Except as expressly authorized in writing by the Waterfront
Director or his or her designee, no person shall engage in any business
or commercial activity of any kind whatsoever in the Harbor District
without first having applied for and obtained the appropriate license,
lease or permit.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5528, 2010)
It is unlawful to erect, repair, alter, relocate or maintain any post, distribute or display signs, commercial advertisements or circulars within the Harbor District, or to direct or authorize another person to do so, except pursuant to a sign permit obtained in accordance with Chapter
22.70 of the Santa Barbara Municipal Code, unless the sign is specifically exempted from the permit requirements as provided in Chapter
22.70. The requirements of this chapter shall not apply to a "For Sale" sign displayed on a vessel occupying a slip by the owner of the vessel, or a sign, an announcement, or a flyer posted on a bulletin board provided on a Marina gate.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5528, 2010)
A fee, established by resolution of City Council, shall be charged
by the Waterfront Director for each Business Activity Permit issued
pursuant to this chapter. The permit extends for a period of one year,
beginning on August 1 of each year and expiring on July 31 of each
year.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5458, 2008)
Activities permitted shall be subject to such further regulation,
in the public interest, as determined by the Harbor Commission at
a regularly noticed meeting.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)
The following activities by the permittee shall be grounds for
revocation of the Business Activity Permit by the Waterfront Director
without refund of fee:
A. Any
of the following activities or any other activities which violate
Waterfront policy, City ordinances or any State or Federal Law,:
1. Any
activity which causes a risk of injury or property damage to any person.
2. Any
activity which poses a navigation hazard with the Harbor.
3. Any
activity which impedes the free circulation of vessels, vehicles or
persons within the Harbor District, or adversely affects traffic.
4. Any
activity which pollutes the Harbor waters or litters the marinas,
walkways or land areas of the Harbor District.
B. Any
misrepresentation in the application for a Business Activity Permit.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)
Business Activity Permits are not transferable.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)
If the Waterfront Director denies or revokes a Business Activity
Permit, the permittee may request a waiver of the denial or revocation
from the Waterfront Director. To request a waiver, the 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 permit is denied or revoked. If the Waterfront
Director denies the waiver, the 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 permittee
may appeal the Waterfront Director's decision to deny or revoke the
permit to the Harbor Commission. The 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 that the permit is denied
or revoked. The Harbor Commission's decision on the appeal shall be
final.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5528, 2010)
The payment of a business tax, or a building or sign permit
fee by the City does not constitute a permit under this chapter, nor
shall the granting of a permit under this chapter excuse the payment
of a business tax or the obtaining of any other permit, or non-compliance
with any applicable law.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)
Still, motion or sound photography is permitted in the Harbor
after doing the following:
A. Obtaining
permission of the Waterfront Director; and,
B. Obtaining
the appropriate permits from the City of Santa Barbara; and,
C. Paying
appropriate fees as established by City Council resolution.
(Ord. 4757, 1992)