufficient muffler
properly attached thereto.
(Prior code § 10222)
Whenever the navigation of any navigable water within the corporate
limits of the City shall be obstructed or endangered by any vessel
or other obstruction, the Harbor Master may, at his discretion, give
written notice to the Vessel Master, owner or owners of such obstruction,
requiring them to remove it. Whenever any such obstruction has existed
for a period longer than ten days, or whenever the abandonment of
any vessel or other obstruction can be legally established in a less
space of time, the vessel or other obstruction shall be subject to
removal, sold or otherwise disposed of by the Harbor Master, at his
discretion, without liability for any damage to the owner of the same.
(Prior code § 10223)
No person shall tie up or anchor a vessel in the harbor, or
in the protected area adjoining breakwater, in such manner as to prevent
or obstruct the passage of other vessels, or to voluntarily or carelessly
sink 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. Whenever a vessel is wrecked or sunk in the harbor, or
in the protected area adjoining breakwater, accidentally, or otherwise,
it shall be the duty of the owner thereof to immediately mark it by
a buoy or beacon during the day and by a lighted lantern at night,
and to maintain such markings until the sunken vessel or obstruction
is removed. The owner of such vessel or other obstruction shall commence
immediately the removal thereof and prosecute the said removal diligently
to completion, and any failure to do so shall constitute an abandonment
of such vessel, and shall subject the same to removal by the Harbor
Master.
(Prior code § 10224)
All stray vessels, timber or other articles found within the
harbor, not in the lawful possession or control of some person, shall
be immediately delivered up to the Harbor Master and in whose custody
they shall remain until claimed by the proper owners, who shall pay
all expenses thereon, including a charge for keeping and storing the
same, and if not claimed they may be sold in the manner provided by
law.
(Prior code § 10225)
No person shall place or allow to remain any vessels, ropes,
materials, garbage, refuse, timber or waste matter of any description
on or upon the shore lines or beach of the Pacific Ocean, or on the
shore lines or beach of the harbor within the jurisdiction of the
city without the consent of the owner of the private property upon
which such shorelines or beach abuts. The Harbor Master may remove
the same with or without notice, at his option, and the expense of
removing the same shall be paid by the party liable therefor; and
any costs of removing the same may be recovered by the City in an
action brought against the guilty party, in the name of the said City,
in any court of competent jurisdiction.
(Prior code § 10226)
No person using the waters of the City shall climb aboard or
hold on to vessels in the harbor. Nothing herein contained shall be
applied to an owner, or his guests swimming to, from, or adjacent
to his own vessel.
(Prior code § 10227)
Upon the arrival of any vessel in the harbor not habitually
anchored or moored there, the owner, captain or person in charge of
said vessel must register with the Harbor Master, who in turn will
present to said owner, captain or person in charge of the vessel,
a printed copy of the Rules and Regulations for vessels entering,
anchoring or leaving the harbor as follows:
“Rules and Regulations for Vessels entering, Anchoring
or Leaving the Harbor.”
The following are rules which have been adopted by the City
Council of the City and your cooperation in the enforcing of these
rules is requested.
1.
Every
vessel entering the harbor shall immediately become subject to the
order and directions of the Harbor Master.
2.
Any
vessel or other water craft mooring or anchoring on becoming moored,
shall become so moored under the direction of the Harbor Master.
3.
No
person shall throw, discharge or deposit from any vessel, or from
the shore or wharf, any refuse matter into the navigable waters of
the harbor.
4.
Oil,
spirits, inflammable liquid or bilge water, shall not be pumped or
discharged into the harbor.
5.
The
Harbor Master is authorized to enter upon and inspect any vessel to
ascertain the kind and quality of merchandise, or her condition in
any respect, or the condition of the crew.
6.
No
person shall row, propel, navigate or maintain any vessel for the
purpose of advertising.
7.
The
Harbor Master shall have full charge and control of all buoys and
shall decide as to which shall have the prior right of attaching to
such buoy, and his decision shall be final.
8.
No
person shall place or navigate any water craft in such a manner as
to interfere with the approach of any craft to any wharf or landing.
9.
The
Harbor Master shall have the right to seal any toilets on any vessel
moored or anchored in the Harbor if deemed expedient for the preservation
of the sanitary condition of the harbor.
10.
Daily
collection of garbage will be made from all boats moored or anchored
in the harbor.
11.
Outboard
motors must be equipped with approved mufflers, and also must keep
out of the harbor fairways, except upon entering and leaving harbor.
12.
Speed
limit for any vessel in the harbor is five nautical miles per hour.
(Prior code § 10228; amended
by Ord. No. 206CCS, adopted 2/21/50)
The line of mean high tide of the Pacific Ocean within the City
of Santa Monica is hereby fixed and determined as follows:
Beginning at a point in the northwest City Limits line of the
City of Santa Monica, said point being south 45 degrees, 15 minutes
west 190.38 feet distant from the most westerly corner of the 20-foot
strip of land (now known as Palisades Beach Road) as conveyed to the
City of Santa Monica by deed recorded in Book 4530 page 152 of Deeds,
Los Angeles County Records; thence south 58 degrees 33 minutes 30
seconds east, 960.03 feet to the beginning of a curve to the right
the radius of which is 5476.20 feet; thence southeasterly along said
curve 1129.41 feet to the end of said curve; thence south 46 degrees
44 minutes 30 seconds east, 1384.51 feet to a point; thence south
47 degrees 36 minutes 03 seconds east, 500.05 feet to a point; thence
south 45 degrees 46 minutes 48 seconds east, 485.04 feet to a point;
thence south 45 degrees 47 minutes 18 seconds east, 400.75 feet to
a point; thence south 44 degrees, 02 minutes 10 seconds east, 500.23
feet to a point; thence south 44 degrees 14 minutes 27 seconds east,
500.29 feet to a point; thence south 42 degrees 41 minutes 24 seconds
east, 500.01 feet to a point; thence south 41 degrees 01 minute, 35
seconds east, 500.12 feet to a point; thence south 40 degrees, 46
minutes 18 seconds east, 510.17 feet to a point; thence south 44 degrees
54 minutes 54 seconds east, 490.52 feet to a point; thence south 40
degrees 41 minutes 46 seconds east, 463.48 feet to a point; thence
south 40 degrees 01 minute 50 seconds east, 533.91 feet to a point;
thence south 42 degrees 52 minutes 56 seconds east, 500.26 feet to
a point; thence south 41 degrees 37 minutes 25 seconds east, 500.02
feet to a point; thence south 39 degrees 57 minutes 36 seconds east,
396.13 feet to a point; thence south 39 degrees 16 minutes 44 seconds
east, 598.73 feet to a point; thence south 35 degrees 43 minutes 04
seconds east, 500.65 feet to a point; thence south 37 degrees 01 minute
east, 395.16 feet to a point; thence south 37 degrees 52 minutes 28
seconds east, 605.05 feet to a point; thence south 38 degrees 04 minutes
03 seconds east, 498.59 feet to a point; thence south 36 degrees 57
minutes 20 seconds east, 500.11 feet to a point; thence south 35 degrees
26 minutes 03 seconds east, 500.57 feet to a point; thence south 33
degrees, 59 minutes 45 seconds east, 422.25 feet to a point; thence
south 36 degrees 29 minutes 30 seconds east, 280.00 feet to a point;
thence south 39 degrees 29 minutes 30 seconds east, 485.00 feet more
or less to a point in the southeast City Limits Line of the City of
Santa Monica, all as shown on the map attached hereto, and made a
part hereof.
(Prior code § 10229)
No person shall set, draw or use any fishing net or seine in
the Pacific Ocean at any point or place within the City less than
one thousand feet from any wharf, dock or pier located in the City.
(Prior code § 10230)
No person shall fail to observe the following rules and regulations
which shall govern the use of the Municipal Pier.
(Prior code § 10231)
The Harbor Master may place signs prohibiting or restricting
fishing on said pier where, in his opinion, such fishing is dangerous
to those using the pier or the water below or immediately adjacent
to the pier. No person shall fish in violation of the restriction
stated on such signs.
No person shall engage in overhead casting of fishing lines.
(Prior code § 10231a; amended by Ord. No. 531CCS, adopted 9/18/61)
No person shall write upon or otherwise deface any portion of
said Pier, or of any buildings or attachments thereto.
(Prior code § 10231b)
No person shall cut any bait or fish upon any bench or railing
upon said Pier.
(Prior code § 10231c)
No person shall be guilty of any disturbance or disorderly conduct
while upon said Pier.
(Prior code § 10231d)
No peddling shall be done upon said Pier, except by authority
of the City Council of the City.
(Prior code § 10231e)
No person shall attach any boat or line to the Municipal Pier,
except by authority of the Harbor Master.
(Prior code § 10231f)
(a)
No electric bicycles, electric personal assistive mobility devices,
electrically motorized boards, low speed vehicles, motorized scooters,
or other vehicles shall be permitted upon said Pier. Other vehicles
may be permitted upon said Pier at such points as may be designated
by the Harbor Master consistent with his or her determination of public
safety.
(b)
This Section shall not apply to the following:
(1)
City employees or City contractors authorized to operate electric
bicycles, electric personal assistive mobility devices, electrically
motorized boards, low speed vehicles, motorized scooters or other
vehicles upon said Pier in order to provide public safety, maintenance
or other essential City services; and
(2)
Persons authorized by the City to operate electric bicycles, electric
personal assistive mobility devices, electrically motorized boards,
low speed vehicles, motorized scooters or other vehicles upon said
Pier in support of a City produced event, or pursuant to a permit
issued by the City, which ensures the protection of public safety
and adjacent private and public properties; or
(3)
Any person who is operating a self-propelled wheelchair, motorized
tricycle, or motorized quadricycle and, by reason of physical disability,
is otherwise unable to move about as a pedestrian.
(Prior code § 10231g; amended by Ord. No. 2587CCS § 3, adopted 9/11/18)
No boats shall be permitted on the said Pier except by the authority
of the Harbor Master.
(Prior code § 10231h)
No drinking or display of intoxicating liquors shall be permitted
on said Pier.
(Prior code § 10231i)
No person shall maintain a mooring in the harbor or the protected
area adjacent to the breakwater without first obtaining a permit from
the Harbor Master.
(Prior code § 10231j; amended by Ord. No. 471CCS, adopted 4/21/59)
No person shall remove mussels or in any other way meddle with
the pilings or any other portion of said Pier without written authority
therefor first being received from the City.
(Prior code § 10231k; amended by Ord. No. 206CCS, adopted 2/21/50)
No person shall operate more than two fishing poles or fishing
lines at one time on said Pier.
(Prior code § 10231l)
No person shall use said Pier and the landing stage thereon
as wharf or as a place of departure or landing to and from boats or
vessels navigating in the waters of the Pacific Ocean except by permission
given by the Harbor Master and under rules and regulations prescribed
by the said Harbor Master.
(Prior code § 10231m)
No person shall solicit business, customers or patrons or sell
tickets for trips on any boat, launch, steamer or other vessel operating
to and from said Municipal Pier at any place or location on said Municipal
Pier, including any public sidewalk or public easement immediately
adjacent thereto, except in and at the booth which the Harbor Master
shall provide for that purpose and in accordance with such rules and
regulations as the Harbor Master shall prescribe.
(Prior code § 10231N; amended by Ord. No. 206CCS, adopted 2/21/50)
No signs shall be erected or displayed on the Pier without the
special permission of the Harbor Master.
(Prior code § 10231O)
Any person causing any damage to any portion of the Pier shall
be liable in damages therefor. Failure to pay for any damages to the
Pier shall be sufficient cause for revocation of the business license
of any person to operate on or from such Pier.
(Prior code § 10231P)
(a)
The City Engineer is authorized to determine the maximum vehicle
gross weight authorized on the Municipal Pier and the Newcomb Pier,
based on a pier infrastructure assessment study which analyzes the
Pier’s design, construction, age and maintenance. Such maximum
weight limitations shall be conspicuously posted at the start of each
respective Pier.
(b)
No person shall drive, operate, tow, or otherwise propel on or onto
the Municipal Pier or the Newcomb Pier any vehicle the gross weight
of which exceeds the posted weight limit.
(c)
The term “gross weight” shall include the combined weight
of the vehicle and any load thereon.
(d)
A validly issued community events permit issued pursuant Chapter 4.68 of this Code may provide an exemption from the requirements of this Section. Any vehicle that has obtained an exemption pursuant to a Community Events Permit and this subsection shall display the Community Events Permit in the windshield of the vehicle at all times while the vehicle is on the Municipal Pier or the Newcomb Pier.
(Prior code § 10231Q; added by Ord. No. 237CCS, adopted 1/23/51, effective 1/23/51; amended
by Ord. No. 2574CCS § 1, adopted 5/22/18)
(a)
No person shall drive, operate, tow, or otherwise propel on or onto
the Pier Bridge any vehicle the gross weight of which exceeds fifteen
tons.
(b)
The term “gross weight” shall include the combined weight
of the vehicle and any load thereon.
(c)
A validly issued community events permit issued pursuant Chapter 4.68 of this Code may provide an exemption from the requirements of this Section. Any vehicle that has obtained an exemption pursuant to a Community Events Permit and this subsection shall display the Community Events Permit in the windshield of the vehicle at all times while the vehicle is on the Pier Bridge.
(Added by Ord. No. 2589CCS §
1, adopted 10/23/18)
No person shall operate any vessel between the Municipal Pier
and the barges anchored in Santa Monica waters without first having
obtained the written permission from the City so to do.
(Prior code § 10232; amended
by Ord. No. 206CCS, adopted 2/21/50)
No boat or equipment on which any storage fees are unpaid may
be removed without the prior written consent of the Harbor Master.
In addition to all other remedies provided by law for the collection
and enforcement of charges and fees due for the storage of boats or
equipment, the City shall have a lien upon such boats or equipment
for the storage thereof. Whenever such lien is lost by reason of loss
of possession through trick, fraud or device, the repossession thereof
by the City shall revive such lien. Any lien of the City upon boats
or equipment for the storage thereof may be foreclosed in the same
manner as is provided generally by the Civil Code of California for
the foreclosure of liens upon personal property.
(Prior code § 10233A; amended by Ord. No. 206CCS, adopted 2/21/50)
No person shall use any portion of the lower deck of the Municipal
Pier for storage purposes when not the holder of a permit, which is
then in full force and effect and issued under the provisions of this
Chapter, authorizing such storage.
(Prior code § 10233B; amended by Ord. No. 206CCS, adopted 2/21/50)
No person shall use any hoist situated on the Pier and owned
by the City without first having applied for and secured permission
for such use from the Harbor Master.
(Prior code § 10234; added
by Ord. No. 206CCS, adopted 2/21/50)
No person shall tie or make fast any vessel to said breakwater,
nor shall any person walk, climb or stand on said breakwater.
(Prior code § 10235; added
by Ord. No. 206CCS, adopted 2/21/50)
No person shall dive or jump off of any portion of the Santa
Monica Municipal Pier into the water below the Santa Monica Municipal
Pier except under the following circumstances:
(a)
In an emergency for the purpose of saving or protecting life.
(b)
In conjunction with a City-authorized community event.
(c)
By employees of the City, for the purpose of performing their duties.
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Persons giving exhibits of diving or lifesaving may jump or
dive from the Santa Monica Municipal Pier when specific permission
to give such exhibition has been received from the Harbor Master and
such exhibition is conducted under conditions prescribed by the Harbor
Master.
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(Prior code § 10236; added
by Ord. No. 278CCS, adopted 7/22/52; amended by Ord. No. 2128CCS §
1, adopted 6/15/04)
The following areas of the Harbor are hereby designated “Swimming
Areas”:
(a)
Southerly of the Municipal Pier. Those waters outside of the Protected
Area Adjoining Breakwater and lying shoreward of a line drawn from
a point on the southeasterly boundary line of the City which is 800
feet seaward of the line of mean high tide to a point on the southeasterly
side of the Municipal Pier which is 1000 feet seaward of the line
of mean high tide.
(b)
Northerly of the Municipal Pier. Those waters outside of the Protected
Area Adjoining Breakwater and lying shoreward of a line drawn from
a point on the northwesterly side of the Municipal Pier which is 1000
feet seaward of the line of mean high tide to a point on the northwesterly
boundary line of the City which is 900 feet seaward of the line of
mean high tide.
(c)
Within the Protected Area Adjoining Breakwater. Those waters within
the Protected Area Adjoining Breakwater lying within 100 feet of the
water’s edge, except such portion thereof within 225 yards of
any portion of the Municipal Pier.
(Prior code § 10237; amended
by Ord. No. 562CCS, adopted 6/28/62)
It shall be unlawful for any person to swim in the Harbor outside
of the designated Swimming Areas or within fifty yards of any portion
of any pier, except:
(a)
A person who is the owner of a vessel, or who acts at the request
of such owner, while engaged in servicing or repairing such vessel,
and then only in the immediate area of such vessel.
(b)
A person engaged in the sport commonly known as water skiing or aquaplaning,
or any derivations thereof, provided such person is at all times wearing
a safety belt of a type approved by the Captain of Lifeguards.
(c)
Safety personnel in an emergency for the purpose of saving or protecting
life.
(d)
In conjunction with a City-authorized community event.
(e)
City employees for the purpose of performing their duties.
(f)
For the purpose of giving instruction, training, or exhibitions,
but only when specific permission to give such has been received from
the proper authority and the same is conducted under conditions prescribed
by such authority. With respect to waters lying within the protected
area adjoining breakwater, the proper authority shall be the Harbor
Master, and with respect to other waters within the Harbor, the proper
authority shall be the Captain of the Lifeguards.
(Prior code § 10238; added
by Ord. No. 478CCS, adopted 9/8/59; amended by Ord. No. 2128CCS §
2, adopted 6/15/04)
It shall be unlawful for any person to use, or possess, in the
waters of the harbor any object commonly known as, or used as, a paddle
board or surfboard, except in the following areas:
1.
Designated
swimming areas and then only so long as such object is at no time
closer than 100 feet to any person in the waters thereof who is not
at the time using or possessing a similar object; except that the
100 foot limitation shall not apply to such objects as are manufactured
of rubber or plastic and are air inflated.
2.
Special
areas designated by posting as ‘surfing only’ areas by
the Director of Recreation and Parks.
(Prior code § 10239; amended
by Ord. No. 746CCS, adopted 7/11/67)
When the Director of Recreation and Parks, or designated representative,
determines that surfing is unsafe at any location on Santa Monica
Beach, he or she may direct that a rectangular yellow flag with a
black disc in the center be hoisted over the nearest lifeguard tower.
When such flag is displayed over a lifeguard tower, it shall be unlawful
for any person to use, or possess, a surfboard in the waters adjacent
to or in the waters nearer to said tower than to any other tower not
displaying such flag.
(Prior code § 10239A; added by Ord. No. 746CCS, adopted 7/11/67)
It shall be unlawful for a person to swim or wade, or to permit
a child to swim or wade, in an area designated by posting as a ‘surfing
only’ area.
(Prior code § 10239B; added by Ord. No. 746CCS, adopted 7/11/67)
It shall be unlawful to fish or angle in the designated Swimming
Areas, unless all tackle and other fishing paraphernalia are at all
times at least 100 feet from any person in the waters thereof.
(Prior code § 10240; added
by Ord. No. 478CCS, adopted 9/8/59)
It shall be unlawful for any person to use, operate, or possess
a vessel within the designated Swimming Areas.
(Prior code § 10241; added
by Ord. No. 478CCS, adopted 9/8/59)
(a)
In an emergency, for the purpose of saving or protecting life or
property.
(b)
By employees of the City, for the purpose of performing their duties.
(c)
For the purpose of giving instruction, training, or exhibitions,
but only when specific permission to give such has been received from
the proper authority and the same is conducted under conditions prescribed
by such authority. With respect to waters lying within the protected
area adjoining breakwater, the proper authority shall be the Harbor
Master, and with respect to other waters within the Harbor, the proper
authority shall be the Captain of the Lifeguards.
(Prior code § 10242; added
by Ord. No. 478CCS, adopted 9/8/59; amended by Ord. No. 2128CCS §
3, adopted 6/15/04)
No person shall hold or have any interest in more than three
Municipal Pier Leases. For purposes of this Section, a person has
an interest in a lease if the person, or his or her spouse, parent,
child, brother or sister, is named as lessee or holds any share in
an entity named as, controlling, or subsidiary to a lessee.
An organization composed exclusively or predominantly of pier
lessees and formed for the primary purpose of promoting the interests
of businesses at the Pier, may hold or have an interest in pier leases
to the same extent as other persons. Such pier lessees’ association
leases shall not be counted against the limitation imposed on any
individual association member.
This Section shall not apply to persons holding or having an
interest in more than three pier leases at the time of adoption of
this ordinance; provided, however, that such persons shall not acquire
any interests in additional pier leases unless and until they hold
or have an interest in no more than two of their existing leaseholds.
(Prior code § 10243; added
by Ord. No. 1119CCS, adopted 3/27/79)
