Chapter 11.10
REGISTRATION AND MOORAGE AGREEMENTS
Sections:
11.10.030 Moorage license agreements.
11.10.040 Live-aboard permits.
11.10.010 Permitted moorage.
No vessel will be permitted to be moored at the facility, unless the vessel is properly registered, a moorage agreement entered into, and all fees and charges have been paid. All vessels mooring at the facility shall be seaworthy; upon request by the city, an owner/operator may be required to demonstrate the seaworthiness of the vessel. [Ord. 277 § 2, 1999; Ord. 217 § 3(1), 1995].
11.10.020 Registration.
(1) Time for Registration. All vessels must be registered with the city within 12 hours after arrival at the facility. Registration may be made with the business office of the city or with the harbormaster. If the time within which to register is after regular business hours, or if the harbormaster is not on duty, a registration form shall be completed and deposited in the drop-box located at the facility. Payment of the fee for the initial term of moorage and any other required fees or charges shall be made at the time of registration.
(2) Information and Authorization Required. At the time of registration, the owner shall provide the owner/operator’s name, residence and mailing address, telephone number, proof of ownership, current and valid documentation and registration, current billing information, and anticipated length of moorage. If the person making the registration is an operator only, owner authorization for moorage shall be made available upon request.
(3) Notice of Vessel Condition. At the time of registration, the owner/operator of the vessel shall provide notice of the physical condition of the vessel, including any structural limitations which could result in damage to the vessel if the vessel is towed or placed in dry dock. Notice of the physical condition of the vessel shall be updated from time to time when the condition of the vessel changes. [Ord. 277 § 2, 1999; Ord. 217 § 3(2), 1995].
11.10.030 Moorage license agreements.
(1) Requirements. No vessel shall be moored at the facility for more than 12 hours without the owner/operator entering into a moorage agreement with the city, according to the terms and conditions as set forth in the agreement.
(2) Period. A moorage agreement shall be either transient moorage, short-term moorage, or long-term moorage and shall be limited to the dates specified in the agreement. A “transient moorage” shall be any moorage exceeding 12 hours, but less than one week. A “short-term moorage” shall be a moorage for a period exceeding seven consecutive calendar days, but less than 30 consecutive calendar days. A “long-term moorage” shall be any moorage for a period longer than 30 consecutive calendar days.
(3) Space Assignment. Each vessel shall be assigned a dock space, which shall be the exclusive location where the vessel may be moored under the moorage agreement. [Ord. 277 § 2, 1999; Ord. 217 § 3(3), 1995].
11.10.040 Live-aboard permits.
(1) Any owner/operator may apply for a live-aboard permit, which shall be in addition to the moorage agreement and may be renewed annually. No live-aboard permit shall be granted unless the owner/operator can demonstrate to the satisfaction of the city compliance with all terms and conditions of this title and any state or federal laws and regulations, including, but not limited to, environmental regulations. Any live-aboard permit may be immediately revoked if the city determines the vessel or its owner/operator is in violation of any provision of this title.
(2) No owner/operator shall use or permit, or suffer another to sleep overnight, prepare food, or conduct any other activity normally connected with temporary or permanent lodging in any vessel moored at the facility without first obtaining a live-aboard permit. [Ord. 277 § 2, 1999; Ord. 217 § 3(4), 1995].
11.10.050 Renewal.
A short-term and long-term moorage agreement may be renewed upon application to the city, and subject to the moorage rates and any generally applicable terms and conditions of moorage agreements in effect as of the time of renewal. Application for renewal shall be made no later than the end of the last day specified as the period of the moorage agreement. If the moorage agreement has not been renewed according to this title, the moorage fee shall be assessed at the transient rate. No moorage agreement shall be renewed unless all conditions for the initial issuance of the moorage agreement are still being met, and all fees and charges are paid in full. [Ord. 277 § 2, 1999; Ord. 217 § 3(5), 1995].
11.10.060 Scope.
The moorage agreement shall allow the use of the facility for moorage purposes only, and shall grant no further rights, privileges or uses. [Ord. 277 § 2, 1999; Ord. 217 § 3(6), 1995].
11.10.070 Transferability.
Moorage agreements shall be issued only to the owner/operator of the vessel, and shall be valid only for the specific vessel designated in the moorage agreement. A moorage agreement may not be assigned, sold, or transferred by any means whatsoever; any such transfer shall be void. Sale of a vessel shall not transfer any rights or privileges under a moorage agreement; a valid moorage agreement does not ensure the transferee will be issued a moorage agreement. [Ord. 277 § 2, 1999; Ord. 217 § 3(7), 1995].
11.10.080 Revocation.
The moorage agreement may be revoked by the city upon 10 days’ written notice if the vessel or owner/operator is in violation of the terms of the moorage agreement or any provision of this title.
(1) Notice. Notice of revocation may be by personal delivery or certified mail to the owner/operator at the owner/operator’s last known address, and by posting notice on the vessel. The notice of revocation shall state the moorage agreement has been revoked, give the reasons therefor, and state the owner/operator has 10 days from the date of the notice to correct the violation or have the vessel impounded or otherwise secured at the owner/operator’s expense.
(2) Reinstatement. Upon proof of correction of any violation and payment of all costs and charges, the owner/operator may apply for reinstatement of the moorage agreement, which may be permitted by the city. If reinstatement is permitted, and a second violation occurs at any time within the next six months, the moorage agreement shall be immediately revoked, and no reinstatement shall be allowed. [Ord. 277 § 2, 1999; Ord. 217 § 3(8), 1995].
11.10.090 Cancellation.
A short-term or long-term moorage agreement may be cancelled by the owner/operator upon 10 days’ written notice to the city, which shall provide an address where the owner/operator can be reached after the termination of the moorage agreement for return of any refund as hereinafter provided. Upon cancellation, the owner/operator shall be entitled to reimbursement, which shall be the difference between the short-term or long-term rate, and the transient rate which would have been charged to the owner/operator for the dates of actual use of the facility had the moorage agreement been a transient moorage. [Ord. 277 § 2, 1999; Ord. 217 § 3(9), 1995].
11.10.100 Denial.
The city may deny a moorage agreement to a vessel which is a hazard to health or safety, or if the owner/operator is delinquent on any fee or charge under this title, or any other city ordinance, or if the owner/operator is unwilling or unable to provide the city with the required registration information. Immediately after a moorage agreement has been denied, the owner/operator shall remove the vessel from the facility, and shall neither moor the vessel nor permit nor suffer the vessel to be moored until all hazards to health or safety have been corrected and proof of such correction has been provided to the city, all such fees and charges are paid in full, or the required information has been completely provided. [Ord. 277 § 2, 1999; Ord. 217 § 3(10), 1995].