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.
Procedure for Slip Assignment to Waitlist 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 to the highest ranked waitlist applicant. The available slip shall be offered to each applicant in turn until the slip is either accepted by an applicant or declined by all applicants. If a slip assignment offer is declined by all applicants on the List, the slip shall be held in the Waterfront Department's visitor slip inventory.
2.
Procedure for Placement on the Slip Waitlist.
a.
For the first year following adoption of this policy, the existing Master, Submaster, and Lottery Waitlists will constitute the Slip Waitlist. The following year, the Waitlist shall be comprised of either 10 applicants or twice the number slips awarded from the Waitlist in the previous year, whichever is greater. This list will be selected by lottery held at a public Harbor Commission meeting. This list and each subsequent list will remain in place for one year, until replaced by a new Waitlist drawn by lottery in the same manner.
i.
Applicants selected in the lottery are ranked in the order drawn.
ii.
Within five business days of the drawing, the Waterfront Department shall send written notice by certified mail to selected applicants, stating their rank and offering placement. A Lottery Waitlist Acceptance Form will be included. Applicants must return the Acceptance Form and placement fee within 30 days.
iii.
Applicants who fail to respond within the applicable period are removed from consideration.
b.
Any existing marina slip permittee, or spouse, or legally registered domestic partner of a slip permittee is not eligible for placement on the Waitlist, or assignment of a slip from the Waitlist.
3.
Procedure for Accepting or Declining a Slip Assignment Offer from the Lottery List.
a.
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.
b.
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 Waitlist, loss of the applicant's Waitlist Placement Fee, or change in the applicant's position on the Waitlist.
c.
Any slip received from the Waitlist shall be designated as non-transferable. No individual or entity shall be permitted to transfer, sell, or assign their rights to these slips to any other party.
4.
Slip Waiting Lists Fees.
a.
Waitlist Placement Fee.
i.
Waitlist Placement Fee. Each applicant selected for placement on the Waitlist shall return the Waitlist Acceptance Form along with a non-refundable Waitlist Placement Fee in an amount established by resolution of the City Council. Failure to timely pay the Waitlist Placement Fee shall cause the applicant's name to not be placed on the Waitlist.
ii.
Waitlist Assignment Fee. A Waitlist Assignment Fee shall be paid by the applicant at the time a Waitlist slip assignment is made in an amount established by resolution of the City Council. Failure to timely pay the Waitlist Assignment Fee shall be deemed a declined offer.
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 the waitlist, 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.
Acceptance of Commercial Fishing Slip Assignment Offer. A Commercial Fishing Slip offered for assignment to a commercial fisherman from the waitlist shall be accepted in accordance with the procedures for acceptance of a slip from the Master Waiting List set forth in subsection C.3.a. 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.
b.
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 Waitlist 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 Subsection C.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 not 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.
g.
The nine commercial fishing slip permits located at Cabrillo Landing shall be designated as non-transferable. No individual or entity shall be permitted to transfer, sell, or assign their rights to these slips to any other party.
i.
In the event a Cabrillo Landing slip permit is terminated for any reason, the rights to the associated slip shall automatically revert back to the City.
ii.
Upon reversion of the slip to the City, the slip shall be reassigned through the Commercial Fishing Slip Lottery.
iii.
Only individuals or entities who meet the requirements set forth in the Commercial Fishing Policy shall be eligible to participate in the lottery for the reassignment of any of the nine slips.
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. "Yacht brokerage" "Yacht brokerage slip"
Definitions. For the purpose of this section,
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.
means any slip assigned to a yacht brokerage.
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 end ties and side ties, 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; Ord. 6186, 8/19/2025; Ord. 6205, 1/27/2026)
