A. Purpose.
1. Generally.
The purpose of the Slip Assignment Policy is to provide regulations
for the primary purpose of the Harbor, which is to provide in-water
storage for commercial and recreational vessels actively used for
their intended purpose.
2. Limited
Secondary Use. As a limited secondary use, a slip permittee may be
permitted to reside aboard a vessel by obtaining a permit from the
Waterfront Department pursuant to the Santa Barbara Municipal Code.
B. Slip
permits.
1. Slip Permit. Before any vessel is allowed in a slip in the Santa Barbara Harbor, a permit must be issued pursuant to the Santa Barbara Municipal Code for that vessel by the Waterfront Department. Slip Permits, as approved by the Waterfront Director, shall be revocable month-to-month licenses. Slip permittees shall comply with applicable ordinances and resolutions, including fee provisions, adopted by the Santa Barbara City Council. No such Slip Permit shall be transferable after death of the slip permittee or by inheritance. A Slip Permit may, however, be assigned to a deceased slip permittee's surviving spouse or domestic partner registered with the City Clerk in accordance with Chapter
9.135 of the Santa Barbara Municipal Code pursuant to Section 17.20.005.D.2.b herein.
2. Ownership
of Vessel Required. A slip permittee must at all times have an equity
ownership interest in the vessel assigned to the Slip Permit.
a. Proof of Ownership Required. An equity ownership interest in a vessel must be established at the time a Slip Permit is issued to a slip permittee or transferred in accordance with Section 17.20.005.D herein by submitting any of the following documents to the Waterfront Department: (i) state vessel registration listing the prospective slip permittee as an owner; (ii) federal documentation listing the prospective slip permittee as an owner; or (iii) a notarized bill of sale in the name of the prospective slip permittee. If proof of vessel ownership is a notarized bill of sale, a fully completed state registration or federal documentation with all slip permittees listed as vessel owners must be submitted to the Waterfront Department within 90 days of the submittal of the Slip Permit application. If completed state registration or federal documentation is not submitted to the Waterfront Department within 90 days of submittal of the Slip Permit application, the Slip Permit shall be subject to termination in accordance with the Slip Permit termination procedures set forth in Section
17.20.005 herein.
b. Permitted Types of Ownership. Corporations, limited liability corporations,
partnerships, non-profit organizations, trusts, governmental agencies
or individuals may own vessels. If a vessel is owned by an entity
other than an individual, non-profit organization or governmental
agency, the Slip Permit applicant(s) or slip permittee(s) must submit
to the Waterfront Department documentation satisfactory to the Waterfront
Directory establishing that the person(s) signing the Slip Permit
has the full legal authority to bind the entity and hold it fully
responsible for the Slip Permit. If the vessel is owned by a governmental
agency or non-profit organization, the agency or organization must
designate in writing a representative from the agency or organization
who will be responsible for all aspects of the Slip Permit. Changing
the name of the person so designated shall require payment of a slip
transfer fee pursuant to Section 17.20.005.D herein, unless waived
by the Waterfront Director. Slip permittees shall be responsible for
keeping their current mailing address on file with the Waterfront
Department. Failure to do so shall relieve the Waterfront Department
from all responsibility to notify the slip permittees of changes to
this code or applicable rules and regulations.
3. Replacement
Vessel. If the vessel assigned to the Slip Permit is sold, donated,
stolen, destroyed or otherwise permanently removed from its Slip,
its owner must notify the Waterfront Department within 15 days of
such event. The slip permittee must place a replacement vessel in
the Slip assigned to the slip permittee within 180 days after the
occurrence of the event causing the removal of the vessel assigned
to the Slip Permit, unless granted a written exemption from the Waterfront
Director. Failure of timely reporting of a sold, donated, stolen,
destroyed or otherwise permanently removed vessel, or timely assignment
of a replacement vessel, shall be grounds for termination of the Slip
Permit.
4. Slip
Fees. The slip permittee shall pay one month's Slip Fee, in advance,
plus applicable fees and deposits when the Slip Permit application
is submitted to the Waterfront Department. Slip Fees shall be established
by resolution of the City Council.
5. Commercial
Fishing and Aquaculture. The City Council may by resolution establish
exclusive or preferential uses within all, or within certain areas
of, the Harbor for use by vessels employed in commercial fishing and/or
aquaculture. For purposes of this section, a commercial fishing vessel
or vessel employed in aquaculture is a vessel in use pursuant to a
valid and current commercial fishing or aquaculture permit issued
by the California Department of Fish and Game. Such a vessel shall
be a continuing source of income pursuant to the appropriate California
permits, in accord with regulations adopted from time to time by resolution
of the City Council.
6. Sub-License.
It is unlawful for any person issued a Slip Permit to rent (whether
or not compensation is paid or other value is received) the Slip Permit
to any other person or entity.
C. Slip
waiting lists.
1. Master
Waiting List. The waiting list for the assignment of Harbor marina
slips, as created by City Council Ordinance, is renamed the "Master
Waiting List." The Master Waiting List is divided into categories
according to slip length. Applicants on the Master Waiting List have
designated a category of slip length from which they seek a slip assignment.
Applicants may not change their designated category of slip length
and no new applicants shall be added to the Master Waiting List.
a. Procedure for Slip Assignment to Master Waiting List Applicants.
When a slip becomes available, it shall be offered for assignment
according to whether the slip is a designated commercial fishing slip
or whether it can be utilized for either commercial or recreational
purposes. For purposes of this section, commercial fishing slip means
a slip that is specially designated by the Waterfront Director as
a slip reserved for qualified commercial fishermen ("Commercial Fishing
Slip"). If the slip is designated as a Commercial Fishing Slip, it
shall be assigned according to subsection C.5 herein to a qualified
commercial fisherman. If it is not so designated, it shall be offered
for assignment to the applicant in the slip-length category of the
available slip with the earliest chronological application date on
the Master Waiting List. The available slip shall be offered to each
applicant in turn on the Master Waiting List within the slip-length
category of the available slip until the slip is either accepted by
an applicant or declined by all applicants for that slip-length category.
b. Procedure for Accepting or Declining a Slip Assignment Offer.
i. Acceptance of Slip Assignment Offer. Notification of slip availability
shall be mailed by the Waterfront Department to the applicant at the
applicant's most recent address on file in the Waterfront Department.
Acceptance of the slip assignment offer must be submitted by the applicant
in writing to the Waterfront Department within 30 days of the date
of mailing the notice of slip availability.
ii. Completing Slip Assignment. An applicant who accepts a slip-permit
offer shall have 90 days from the date of the offer to place a vessel
in a designated slip and meet all associated requirements and obligations
to complete that slip assignment, as described in this section.
iii.
Declined Slip Offer. Failure of an applicant to accept a slip
assignment offer within 30 days of the date of mailing of such offer
by the Waterfront Department shall be considered a declined offer.
Declining a slip offer will result in removal of the applicant's name
from the List and in the loss of all fees paid by the applicant.
c. Unassigned Slips from the Master Waiting List. If an available slip
is offered and declined by all applicants on the Master Waiting List
registered for the slip-length category of the available slip, or
if a slip-length category on the Master Waiting List is depleted of
applicants, the slip shall be referred for assignment to a Sub-Master
Waiting List in accordance with subsection C.2 herein.
2. Sub-Master
Waiting List. All applicants in all slip-length categories on the
Master Waiting List shall also be applicants on the Sub-Master Waiting
List. The Sub-Master Waiting List shall be ordered chronologically,
according to application date, and not divided into slip-length categories.
The applicant on the Master Waiting List with the earliest chronological
application date, regardless of designated slip-length category, shall
be the first applicant on the Sub-Master List. The applicant on the
Master Waiting List with the second earliest chronological application
date shall be the second applicant on the Sub-Master List, and so
on.
a. Procedure for Slip Assignment to Sub-Master Waiting List Applicants.
A slip that becomes available for assignment to the Sub-Master Waiting
List shall be offered to the first applicant on the Sub-Master Waiting
List. If the slip offer is declined, it shall be offered to the second
applicant on the List, and so on, until the slip is either accepted
by an applicant or declined by all applicants on the Sub-Master List.
b. Procedure for Accepting or Declining a Slip Assignment Offer.
i. Acceptance of Slip Assignment Offer. Notification of slip availability
shall be mailed by the Waterfront Department to the applicant at the
applicant's most recent address on file in the Waterfront Department.
Acceptance of the slip assignment offer must be submitted by the applicant
in writing to the Waterfront Department within 14 days of the date
of mailing the notice of slip availability.
ii. Declined Slip Offer. Failure of an applicant to accept a slip assignment
offer in writing within 14 days of the date of mailing of such offer
by the Waterfront Department shall be considered a declined offer.
Declining a slip offer from the Sub-Master List will not result in
removal of the applicant's name from the Master or Sub-Master Waiting
lists, loss of any fees paid, or change in the applicant's position
on either List.
c. Unassigned Slips from the Sub-Master Waiting List. If a slip assignment
offer is declined by all applicants on the Sub-Master Waiting List,
or if there are no applicants on the Sub-Master Waiting List, the
slip shall be referred for assignment to a Lottery List in accordance
with subsection C.3 herein.
3. Lottery
List. Any slip that remains unassigned after being offered for assignment
to the Master Waiting List and Sub-Master Waiting List, or if the
Sub-Master Waiting List is depleted of applicants, shall be offered
for assignment to a Lottery List. The Lottery List shall be comprised
of applicants selected by lot by the Harbor Commission Chair at a
public meeting. Procedures for formation of the Lottery List shall
be established by the Waterfront Department Slip Waiting Lists regulation
adopted by resolution of the City Council.
a. Procedure for Placement on the Lottery List.
i. Qualification for Placement on the Lottery List. To qualify for placement
on the Lottery List, all applicants must timely submit a Lottery List
Participation Request in accordance with the Slip Waiting Lists regulation
containing the applicant's name, telephone number and address. An
individual may submit only one Lottery List Participation Request.
ii. Notification of Ranking and Potential Placement on Lottery List.
Within five business days after the Harbor Commission Lottery List
drawing, the Waterfront Department shall mail notification to each
applicant whose Lottery Participation Request was selected by the
Harbor Commission of their ranking and potential placement on the
Lottery List. Notification shall be provided by certified mail, return
receipt requested, to the applicant at the address shown on the Lottery
List Participation Request form. A Lottery List Acceptance Form shall
accompany the notification. Applicants not selected for ranking in
the Lottery List drawing shall be notified in writing that their Lottery
List Participation Request was not selected. The Waterfront Department
shall discard the Lottery List Participation Requests not selected.
iii.
Procedure to Accept Placement on the Lottery List.
(A)
Within 30 days of the date of mailing notification of Lottery
List rankings, selected applicants ranked numbers one through 50 shall
return the completed Lottery List Acceptance Form and the Lottery
List Placement Fee in an amount established by resolution of the City
Council to the Waterfront Department. Any such applicant failing to
return the Acceptance Form and Lottery List Placement Fee to the Waterfront
Department within the required 30 day period shall not have a position
on the Lottery List, and their Lottery Participation Request shall
be discarded by the Waterfront Department.
(B)
Should any applicant ranked numbers one through 50 fail timely
return of the Lottery List Acceptance Form and the Lottery List Placement
Fee, notification will be sent to the next-ranked applicant for potential
placement on the Lottery List as provided by resolution of City Council.
Any such applicant ranked numbers 51 through 70 offered potential
placement on the Lottery List shall, within 14 days of the date of
such mailing, return the completed Lottery List Acceptance Form and
the Lottery List Placement Fee in an amount established by resolution
of the City Council to the Waterfront Department. Any such applicant
failing to return the Acceptance Form and Lottery List Placement Fee
to the Waterfront Department within the required 14 day period shall
not have a position on the Lottery List, and their Lottery Participation
Request shall be discarded by the Waterfront Department.
b. Procedure for Slip Assignment to Lottery List Applicants. A slip
that becomes available for assignment to the Lottery List shall be
offered for assignment to applicants on the Lottery List according
to their rank on the Lottery List. If a slip assignment offer is declined
by all applicants on the Lottery List, the slip shall be held in the
Waterfront Department's visitor slip inventory for a period of six
months. After six months, the slip assignment shall be re-offered
individually to applicants on the Lottery List in the same order as
the slip assignment was initially offered. If the slip remains unassigned
after the re-offer, the procedure shall be repeated every six months
until the slip assignment offer is accepted.
c. Procedure for Accepting or Declining a Slip Assignment Offer from
the Lottery List.
i. Acceptance of Slip Assignment Offer. Notification of slip availability
shall be mailed by the Waterfront Department to the applicant at the
applicant's most recent address on file in the Waterfront Department.
Acceptance of the slip assignment offer must be submitted by the applicant
in writing to the Waterfront Department within 14 days of the date
of mailing the notice of slip availability. Acceptance must be submitted
to the Waterfront Department in writing.
ii. An existing marina slip permittee, or spouse or legally registered
domestic partner of a slip permittee, who is offered a slip assignment
from the Lottery List shall relinquish an existing Slip Permit assigned
to that permittee or that permittee's spouse or legally registered
domestic partner to the Waterfront Department prior to, and as a condition
for, an assignment from the Lottery List.
iii.
Declined Lottery List Assignment Offer. Failure of an applicant
to accept a slip assignment offer in writing within 14 days of the
date of mailing of such offer by the Waterfront Department shall be
considered a declined offer. Declining a slip assignment offer will
not result in removal of the applicant's name from the Lottery List,
loss of the applicant's Lottery List Placement Fee, Lottery List Renewal
Fee, or change in the applicant's position on the Lottery List.
d. Lottery List Eligibility. An applicant whose name is on the Master
Slip Waiting List is not eligible for inclusion on the Lottery List.
4. Slip
Waiting Lists Fees.
a. Master Waiting List Renewal Fee. An annual non-refundable Master
Waiting List Renewal Fee in an amount established by resolution of
the City Council shall be paid by each applicant on the Master Waiting
List prior to the first day of November each year. Failure to timely
pay the annual renewal fee shall cause removal of the applicant's
name from the List.
b. Lottery List Placement Fee and Renewal Fee.
i. Lottery List Placement Fee. Each applicant selected for placement
on the Lottery List shall return the Lottery List Acceptance Form
along with a non-refundable Lottery List Placement Fee in an amount
established by resolution of the City Council. Failure to timely pay
the Lottery List Placement Fee shall cause the applicant's name to
not be placed on the Lottery List.
ii. Lottery List Renewal Fee. An annual non-refundable Lottery List Renewal
Fee in an amount established by resolution of the City Council shall
be paid prior to the first day of November each year. Failure to timely
pay the annual Lottery List Renewal Fee shall cause removal of the
applicant's name from the Lottery List.
iii.
Lottery List Assignment Fee. A Lottery List Assignment Fee shall
be paid by the applicant at the time a Lottery List slip assignment
is made in an amount established by resolution of the City Council.
Failure to timely pay the Lottery List Assignment Fee shall be deemed
a declined offer.
c. Slip Waiting Lists Transfer Fee.
i. Slip Waiting Lists Transfer Fee. Any slip permittee assigned a slip from either the Master Waiting List, Sub-Master Waiting List or Lottery List shall pay a Slip Waiting List Transfer Fee in an amount established by resolution of the City Council to transfer the slip within five years of the date of the slip assignment. After five years, a standard Slip Transfer Fee shall be paid in an amount established by resolution of the City Council. A slip transfer shall be accomplished in accordance with subsection
D herein.
ii. Exemptions from Slip Waiting Lists Transfer Fee; Mooring Licensee
Priority Assignment. Payment of the Slip Waiting Lists Transfer Fee
shall not be required for the transfer of a Slip Permit by a slip
permittee who obtained a permit to occupy a slip pursuant to a mooring
licensee priority assignment as provided in the "Marina One and Four
Expansion Slip Assignment Policy and Procedures" document. A standard
Slip Transfer Fee is required.
iii.
Hardship Waiver/Appeal. The Waterfront Department, Waterfront
Director, Harbor Commission or City Council shall not accept or consider
any slip permittee's appeal or request for a waiver from payment of
the Slip Waiting Lists Transfer Fee.
5. Commercial
Fishing/Aquaculture Slip Assignment. Commercial Fishing Slips shall
be offered for assignment only to qualified commercial fishermen.
Prior to assignment of a Commercial Fishing Slip from either the Master
Waiting List, Sub-Master Waiting List, or the Commercial Fishing Slip
Lottery, a commercial fisherman must demonstrate to the satisfaction
of the Waterfront Department that the commercial fisherman possesses
the following minimum qualifications: (i) a commercial fishing or
aquaculture permit issued by the California Department of Fish and
Game; (ii) a Fish and Game permit for the vessel that is to be moored
in the Commercial Fishing Slip as a commercial fishing vessel; and
(iii) satisfaction of the terms and criteria to qualify as a qualified
commercial fisherman, as established by City Council resolution, including
the requirement for earnings from commercial fishing in years prior
to the pending Commercial Fishing Slip assignment ("Qualified Commercial
Fisherman").
a. Master Waiting List. Commercial Fishing Slips that become available
for assignment to commercial fishermen on the Master Waiting List
shall be offered for assignment to the commercial fisherman registered
in the slip-length category of the available slip with the earliest
chronological application date. If there are no commercial fishermen
registered on the Master Waiting List in the slip-length category
available, the slip shall be referred to the Sub-Master List.
i. Acceptance of Commercial Fishing Slip Assignment Offer. A Commercial Fishing Slip offered for assignment to a commercial fisherman from the Master Waiting List shall be accepted in accordance with the procedures for acceptance of a slip from the Master Waiting List set forth in paragraph 1.b.i. of this subsection
C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman.
ii. Declined Slip Offers. Failure of an applicant to accept a slip assignment
offer in writing within 30 days of the date of mailing of such offer
by the Waterfront Department shall be considered a declined offer.
Declining a Commercial Fishing Slip offer shall result in removal
of the commercial fisherman's name from the Master Waiting List and
loss of all fees paid by the commercial fisherman.
b. Sub-Master Waiting List. Commercial fishermen registered for commercial
slips on the Master Waiting List shall also be applicants on the Sub-Master
Waiting List. The commercial fisherman registered for a commercial
slip on the Master Waiting List with the earliest chronological application
date shall be the first-ranked commercial fisherman on the Sub-Master
List. If a commercial slip offer is declined by all commercial fishermen
registered for commercial slips on the Sub-Master List, it shall be
referred to the Commercial Fishing Slip Lottery process for assignment.
i. Acceptance of Commercial Fishing Slip. A Commercial Fishing Slip offered for assignment to the Sub-Master Waiting List shall be accepted according to the procedures for acceptance of a slip from the Sub-Master Waiting List set forth in paragraph 2.b.i. of this subsection
C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman.
ii. Declined Commercial Fishing Slip Offers. Failure of the applicant
to accept the slip in writing within 14 days of the date of mailing
of such offer by the Waterfront Department shall be considered a declined
offer. Declining a slip offer will not result in the commercial fisherman's
name being removed from the List, loss of the applicant's fees, or
change in the applicant's position on the List.
c. Commercial Fishing Slip Lottery. A Commercial Fishing Slip that remains
unaccepted after being offered to all commercial fishermen registered
for commercial slips on the Sub-Master List shall be offered for assignment
according to a single lottery process called the Commercial Fishing
Slip Lottery. Procedures for formation of the Commercial Fishing Slip
Lottery shall be established by the Waterfront Department Slip Waiting
Lists regulation adopted by resolution of the City Council. To qualify
for participation in the Commercial Fishing Slip Lottery, all applicants
must timely submit a Lottery Participation Request in accordance with
the Slip Waiting Lists regulation containing the applicant's name,
telephone number and address. An individual may submit only one Commercial
Fishing Lottery List Participation Request.
i. Procedure for Assignment from Commercial Fishing Slip Lottery.
(A)
Offer of Commercial Fishing Slip Assignment. A Commercial Fishing
Slip that becomes available for assignment in accordance with the
Slip Waiting Lists regulation shall be offered for assignment to an
applicant according to his or her rank in the Commercial Fishing Slip
Lottery. The applicant ranked in the first position shall be offered
the available Commercial Fishing Slip. If the first-ranked applicant
declines the offer or fails to meet the requirements for a Qualified
Commercial Fisherman, the second-ranked applicant shall be offered
the Commercial Fishing Slip assignment, and so on.
(B)
Acceptance of Commercial Fishing Slip. Acceptance of the slip
assignment offer must be made in writing and submitted to the Waterfront
Department within 30 days of the date of mailing notice of slip availability.
The acceptance form shall include the necessary information to verify
qualification for a Commercial Fishing Slip. Any applicant failing
to submit the required information to verify eligibility, or any applicant
failing to meet the eligibility requirements set forth in this paragraph
5 for a Qualified Commercial Fisherman, shall be removed from consideration
for slip assignment during that Lottery.
(C)
Declined Commercial Fishing Slip Offer. Failure of an applicant
to accept the Commercial Fishing Slip assignment offer in writing
within 30 days of the date of mailing of such offer by the Waterfront
Department shall be considered a declined offer. Declining a slip
offer, or failing to meet the requirements for a Qualified Commercial
Fisherman shall result in removal of the applicant's name for slip
assignment in that Lottery.
(D)
An existing marina slip permittee who is offered a Commercial
Fishing Slip assignment shall relinquish an existing slip permit to
the Waterfront Department prior to, and in exchange for, a Commercial
Fishing Slip assignment from the Commercial Fishing Slip Lottery.
ii. Unassigned Commercial Fishing Slips. If a Commercial Fishing Slip
assignment offer is declined by all applicants selected in the Commercial
Fishing Slip Lottery, or if no selected applicants meet the requirements
of a Qualified Commercial Fisherman, the Commercial Fishing Slip shall
be held in the Waterfront Department's visitor-slip inventory for
a period of six months. After six months, the Commercial Fishing Slip
assignment shall be offered to applicants in a new Commercial Fishing
Slip Lottery. If the Commercial Fishing Slip remains unassigned, this
procedure shall be repeated every six months until the Commercial
Fishing Slip is assigned.
D. Transfer
of slip permits.
1. Procedure.
The permittee of a slip may transfer the Slip Permit to a new or changed
person upon the sale or transfer of an equity ownership interest in
a vessel if all the following conditions are met:
a. A written application for the transfer of a Slip Permit is filed
within 15 days after the sale or transfer of the equity ownership
interest in the vessel.
b. The slip permittee shall notify the Waterfront Department in writing
within 15 days of the sale or transfer of an equity ownership interest,
whether in whole or in part, of a vessel to an individual, entity,
non-profit or governmental agency and specify if the Slip Permit is
to be transferred or retained by the permittee.
c. Every permittee must supply proof of ownership of a permitted vessel
pursuant to the requirements of subsection B.2 of this section within
15 days of any change, in whole or in part, in the equity ownership
of the vessel.
d. The Transfer Fee or waiting list Transfer Fee and all other fees
and deposits are paid in full within 15 days after the sale or transfer
of interest, in whole or in part, of the vessel.
e. The owner must bring an operable vessel to the Administration Dock
for verification of length and beam. If the vessel is not operable,
the Waterfront Director may waive these requirements for not more
than 90 days, solely for the purpose of repair.
f. A slip permittee must be in good standing with the Waterfront Department
at the time that the Slip Permit transfer application is submitted
to the Waterfront Department. A slip permittee is in good standing
with the Waterfront Department if, at the time of submittal of the
Slip Permit transfer application, both of the following are true and
correct: (i) all fees or charges owed to the Waterfront Department
by the slip permittee have been paid in full; and (ii) the Waterfront
Department has not issued a written notice to terminate the Slip Permit,
whether such notice of termination has been received by the slip permittee
or not.
2. Death
of Slip Permittee.
a. Death of Sole Slip Permittee.
i. No Transfer of Slip Permit After Death. No Slip Permit may be transferred
after the death of a sole slip permittee.
ii. Notification of Death. Not later than 30 days after the date established
on the death certificate as the date of death of the slip permittee,
the administrator or executor of the estate of the slip permittee
shall notify the Waterfront Department in writing of the death. If
such notification is not received by the Waterfront Department within
30 days of the date shown on the death certificate as the date of
death, the Slip Permit shall be deemed to be terminated 60 days after
such date. Upon termination of the Slip Permit, permission to berth
shall be denied by the Waterfront Director, and the administrator
or executor of the estate of the deceased slip permittee shall remove
the vessel from the Harbor District immediately. Failure to immediately
remove the vessel from the Harbor may, at the option of the Waterfront
Director, result in the assessment of visitor fees at the visitor
fee rate then in effect.
iii.
Removal of Vessel. If notification of death as required in paragraph
ii above is received by the Waterfront Department, the estate of the
deceased slip permittee may have a period of time not exceeding 120
days after the date established on the death certificate as the date
of death of the slip permittee to remove the vessel from the slip.
All regular Slip Fees are due and payable by the estate during this
period.
b. Death of Slip Permittee with Spouse or Registered Domestic Partner
at Time of Death.
i. Assignment of Slip Permit After Death. Subject to compliance with the requirements below, a Slip Permit may be assigned to the surviving spouse or domestic partner (registered with the City Clerk in accordance with Chapter
9.135 of the Santa Barbara Municipal Code) of a slip permittee after the death of the slip permittee.
ii. Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, the administrator or executor of the estate of the slip permittee or the slip permittee's surviving spouse or registered domestic partner shall notify the Waterfront Department in writing of the death of the slip permittee. The notification to the Waterfront Department shall also state whether the spouse or legally registered domestic partner seeks assignment of the Slip Permit. Assignment of the Slip Permit to the surviving spouse or registered domestic partner will be approved by the Waterfront Director only if: (A) the surviving spouse or registered domestic partner can satisfactorily demonstrate an equity ownership interest in the vessel as provided in subsection
B of this section; and (B) either proof of marriage to the slip permittee at the time of the slip permittee's death is provided to the Waterfront Department or proof of registration on the domestic partnership list as the slip permittee's domestic partner at the time of the slip permittee's death is provided to the Waterfront Department. If notification is not received by the Waterfront Department within 30 days after the date established on the death certificate as the date of death of the slip permittee, or the surviving spouse or legally registered domestic partner does not qualify for assignment of the Slip Permit, the Slip Permit shall be deemed to be terminated 60 days after the date established on the death certificate as the date of death of the slip permittee. Upon termination of the Slip Permit, permission to berth shall be denied by the Waterfront Director and the surviving spouse, registered domestic partner or estate of the deceased slip permittee shall remove the vessel from the Harbor District immediately. Failure to immediately remove the vessel from the Harbor may, at the option of the Waterfront Director, result in the assessment of visitor fees at the visitor fee rate then in effect.
iii.
Removal of Vessel. If notification of death as required in paragraph
b.ii above is received by the Waterfront Department and the slip permittee's
surviving spouse or registered domestic partner does not seek assignment
of the Slip Permit, or does not qualify for assignment as provided
herein, the estate of the deceased slip permittee, surviving spouse
or registered domestic partner shall have a period of time not exceeding
120 days after the date established on the death certificate as the
date of death of the slip permittee to remove the vessel from the
slip. All regular Slip Fees are due and payable by the surviving spouse,
registered domestic partner or estate of the deceased slip permittee
during this period.
c. Death of Slip Permittee with Multiple Slip Permit Partners.
i. Slip Permit Remains Valid. Upon the death of one of the slip permittee
partners, subject to compliance with the requirements herein, a Slip
Permit held by multiple Slip Permit partners remains valid in the
names of the remaining Slip Permit partners.
ii. Notification of Death. Not later than 30 days after the date established
on the death certificate as the date of death of the slip permittee,
either the administrator or executor of the estate of the deceased
slip permittee or the deceased slip permittee's surviving spouse or
registered domestic partner or one of the remaining Slip Permit partners
shall notify the Waterfront Department in writing of the death of
the slip permittee. Such notification shall also state whether the
spouse or registered domestic partner seeks assignment of the Slip
Permit in the deceased slip permittee's partnership position or not.
To become a Slip Permit partner, the surviving spouse or registered
domestic partner must satisfy the requirements set forth in paragraph
b.ii above.
E. Yacht
brokerages.
1. Definitions.
For the purpose of this section, "yacht brokerage"
means a business entity that deals in the sale of vessels
in compliance with applicable state, federal and local laws and regulations,
and conducts the brokerage upon real property in the Harbor Area in
accordance with a current and valid lease agreement with the City.
2. Number
of Slips. No yacht brokerage may validly hold permits to more than
15 slips at any given time in the Santa Barbara Harbor. No more than
30 yacht brokerage slips shall be assigned at any time. Any assignments
exceeding these limits are void.
3. Slip
Assignments. Yacht brokerage slip assignments will be registered with
the Waterfront Department and the appropriate fee paid. Yacht brokerage
slip assignments shall not extend beyond one year. The Waterfront
Director retains the discretion to assign vacated slips, temporarily
cancelled slips, visitor slips, end ties and side ties as yacht brokerage
slips.
4. No
Overnight Stays. Use of any yacht brokerage slip for overnight stays
is illegal at all times and under all circumstances, unless expressly
authorized during emergencies by the Waterfront Director.
5. Payment.
Yacht brokerages will pay full monthly rental rates when due to the
City on all slips and will not charge slip rates in excess of that
charged by the City in the current Resolution of the City Council
establishing mooring and Slip Fees in the Santa Barbara Harbor.
F. Temporary
cancellation.
1. Temporary
Cancellation. A slip permittee may request temporary cancellation
of the Slip Permit. The Waterfront Department may grant the request
for temporary cancellation of a Slip Permit to a slip permittee desiring
to take an extended cruise for a period of not less than 90 days.
During the period of temporary cancellation, the permittee shall pay
a reduced Slip Fee equivalent to 25% of the normal Slip Fee. In the
event the permittee's vessel returns before expiration of the 90 days,
the full monthly slip rate will be reinstated and shall be charged
for the entire period of time that the permittee's vessel was absent
from the Harbor.
2. Ownership
of Vessel on Temporary Cancellation. A slip permittee must be and
remain at all times an owner of the vessel registered to the Slip
Permit that is issued temporary cancellation status by the Waterfront
Department. Relinquishing ownership of the vessel for any reason shall
be cause for termination of temporary status and reinstatement of
the full monthly Slip Fees beginning on the date ownership of the
vessel is relinquished. In the event that the vessel is destroyed
by fire or other natural causes, reinstatement of monthly Slip Fees
shall be determined by the Waterfront Director in his or her sole
discretion.
3. Removal
of Personal Belongings Prior to Temporary Cancellation. Prior to beginning
temporary cancellation status, all skiffs, kayaks, boat lines, fenders,
dock steps and all other appurtenances or equipment must be removed
from the slip berthing the vessel whose owner requests temporary cancellation
and from the dock adjacent to the slip berthing the vessel whose owner
requests temporary cancellation.
4. Temporary
Cancellation Exceeding One Year. Slip permittees with vessels absent
for more than one year on extended cruise shall advise the Waterfront
Department if the slip permittee intends to continue on extended cruise
status on or before the end of the one-year period and shall provide
the Waterfront Director with proof of ownership of the vessel. Lack
of annual notification or verification of vessel ownership is grounds
for revoking temporary cancellation status.
G. Visitor
slip assignments. The Waterfront Department retains the right to utilize
vacant slips and slips with temporarily canceled Slip Permits for
transient slip assignments. No more than 30 visitor slips, exclusive
of temporary cancellations and endties and sideties, shall be maintained
for transient vessels.
H. Exchange of permits. Slip permittees utilizing comparably sized slips may exchange (trade) slips with one another upon approval of the Waterfront Director. A processing fee or the slip transfer fee shall be charged upon the exchange of permits as provided by City Council resolution. A permittee subject to the Waiting List Transfer Fee (see subsection
C of this section) who exchanges a permit pursuant to this section shall remain subject to the Waiting List Transfer Fee. If the Waiting List Transfer Fee is charged following the exchange, it will be charged according to the fee applicable to the slip originally assigned. For purposes of the Waiting List Transfer Fee, the time the permittee holds the exchanged permit shall be added to the time the original permit was held. No exchanges will be permitted unless all rents, fees and deposits due are paid.
I. Waterfront
Director termination of slip permits. The Waterfront Director may
terminate a Slip Permit upon 30 days prior written notice of termination
(except for the longer notice period provided in paragraph 2 of this
subsection) to the slip permittee for any of the following reasons:
1. Late
Payment of Monthly Slip Fees. Monthly Slip Fees are due and payable
on the first day of the month with or without receipt of billing,
and monthly Slip Fees are delinquent after the 15th day of the month.
After the 15th day of the month, a late charge, in an amount established
by resolution of the City Council, will be assessed and added to the
Slip Fees which are delinquent. Failure to pay monthly Slip Fees,
together with all accumulated late charges, may result in termination
of the Slip Permit. Termination of a Slip Permit due to late payment
of Slip Fees may also result in termination of a live-aboard permit
that may have been issued to a slip permittee of the terminated Slip
Permit.
2. Death
of a Sole Slip Permittee. A Slip Permit shall terminate 60 days after
the date of death of a slip permittee under circumstances where the
slip permittee has no surviving spouse, registered domestic partner
or Slip Permit partners at the time of death.
3. Failure to Meet Requirements for Commercial Fishing Earnings. Failure of a person with a specially designated Commercial Fishing Slip Permit issued in accordance with subsection
B of this section to meet the requirements for commercial fishing earnings, as such earnings requirement is established by resolution of the City Council, may result in termination of the Commercial Fishing Slip Permit.
4. Failure
to Maintain Berthed Vessel in Operable Condition. Failure of a slip
permittee to continuously maintain a vessel berthed in a slip in an
operable condition may result in termination of the Slip Permit.
5. Failure
of Slip Permittee to Comply With Waterfront Department Rules and Regulations.
A slip permittee's or slip permittee's guest, visitor or invitee's
failure to comply with all applicable local, state and federal laws
and all Waterfront Department Rules and Regulations may result in
termination of the Slip Permit.
6. Failure
of Slip Permittee or guests or invitees to comply with standards of
health, safety and welfare in the use of slips, vessels and the Harbor.
J. Appeal.
If the Waterfront Director terminates a Slip Permit, the slip permittee
may request a waiver of the termination from the Waterfront Director.
To request a waiver, the slip permittee must file a written waiver
request setting forth the grounds upon which the waiver is requested
with the Waterfront Director within 10 days of the date that the Slip
Permit is terminated. If the Waterfront Director denies the waiver,
the slip permittee may appeal the Waterfront Director's decision to
the Harbor Commission. The appeal shall be filed in writing with the
City Clerk within 10 days of the date of the Waterfront Director's
decision. The Harbor Commission's decision on the appeal shall be
final. If no waiver request is filed, the slip permittee may appeal
the Waterfront Director's decision to terminate the Slip Permit to
the Harbor Commission. The slip permittee must file a written appeal
setting forth the grounds upon which the appeal is based with the
City Clerk within 10 days of the date that the Slip Permit is terminated.
The Harbor Commission's decision on the appeal shall be final.
K. Vessels
in the harbor must be operable.
1. Vessels
Assigned to a Slip Permit Must Be Maintained as Operable Vessels.
Vessels assigned to a Slip Permit must be continuously maintained
in an operable condition. If, at any time, based upon the appearance
of the vessel, inspection by the Waterfront Director, or other facts,
the Waterfront Director determines that a vessel is not operable,
the Waterfront Director shall give notice to the slip permittee requiring
the slip permittee to demonstrate that the vessel is operable within
15 days of the date of the notice. If the slip permittee does not
demonstrate operability of the vessel within the 15-day period, the
Slip Permit may be terminated and the vessel shall be removed from
the Harbor.
Exception Vessels Not Operable. Vessels that had assigned slips
in the Santa Barbara Harbor on September 9, 1980, and which, on that
date, were not operable, shall be exempt from the operation of this
section until transfer of the Slip Permit, after which time the operability
is required.
2. Vessels
in the Harbor Must Be Operable. Vessels in the Harbor must be continuously
maintained as operable vessels. It is unlawful to berth a vessel in
the Harbor that is not operable.
L. Issuance
of slip permit after termination. A slip permittee whose Slip Permit
is terminated as provided herein may not apply for another Slip Permit
until one year after the date upon which the Slip Permit is terminated.
The Waterfront Director shall have the sole discretion to decide whether
to issue another Slip Permit or not. The Waterfront Director's decision
shall be final.
(Ord. 4757, 1992; Ord. 5023, 1997; Ord. 5109, 1999; Ord. 5140, 2000; Ord. 5206, 2001; Ord. 5273, 2003; Ord. 5347, 2005; Ord. 5377, 2005; Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5453, 2008; Ord. 5458, 2008; Ord. 5500, 2009; Ord. 5528, 2010; Ord. 5767, 2016; Ord. 5901, 2019; Ord. 6090, 2022; Ord. 6108, 2023)
It is unlawful for any person to Moor, Berth, Dock or Anchor
any vessel or to allow a vessel under their command and control to
remain Moored, Berthed, Docked or Anchored in any part of the Harbor
District, except anchoring in the Seasonal and Year-Round Anchorage
areas depicted in Exhibit "A" attached hereto, without first obtaining
permission to do so from the Waterfront Director. The Waterfront Director
may refuse permission to Moor, Berth, Dock, or Anchor a vessel in
the Harbor District when the Waterfront Director determines it is
in the interest of public health, safety or the protection of the
environment, assets or resources of the City to do so.
(Prior code §24.24; Ord. 4757, 1992; Ord. 5386, 2006; Ord. 5602, 2012)
The Waterfront Director has the authority to determine if a sunken, submerged, or badly deteriorated vessel, or property of any kind is unseaworthy or is a menace to navigation. Any vessel or property in such condition will be declared to be a public nuisance and shall be considered abandoned property and subject to sale in the manner prescribed in Chapter
9.88.
(Prior code §24.5; Ord. 4757, 1992)
It is unlawful for any person to moor any vessel in any part
of the Harbor, without first submitting a written application to the
Waterfront Director, paying all fees to the City as required by this
chapter and obtaining a permit from the Waterfront Director.
(Prior code §24.25; Ord. 4757, 1992)
The City may grant a license to occupy and use a specific water
area in the Santa Barbara Harbor for the mooring of a specifically
named vessel. The location of the specific mooring shall be within
the sole discretion of the Waterfront Director. Licensee shall be
responsible for the provision, installation and maintenance of all
mooring equipment. Such equipment shall remain the property of the
Licensee. The type, quality, maintenance and location of mooring equipment
shall be as specified by the Waterfront Director. The City or Licensee
may terminate the license agreement for a mooring after giving reasonable
notice as provided in the license agreement. Upon termination of a
License to occupy a mooring, Licensee shall remove the mooring equipment
within 10 days. If not removed within 10 days, title to the mooring
equipment shall pass to the City and the City may remove and dispose
of such equipment as it deems appropriate.
(Prior code §24.26; Ord. 4757, 1992)
Slip fees and mooring fees shall be established by City Council
resolution.
(Prior code §24.36; Ord. 2845 §2, 1961; Ord. 2942 §1, 1963; Ord. 3178 §1,
1966; Ord. 3435 §1, 1970; Ord. 3791, 1975; Ord. 4757, 1992)
A. Deposit
for slip permits.
1. Amount
of Deposit Required. A deposit equal to two months' Slip Permit Fees
shall be paid with the first monthly slip permit fee payment.
2. Deposit
Increase. At the discretion of the Waterfront Director, Slip Permittees
may be required, upon 30 days written notice, to increase the deposit
set out above in paragraph 1 of this subsection, if the slip permit
fees have been increased and the existing deposit does not equal two
months' Slip Fees.
B. Payment
procedure for slip permit fees. Slip permit fees in an amount established
by resolution of the City Council shall be due and payable monthly,
in advance.
C. Payment
for mooring permits. Mooring Permit fees in an amount established
by resolution of the City Council shall be due and payable on the
date of Mooring Permit issuance and annually thereafter on the date
of renewal.
(Prior code §24.37; Ord. 3840, 1976; Ord. 4757, 1992; Ord. 5377, 2005; Ord. 5386, 2006)
The charges, fees and policies for the issuance of key cards
to open gates to the marinas, doors to the restrooms and related facilities
shall be established by the Waterfront Director and shall be approved
by City Council resolution.
(Prior code §24.36; Ord. 2845 §2, 1961; Ord. 2942 §1, 1963; Ord. 3178 §1,
1966; Ord. 3466 §1, 1971; Ord. 4133, 1982; Ord. 4757, 1992)
The unauthorized transfer or use of a key card is prohibited.
The entry into a locked or controlled marina, restroom or related
facility without a key card and without the authorization of the Waterfront
Director is prohibited. A violation of this section of the code is
an infraction.
(Ord. 4133, 1982; Ord. 4757, 1992)
A. Impound
and relocation of vessels berthed, docked, moored or anchored in the
harbor district in violation of the Santa Barbara municipal code.
A vessel berthed, docked, moored or anchored in the Harbor District
in violation of the Santa Barbara Municipal Code may be impounded
in its location, including a dock, pier, slip, wharf or open ocean
of the Harbor District, or may be impounded, relocated and stored
in another location designated by the Waterfront Director.
B. Impound
and relocation of vessels for delinquent fees. A vessel whose owner
is delinquent on the payment of Slip or other fees to the Waterfront
Department may be impounded in its location, including a dock, pier,
slip, wharf or open ocean of the Harbor District, or may be impounded,
relocated and stored in another location designated by the Waterfront
Director.
C. Payment of impound fee. The owner of any vessel impounded under either subsection
A or
B of this section, whether relocated and stored or not, shall pay an impound fee established by Resolution of the City Council, in addition to any storage or delinquent fees, to the Waterfront Director prior to release of the vessel.
D. Notice
of storage and hearing. Whenever the Waterfront Department impounds
and stores a vessel as permitted by this section, the Waterfront Department
shall provide the vessel's registered owner(s) of record, with the
opportunity for a post-storage hearing to determine the validity of
the storage.
1. Notice
of Storage. Notice of the storage shall be mailed or personally delivered
to the registered owner(s) within 48 hours, excluding weekends and
holidays, and shall include the following information:
a. The name, address, and telephone number of the Waterfront Department.
b. The location of the place of storage and description of the vessel.
c. The authority and purpose for the impound and storage of the vessel.
d. A statement that, in order to receive the post-storage hearing, the
owner(s) shall request the hearing in person or in writing within
10 days of the date appearing on the notice.
2. Post-Storage
Hearing. The post-storage hearing shall be conducted within 48 hours
of the receipt of the request for the hearing by the Waterfront Department,
excluding weekends and holidays. The City may authorize its own officer
or employee to conduct the hearing if the hearing officer is not the
same person who directed the storage of the vessel.
3. Failure
to Request or Attend Hearing. The failure of the registered owner(s)
to request or to attend a scheduled hearing shall satisfy the post-storage
hearing requirement.
4. Finality
of Hearing and Return of Fees. The Waterfront Department shall return
to the registered owner(s) of the vessel all impound and storage fees
paid by the owner if it is determined by the hearing officer that
reasonable grounds for the storage of the vessel are not established.
The decision of the hearing officer after the post-storage hearing
shall be final.
(Prior code §24.42; Ord. 4757, 1992; Ord. 5458, 2008; Ord. 5500, 2009)
A. Visitors
to the Santa Barbara Harbor shall pay, in advance, daily fees per
foot of vessel length, to the City, as established by City Council
resolution.
B. If
any visitor leaves a visitor berth or mooring, unless forced to do
so by weather or fire, without first paying accrued visitor fees,
both the vessel and the person representing the vessel shall be placed
upon a delinquent list, and will not be permitted to use any slip
or mooring without first paying double the fees incurred and an additional
charge of $10.00, except by the express permission of the Waterfront
Director.
C. It
is unlawful for any person using a vessel to overstay the "maximum
allowable stay," as established by City Council Resolution, without
the express permission of the Waterfront Director. Any person violating
this subsection shall pay a monetary penalty over and above the required
visitor fees as such penalty amounts may be established by resolution
of the City Council. The payment of such monetary penalties shall
not limit the City's ability to exercise any other remedy, civil or
criminal, or other administrative procedures, as may be set forth
in this code, against the person in violation of this subsection.
(Ord. 4757, 1992; Ord. 5315, 2004)
A. An
annual nontransferable permit fee as established by City Council Resolution
will be charged for the seasonal placement of vessels on a portion
of Leadbetter Beach, also designated and referred to as Catamaran
Beach, and year-round placement of vessels and storage racks on West
Beach in locations and upon terms and conditions designated by the
Waterfront Director.
B. It
is unlawful to place or store a vessel on Leadbetter Beach or a vessel
or storage rack on West Beach without a permit issued by the City
for such purposes, unless expressly allowed to do so by the Waterfront
Director in writing.
C. It
is unlawful to place or store containers, boxes, or any other vessel
equipment or appurtenances on Leadbetter Beach or West Beach unless
expressly allowed to do so by the Waterfront Director in writing.
D. In addition to prosecution under this code, when any person places or stores a vessel or storage rack without a permit, or one of the items described in subsection
C above, on Leadbetter Beach or West Beach, said vessel or item may be padlocked on the beach and it may be removed from its location and stored in another area inside or outside the Harbor as designated by the Waterfront Director. A storage fee as established by City Council shall be charged for the storage of unpermitted vessels or items as described in subsection
C above on Leadbetter Beach or West Beach.
(Ord. 4757, 1992; Ord. 5315, 2004)
A. Mooring
of vessels in the Harbor District.
1. Unlawful
Mooring in Harbor District. It is unlawful to place, erect, construct
or maintain a Mooring in any area of the Harbor District without a
current and valid Mooring Permit issued by the Waterfront Director
or without the express permission of the Waterfront Director.
2. Unlawful
Anchoring in Santa Barbara Mooring Area. It is unlawful for any person
having charge of a vessel to Anchor a vessel in the Santa Barbara
Mooring Area without express permission of the Waterfront Director.
B. Moored
vessels must be operable.
1. Unlawful
to Moor Inoperable Vessels. It is unlawful to Moor a vessel in the
Santa Barbara Mooring Area that is not Operable.
2. Moored
Vessels Must be Maintained as Operable Vessels. Vessels assigned to
a Mooring Site in the Santa Barbara Mooring Area must be continuously
maintained in an Operable condition. If, at any time, based upon the
appearance of the vessel, inspection by the Waterfront Director, or
other facts, the Waterfront Director determines that a vessel is not
Operable, the Waterfront Director shall give notice to the Mooring
Permittee requiring the Mooring Permittee to demonstrate that the
vessel is Operable within 15 days of the date of the notice. If the
Mooring Permittee does not demonstrate Operability of the vessel within
the 15 day period, the Mooring Permit shall be terminated and the
Mooring and vessel shall be removed from the Santa Barbara Mooring
Area as required in the Mooring Permit Rules and Regulations. Vessels
issued Special Activity Mooring Permits may be exempt from this provision,
based on a determination of exemption by the Waterfront Director.
C. Santa
Barbara mooring area use and regulations.
1. Use
of Mooring Sites. The Santa Barbara Mooring Area is divided into separate
designated Mooring Sites. Mooring Sites shall be used only for the
Mooring of Operable vessels and Dinghies by vessel owners who have
been issued a Mooring Permit by the Waterfront Director. Mooring Sites
shall not be used for commercial purposes without the express permission
of the Waterfront Director. Mooring Permittees shall at all times
use the Mooring Site in compliance with the Mooring Permit, Minimum
Ground Tackle Specifications, this chapter, and all local, state and
federal rules. Failure to comply with all rules and regulations shall
be cause for termination of a Mooring Permit.
2. Mooring
Permit Administration.
a. Mooring Permits may be issued by the Waterfront Director in accordance
with the Mooring Permit Rules and Regulations adopted by Resolution
of the City Council of the City of Santa Barbara.
b. Special Activity Mooring Permits may be issued by the Waterfront
Director.
c. Mooring Permit, Term. A Mooring Permit shall be issued for a period
of one year and may be renewed annually thereafter by the Waterfront
Director.
d. A Mooring Permittee shall hold no more than one permit. No person
shall at any time be issued or hold more than one Mooring Permit.
e. Slip Permittees Not Eligible for Mooring Permits. Slip Permittees
in Santa Barbara Harbor are not eligible for assignment of Mooring
Permits in the Santa Barbara Mooring Area, and Mooring Permittees
in Santa Barbara Mooring Area are not eligible for Slip Permits in
Santa Barbara Harbor either through assignment or transfer, unless
one of the permits is relinquished prior to issuance of the other
permit.
f. Transfer of Permit. Mooring Permits are not transferable or inheritable.
g. Rental of Mooring Sites Prohibited. It is unlawful for any person
issued a Mooring Permit to rent or lease (whether or not for compensation
paid or other value), sublease or loan a Mooring Site to any other
person or entity.
3. Termination
of Mooring Permit. Mooring Permits may be terminated either by the
Waterfront Director or the Mooring Permittee as provided in the Mooring
Permit Rules and Regulations. Upon termination of the Mooring Permit,
the vessel and Mooring shall be removed from the Santa Barbara Mooring
Area in accordance with the Mooring Permit Rules and Regulations.
4. Failure
to Timely Remove a Vessel or Mooring from the Santa Barbara Mooring
Area. If the Mooring is not removed within the time provided for such
removal in the Mooring Permit Rules and Regulations, title to the
Mooring shall vest in the City. The City may, thereafter, remove and
sell or dispose of the Mooring and recover the removal, storage or
disposal costs from the Mooring Permittee. If the Mooring Permittee
fails to pay such cost, the Waterfront Director may collect such costs
in any court of competent jurisdiction or may recover any costs from
the proceeds of sale of the Mooring. Vessels not removed from the
Mooring Site within the time provided in the Mooring Permit Rules
and Regulations shall be impounded by the City and subject to storage
fees, disposal or lien sale proceedings as provided by law.
5. Appeal
of Mooring Permit Termination. If the Waterfront Director terminates
a Mooring Permit, the mooring permittee may request a waiver of the
termination from the Waterfront Director. To request a waiver, the
mooring permittee must file a written request setting forth the grounds
upon which the waiver is requested with the Waterfront Director within
10 days of the date of termination under paragraph D.1 or D.2 of the
Rules and Regulations of Mooring Permits. If the Waterfront Director
denies the waiver, the Mooring permittee may appeal the Waterfront
Director's decision to the Harbor Commission. The appeal shall be
filed in writing with the City Clerk within 10 days of the date of
the Waterfront Director's decision on the waiver. The Harbor Commission's
decision on the appeal shall be final. If no waiver request is filed,
the mooring permittee may appeal the termination to the Harbor Commission.
The mooring permittee shall file a written appeal setting forth the
grounds upon which the appeal is based with the City Clerk within
10 days of the date of termination under paragraph D.1 or D.2 of the
Rules and Regulations of Mooring Permits.
D. Mooring
installation requirements and annual inspection.
1. Mooring
Installation. If offered a Mooring Permit, an individual shall place
a Mooring and vessel in the Mooring Site designated in the Mooring
Permit within 90 days of acceptance of the Mooring Permit offer. The
Mooring placement shall be made in accordance with the Minimum Ground
Tackle Specifications by a City-Approved Mooring Inspector. If the
Mooring and vessel are not timely placed in the Mooring Site, or if
the Mooring is not approved as required by the Mooring Permit Rules
and Regulations, no Mooring Permit shall be issued.
2. Mooring
Position. Any vessel moored in a Mooring Site within the City of Santa
Barbara Mooring Area shall be firmly secured to a Mooring in such
a manner as to prevent the vessel from drifting, dragging or otherwise
moving off the Mooring Site. If the Waterfront Director determines
that the migration of a vessel off the Mooring Site may cause an immediate
threat or danger to life, property or the environment, the Waterfront
Director may take action deemed necessary to abate such hazard. Any
costs incurred by such abatement shall be borne by the Mooring Permittee.
3. Mooring
Inspections. Moorings shall be inspected by a City-Approved Mooring
Inspector upon installation at the Mooring Site and annually thereafter
on each anniversary date of the issuance of the Mooring Permit (or
more frequently at the Permittee's option or as deemed necessary by
the Waterfront Director) to determine compliance with Minimum Ground
Tackle Specifications. The installation and inspection shall be performed
in accordance with the Mooring Permit Rules and Regulations by a City-Approved
Mooring Inspector at the Mooring Permittee's sole cost and expense.
(Ord. 5386, 2006; Ord. 5528, 2010; Ord. 5696, 2015)
A. Anchoring
in year-round anchorage areas. Subject to compliance with the rules
and regulations of the Waterfront Department, this chapter, and all
applicable state and Federal laws, vessels may Anchor at any time
in the Year-Round Anchorage.
B. Anchoring
in seasonal anchorage areas. Subject to compliance with the rules
and regulations of the Waterfront Department, this chapter, and all
applicable state and Federal laws, vessels may Anchor in the Seasonal
Anchorage during the months of April through October. It is unlawful
to Anchor in the Seasonal Anchorage during the months of November
through March.
C. Anchored
vessels must be operable. Vessels Anchoring in the Year-Round or Seasonal
Anchorages must be continuously maintained as Operable vessels. It
is unlawful to Anchor a vessel in the Year-Round or Seasonal Anchorage
that is not Operable.
D. Unlawful
mooring and anchoring. It is unlawful to (i) Moor a vessel at any
time, (ii) Moor or Anchor a vessel within 100 feet of any swim area
designated by the placement of regulatory buoys, or (iii) leave Anchoring
Equipment unattended without an attached vessel in the Seasonal or
Year-Round Anchorages.
E. City
removal of mooring or anchoring equipment. Any unlawfully placed Mooring
or abandoned Anchoring Equipment may be removed by the City and sold
or otherwise disposed of by the City as abandoned property. In addition
to any fees incurred pursuant to Section 17.20.260.D, the City may
recover the costs of removal, storage, or disposal of the Mooring
or Anchoring Equipment from the vessel's owner.
(Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5458, 2008)
A. Unlawful
anchoring.
1. Consent
of Waterfront Director Required to Anchor Vessels in Harbor. It is
unlawful to Anchor a vessel in the waters of the Harbor at any time
without the consent of the Waterfront Director.
2. No Anchoring in Harbor District Except as Provided Herein. It is unlawful to Anchor a vessel in waters of the Harbor District between the sunset and the sunrise, except the Seasonal and Year-Round Anchorages as delineated on the reference map attached as Exhibit "A" to Chapter
17.20, without prior permission of the Waterfront Director.
3. No Anchoring in Harbor District at Any Time. It is unlawful to Anchor a vessel in the waters of the Harbor District at any time of the day or night in the area located between the eastern edge of Stearns Wharf and a line connecting Boundary A and Boundary B on the western edge of the Seasonal Anchorage as depicted on the reference map attached as Exhibit "A" to Chapter
17.20 without the prior permission of the Waterfront Director.
B. Anchored
vessels must be operable. Vessels Anchoring in any area of the Harbor
District must be continuously maintained as Operable vessels. It is
unlawful to Anchor a vessel in any area of the Harbor District that
is not Operable.
C. Unlawful
mooring and anchoring. It is unlawful to Moor a vessel at any time
or to leave Anchoring Equipment unattended without an attached vessel
in the waters of the Harbor District not designated as Seasonal, Year-round
or the Santa Barbara Mooring Area.
D. City
removal of mooring or anchoring equipment. Any unlawfully placed Mooring
or abandoned Anchoring Equipment may be removed by the city and sold
or otherwise disposed of by the City as abandoned property. In addition
to any fees incurred pursuant to Section 17.20.265.C, the City may
recover the costs of removal, storage, or disposal of the Mooring
or Anchoring Equipment from the vessel's owner.
East Beach Mooring/Anchoring Program
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(Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5500, 2009)