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SR-05-22-1979-6Noanta Monica, Califo -aia, Ni-f 11, 1979 o IV TO: Mayor and City Council MAY 2 2 1979] FROM: City Staff , SUBJECT: Santa Monica Pier Introduction The report requests the City Council to ratify the emergency agreement with Caltrans for ferry service, to extend it through June 26, 1979, allowing time to negotiate a more extensive agreement with Caltrans. Background Caltrans contacted the City on Saturday, April 28, 1979, to discuss arrangements for a ferry service to be run for Malibu residents affected by the slide closing the Pacific Coast Highway. Staff arranged for a meeting on Sunday, April 29, 1979, where the City Attorney drafted an agreement-protecting the City from liability and ensuring Caltrans' accountability in this operation. The agreement was for a two week period ending May 13, 1979. Caltrans originally planned to operate the ferry service only for this two week period. Subsequently, the highway has again been closed by another slide. This has prompted Caltrans to seek a longer agreement with the City. Staff has not had sufficient time to negotiate a contract which would include a docking fee or passenger fee, since the extension request has only recently been made. Because of the timing, staff has extended the emergency agreement until the Council can act on May 22, 1979. 4A/ MAY 2 2 1979 TO: Mayor and C' `y Cour ^i1 May 10 1979 -2 Alternatives 1. Ratify the existing contract and extend it through June 26, 1979 to allow staff to negotiate a more comprehensive contract with Caltrans. 2. Council may deny Caltrans request to use the Santa Monica Pier. Recommendation Staff recommends Council ratify the existing ferry service agreement and extend it through June 26, 1979, allowing staff to negotiate a more extensive contract with Caltrans. Prepared by: Donald T. Arnett, Director Recreation and Parks DTA:jw Attachments CITY OF CALIFORNIA DEPARTMENT OF RECREATION AND PARES CITY HALL USE AGREEMENT FOR FERRY SERVICE This agreement is entered into by and between the City of Santa Monica (hereinafter City) and the State of California, acting by and through the Department of Transportation (hereinafter CALTRANS) (1) THE PERMITTED USE: City in consideration of the mutual covenants and conditions herein permits CALTRANS and its agent and contractor to conduct a ferry transportation service between Malibu Pier and Santa Monica Pier with passenger service only. Service shall be c2nducted to and from the southerly loading facilit only and only when it is safe to do so. (2� DURATION OF PERMIT: The use shall commence on April 30, 1979 at 7:00 A.M.. The permit is granted without charge for the initial two weeks .after commencement, and shall terminate unless extended) on May 13, 1979. (3) HOLDHARMLESS: CALTRANS agrees to hold the City of Santa Monica, its agents, servants, and employees harmless from any liability, ---loss, damage or injury arising directly or indirectly from the actions of any of its agents, servants, contractors, or employees, or from the actions of Universal Marine its agents,servanta, contractors or employees in connection with this agreement or the above described transportation activity or facility. (4) RULES AND REGULATIONS: CALTRANS agrees that it and its officers, agents, servants, contractors, and employees having any part in the direct administration of said'farry facility have a full and complete knowledge of the pertinent provisions of the rules and regulations governing Santa Monica Pier and Santa Monica Harbor, and each are fully knowledgable of all risks and hazards connected therewith. CALTRANS acknowledges and agrees that each of the above will comply with said rules and regulations, will operate in a safe and efficient manner, will obey all lawful orders of the City or its harbor department or its authorized employees, and will assume any and all responsibility and risks connected with such operation. (5) CHARGES FOR FACILITIES: Any usage of pier facilities including but not limited to docking, parking, transportation, or use of space shall be paid for at the same rate as that charged to other pier users. (6) WARRANTY OF AUTHORITY: Each person executing this agreement warrants that he has authority to bind his principal. (7) Any ambiguity with reference to the interpretation or construction of this agreement shall favor the City. EXECUTED THIS 29 day of April 1979 at Santa Monica, California. STATE OF CALIFORNIA, acting by and th ough the D partment of sp rtati HiEINZ EC OT Chief Depu y District Director i . �•�1`�F- ';,may . Y - SANTA DIONICA _MU ICIPAL CODE ppp R-32 Chapter 2 — MUNICIPAL HARBOR SECTION 10200. Definitions. For the reauon and Parks or the Beaches and - <• _ purpose of this Chapter, certain wor:is Harbor Caotain in charge of the .lfunic- - - ! and phrases are defamed and certain pro. ipal Harbor. Any duties to be performed ' visions shall be construed as herein, ref by the Harbormaster may be performed forth, unless it is apparent from the by either. context that a different meaning is in- Y' tended. SECTION 10205. Inspection. No per- _ son shall place, or cause to be placed, a -- SECTION 10201. "Santa Monica Par• mooring in the harbor, or in the pro- - bar," or "harbor" is that portion of the tected area adjoining breakwater, with- Santa Monica Bar included within the out first having applied for and secured - corporate territorial limits of the City-. a certificate of inspection under the pro - '•- - - SECTION 10202. "Vessel" includes visions of this Chapter, showing that an steam boat, motor boat, sailing boat. inspection of said mooring has been :Wade and that the said mooring complies barge, lighter. ferry boat, pleasure c,-aft. . with each of the requirements of this - and any and all other water craft. Chapter. SECTION 10203. "Mooring" include= -No person shall maintain a mooring any weight, chair, rope, float, structure. in the harbor, or in the protected area ' or appliance which is used by a vessel ad<oining breakwater, when not the hold - / for anchoring purposes and which is not er of a certificate of inspection, which \. carried aboard such vessel as regular is then in full force and effect and issued equipment when under way. under the provisions of this Chapter, - showin- that an inspection of said moor - 'vwithin SECTION' 10204. "Protected Area Ad- ing hati been made the period of - joining Breakwater- is that portion of two years and that the said mooring - the harbor situated between the break- complied with each of the requirements water, now situated in said harbor, and of this Chapter. • the shoreline. as indicated on that cer- tain map on file in the office of the Citv SECTION 10206. Certificate of In- - Engineer and entitled "Santa \Ionics spection. A certificate of inspection shall Yacht Harbor. Permanent Anchorage be issued upon written application,- to Plan. Plan No. 665, File No. ld," which the Harbor Master therefor on a form said map is hereby adopted as a part of to be provided by the City and upon pay- ' (( - this Chapter by reference. ment of the inspection fee as hereinafter provided, in the evens that an inspeetioln SEC=-ON 10204A. 'Harbormaster as of the mooring designated in the appli- " used in tr_ chapter shall me ?n •h >_ Su- cation discloses that said mooring con. + .cis per:mtem _=t:: of the Division of Fe_ches plies with each of the requirements of and Ea-...:s cf the Department of Brc- taws Chapter, w SANTA SI0:71CA 'MUNICIPAL COIII; A certificate of Inspection may be re- vokcd at any time by or at the order of, • the Ilarbor :Master upon five days notice to the holder thereof, in the event of a determination that the mooring for which the certificate of inspection had r - been issued has ceased to comply with the requirements of this Chapter. SECTION 10207. Fees. Inspection. An inspection fee of Fifty Cents shalt be paid for each mooing to be inspcetrd upon the filing of an application for a certificate of inspection. 8°°.10208 SECTION 10 208. Requirements. No y� O,d. d person shall place or maintain a moor - 9268ces ing in the harbor, or in the protected adopt. areas adjoining breakwater, and a cer- 2.21.50 tificate of inspection shall not be issued 15 to 20 therefor, unless said mooring complies 600 with each of the following requirements: "/s" (a) The mooring buoy shall be so con - 2}'s" strutted that some portion thereof shall - extend out of the water for at least one ,- foot at all times. 223 n•+ (b) All moorings, including the buoys thereof, shall be of metal; provided, however, that no engine block shall be used as an anchor weight. (c) All chains and fastenings shall be of sufficient size to withstand a break- ing strain of at Icast_sis -times -the weight of -thc' mooring. (d) Painters, chains and fastenings on uoys shall be kept in good serviceable ondition at all times and shall be so rranged that when dropped they w' (c) There shall be painted on the buoy and legible at all -times the number allo- cated to the mooring by the Harbor Master, or by such other official as may be designated by the City. (f) The weight of any mooring shall be of suffcient weight to prevent the said mooring from being dragged by the vessel intended to be made fast, or at- tached to it and in each instance shall comply with one of the following sched- ules of minimum requirements: "A" Length of Size of Chain Bow Weight Stern Weight Size of Boat - `(Dun.) (Lbs.) (Lbs.) Pick -up Line 15 to 20 9d" 600 400 "/s" 20 to 25 2}'s" Soo 600 1" 25 to 30 g's" 1000 S00 45 to 60 30, to 45 Zia" 1500 1200 13i" 45 to 60 9a" 2000 1500 2" 60 to 85 % 2500 1800 2la" 85 to 100 °/s" 3000 2400 2%— 100 to 150 1" 4000 3000 3" °B" Length of - Size of Bow Anchor Stern Anchor Boat (Feet) Chain (Lbs.) (Lbs.) 15 to 20 ge" 100 75 20 to 25 r/a" 125 100 25 to 30 ii" 150 125 30 to 45 g's" 300 250 45 to 60 ",:" 500 400 60 to' 85 ''/s" 800 600 85 to 100 1" 1000 800 100 to 150 1" 1500 1200 �,. The scope of chain to be used under (g) Anchor weights shall be shackled .either of the above set forth schedules to chains with regular sea -type shackles. shall be 3 to 1 on the Pow and 2!:, to 1 Popes shall be connected to chains or in n - norticn to the dcnth p connected In 10200 R"IgIA By Orb. B671ces AOWtee 131.80 see. 1020G Ammeee By ore. •10310cs AVI'd d -21 -76 Sec. 102M Added By orb. M2060GS A6opled i -2 -50 SANTA MONICA MUNICIPAL CODE SECTION 10209A. Mooring Fees. City- owned Moorings. A mooring fee shall be paid for the privilege of tying or otherwise securing any vessel to any mooring owned and main- tained by the City. The fee therefore shall be in accordance with any schedule provided for in any ordinance or resolution of the City. Nothing herein contained shall preclude the Harbor Master from designating certain City -owned moorings as Guest - moorings, and permission may be given to him to make fast to such moorings without a charge being made therefore. SECTION 10209B. Same. Lien for Un- paid Mooring Fees. No mooring on which any mooring fees are unpaid may be removed without the prior written consent of the Har- bor Master. In addition to all other remedies provided by law for the collection and enforcement of charges or fees due for the renting of mooring space or for the privilege of maintaining a mooring in the harbor or in the protected area adjoining the breakwater, the City shall have a lien upon the mooring so maintained for the maintenance of said mooring in said space. Whenever such lien is lost by reason of loss of possession through trick, fraud or device, the repossession of the mooring by the City shall revive such lien. Any lien of the City upon such mooring for the renting of mooring space or maintaining of the same, may be foreclosed in the same manner as is provided generally by the Civil Code of California for the foreclosure of liens upon personal property; provided, however, nothing contained herein shall pre - elude the City, through its Harbor. Master, from entering into an agreement with an applicant for any mooring space, permitting private sale of any mooring on which such charges are delinquent. n- y •TS -� :T 223 -A R -56 SECTION 10209C. Same. Lien. City see. te2BSc Owned Moorings. No vessel on which any Added mooring fees for the privileges of mooring, 1206CCS security or tying to a City owned mooring in A6oq1� the harbor or in the protected area adjoining t -21•sa the breakwater are due and unpaid, may be removed without the prior written consent of the Harbor Master. In addition to all otherremedies provided by law for the collection and enforcement of charges or fees due for the mooring, tying or securing to any such City owned mooring, the City shall have a lien upon vessels for the mooring, tying or securing thereof to such moorings. Whenever such lien is lost by reason of loss of possession through trick, fraud or device, the repossession thereof by the City shall revive such lien. Any lien of the City upon such vessel for the mooring, tying or sec- uring to any such City owned mooring may be foreclosed in the same manner as is provided generally by'the Civil Code of California for the foreclosure of liens upon personal proper- ty. SECTION 10209D. Right to Remove Ves- Se0. ium sel from Private Mooring. Whenever any Added BY Ore. mooring fee for maintaining a mooring as pre- xzoeces scribed in Section 10209 is due and unpaid and Ae tee 2 the City seeks to foreclose the lien thereon as -2'-50 prescribed in Section 10209B or to sell the same at private sale pursuant to the power granted in said Section 1020913, the Harbor Master or his authorized agent shall have the right to move any vessel moored, tied or sec- ured to such mooring after giving 10 days writ- ten notice to the person holding the permit for said mooring space, by mailing such notice to such person at the address set forth in the application for said permit for said mooring space. All such vessels removed for such reason by the Harbor Master shall be made fast to a City owned mooring or stored in some reasonable place and the charge against such vessel for such mooring or storing shall be at the rate of $1.00 per day. The City i I , SANTA MONICA MTINICIPAL CODE 223 -8 shall have a lien against such vessel for any such storage or mooring fee due and unpaid and shall have the right to fore- close such lien In the manner prescribed In Section 10209c after such vessel has been stored or moored for 30 days. The notice required hereby shall state that the vessel will be removed from said mooring space and held by the City and that a charge therefor shall be made as provided in this section and that such vessel may be sold as provided herein after the same has been held by the City fora period of more than 30 days. Such notice shall state In addition that such vessel at all times Is being held by the City for the use of the owner or author- R -4 ized agent of the same and that such vessel will be available to the owner. or his authorized agent within said 30 day period upon receipt by the City of all fees due and unpaid to the City for the mooring or storing of said vessel or for the maintenance of any mooring space at which said vessel was located.. There shall be no liability of any char- acter upon the City, any officer, agent, or employee thereof, for the removing of such vessel, nor for the mooring or storing of the same, nor for any damage or Injury to such vessel by reason of such removing, mooring or storing, whether such damage or injury be caused by negligence or otherwise. SANTA MONICA MUNICIPAL CODE 221 R -6 SECTION 10210. Mooring Markers. master nor any person having charge of Upon issuance of a mooring permit, the any vessel shall anchor or moor the same City shall cause a marker or markers within a fairway as designated on "City to be placed indicating the place or of Santa Monica Harbor Map" showing I places where the mooring is to be set, location of moorings and fairways on file No person shall act or maintain a moor- in the office of the City Engineer, a copy ing in said harbor or in said protected of which is on file in the office of the area adjoining breakwater in a place Harbor Master. - other than the place indicated by said Neither the master nor any person , City by said marker. having charge of any vessel shall make SECTION 10211. Anchoring Vessels. the same fast to the front of any wharf, No person shall anchor a vessel other pier or dock in the Harbor without the - than by use of a mooring in the pro- consent of the owner, agent or person in tected area adjoining breakwater with- charge of such wharf, pier or dock. - out first having applied to the Harbor Master for and secured a permit author - SECTION 10216. Vessel L Lying at izing such anchorage. Wharf. Any vessel lying at any wharf - - _ - SECTION 10212. Time Limit. In the or any slip in the such shall be em thereto with ouch head and stern - - event that space is available in the Mes hues from both bows and quarter in protected area adjoining breakwater, a - '- such a manner as to meet the approval permit to anchor a vessel other than by of the Harbor Master. use of a mooring may be issued fora period not to exceed two weeks upon SECTION 10217. Abandoned Moor- - written application therefor on a form ing. Any mooring which is abandoned to be provided by the City and upon or the use of same discontinued, by the payment of a permit fee ai hereinafter person installing or acquiring the same, provided. or which has remained disconnected from - - SECTION 10213. Anchoring Fee. A any surface float previously attached permit fee of twenty -five cents shall be to such mooring after thirty days' notice .. paid for each anchoring permit issued. of such condition to the person using No such permit shall be issued in the the same, and failure by him to restore r' event that the anchoring of a vessel in such mooring during such thirty day accordance therewith will endanger other period, shall revert to and become the - vessels - moored. or anchored in -the said — property of the City,--and thereafter the - protected area adjoining breakwater or City may restore, repair and replace _ will endanger vessels being navigated such mooring, and the same shall there- , in and about said* protected area. Such upon be held and used by said City. ' - permits in all cases shall be revocable. No person shall take possession or - SECTION 10214. Place Designate& control of or use any such abandoned No person shall anchor a vessel other or discontinued mooring without author - than by use of a mooring fa the pro. ity of the Harbor Master. - tested area adjoining breakwater in a place other.than -the place specified -._in SECTION 10218. Order to Change -hfooriag. - the permit authorizing such anchorage. If any vessel arriving and - SECTION 10215. Unauthorized Moor- anchoring or being moored or fastened to any wharf or other vessel in the ing. No person shall make fast or attach harbor, or in the protected area adjoin- my vessel to any mooring belonging to the City and situated in the harbor ing breakwater, shall be so moored or - - or in the protected area adjoining break - placed as to be unsafe or dangerous to any other vessel previously lying at an- t water, without the consent first had and chor in said harbor, or moored or fast. ` obtained of the Harbor Master, and any - -ened as aforesaid, -the Harbor Master such vessel shall at all times be subject is hereby authorized and directed forth - to removal by, or at the order of, the with to order and direct the position of - Harbor Master. No person shall make fast or attach said vessel to be changed in such manner - any vessel to any mooring belonging to as to obviate such insecurity or danger, and the Master or other person having any person and situated in the harbor or in the protected area adjoining break- charge of the offending vessel shall water, without the consent first had and forthwith cause its position to be changed m directed by the Harbor Mas. - - obtained of the Harbor Master, when said vessel is not the vessel designated ter, and upon the failure or refusal of yy in the - application -under which permit- such Harbor Master or other person in chargazf_offending 1� was issued permitting the placement -or maintenance of saldmooring� vessel to- changEdher- - position of said - vessel, as directed 3y -- --be - SECTION 102158. -Same. Neither the the Harbor- Master;-Jt shall the duty_ -.- - of the. Harbor-Master -or his sgent-Ao = t �.d -h SANTA MONICA MUNICIPAL CODE 225 R -22 forthwith board said vessel with such assistance as may be necessary and change the position of said vessel, and all expense incident changing the posi- tion of said vessel may be recovered from the Harbor Master or owner of said vessel by a suit in the name of the City in any court of competent juris- diction. SECTION 10221. Any person who s� toast drives or operates any vessel upon the waters of the harbor or the Pacific Ocean ba ocs within the jurisdiction of the City in neootw willful or wanton disregard for the safety �at•oe of persons or property is guilty of a misdemeanor and upon conviction there- of shall be punishable as in this Code provided SECTION 10218a. Same. The master SECTION 10222. Muffiers. No person -_ _ or other person in charge of any vessel---shall run, drive or propel any gasoline launch or boat operating with an out- within the corporate limits of the City within in position to prevent or interfere board motor, in the harbor or the waters with the mooring or passage of any the Pacific Ocean under the jues - - other vessels or other water craft, from ti of the City, unless at all times the the any part of the harbor to another part exhaust exhaust from the motor is such gasoline thereof, shall, when required or directed launch, or boat with out -board motor, _ t - by the Harbor Master, forthwith change m ejected through a good and sufficient the position of the vessel or other water, muffler properly attached thereto. craft to such place as may be directed "�C - • by the Harbor Master. I SECTION 10223. Obstructions. When ever the navigation of any navigable - SECTION 10219. Anchor Lights. All water within the corporate limits of the City shall be obstructed or endan- - vessels anchoring or mooring in the gered by any vessel or other obstruc- harbor shall, between sunset and sun- tion, the Harbor Master may, at his - rise, conform to the Rules and Regula- discretion, give written notice to the tions of the United States regarding an- Vessel Master, owner or owners of such - chor lights in inland waters of the United obstruction, requiring them to remove - States as set forth in the Navigation it. Whenever any such obstruction has ._ .. Laws of the United States. existed for a period longer than ten days, or whenever the abandonment of - SECTION- -102-19a. Same: - Ever"es —any vessel or other_ obstruction can be sel lying alongside a wharf, or along- legally established in a less space of - side a vessel berthed at a wharf, shall, time, the vessel or other obstruction - from sunset unfit sunrise, be provided shall be subject to removal, sold or with proper lights, and shall be pro- otherwise disposed of by the Harbor Master, - vided continuously with such appliances at his discretion, without Habil- in the way of gangways and manropes ity for any damage to the owner of the - as may, in the opinion of the Harbor same. Master, be necessary for the convenience - and safety of persons passing to and SECTION 10224. Same. No person _ from such vessel, and every gangway shall tie up or anchor a vessel in the - fixed for the purpose of giving the harbor, or in the protected area adjoin. crew or other persons access to the ship ing, breakwater, in such manner as to or vessel after dark shall be brightly prevent or obstruct the passage of other . illuminated by the best available means --- vessels,- or to voluntarily or carelessly as long as such gangways is in- comma• sink any - vessel -in any channel, or to nication with the shore. float loose timbers, logs or piles in any channel in such a manner as to ob- SECTION 10220. Damage to Prop- struct, impede or injure navigation. -- Whenever a vessel -is wrecked'or sunk erty. Every person and every vessel in the harbor, or in the protected area responsible for any - damage to any mu- .adjoining -- breakwater, accidentally, or nicipal property of any kind or charac- otherwise, it shall be the duty of the ter in the waters of the Pacific Ocean owner thereof to immediately mark it under the jurisdiction of the City shall by a buoy or beacon during the day and I be held liable for and charged 'with the by a lighted lantern at night, and to costs and expenses of replacement-or i - maintain such markings until the sunken repair of the property so damaged or vessel or obstruction is removed. The - destroyed. -The expense of repairing such - =owner of such vessel- or other- obstruc- property shall be charged = against - the =-tion shall commence immediately the re= - person-or .vessel _ responsible_ therefor;` -�oval thereof and prosecute-=the- said.= and the same may be recovered -in-an -- removal -diligently- to completion; and__. action brought in the - name -.of -the jCity- - _any. -failure--to do.-so shall constitute in any court -of competent - jurisdiction. an — abandonment -of-such - vessel, - and -shall -- j l SANTA MONICA MUNICIPAL CODE subject the same to removal by the Harbor Master. SECTION 10225. Stray Vessels. All stray vessels, timber or other articles found within the harbor, not in the law- ful possession or control of some person, shall be immediately delivered up to the Harbor '.Raster and in whose custody they shall remain until claimed by the proper owners, who shall pay all ex- penses thereon, including a charge for keeping and storing the same, and if not claimed they may be sold in the manner provided by law. SECTION 10226. Waste Materials. No person shall place or allow to remain any vessels, ropes, materials, garbage, refuse, timber or waste matter of any description on or upon the shore lines or beach of the Pacific Ocean, or on the shore lines or beach of the harbor within the jurisdiction of the City with- out the consent of the owner of the pri- vate property upon which such shore. lines or beach abuts. The Harbor Mas- ter may remove the same with or with- out notice, at his option, and the ex- pense of removing the same shall be paid by the party liable therefor; and any costs of removing the same may be recovered by the City in an action brought against the guilty _party, in the_-_ name of the said City, in any court of competent jurisdiction. SECTION 10227. Swhamers. No per- son using the waters of the City shall climb aboard or hold on to vessels in the harbor. Nothing= herein contained shall be applied to an owner, or his guests swimming to, from, or adjacent to his own vessel. 226 2. Any vessel or other water craft mooring or anchoring on becoming moored, shall become so moored under the direction of the Harbor Master. 3. No person shall throw, discharge or deposit from any vessel, or from the shore or wharf, any refuse matter into the navigable waters of the harbor. 4. Oil, spirits, inflammable liquid or bilge water, shall not be pumped or dis- charged into the harbor. 5. The Harbor Master is authorized to enter upon and inspect any vessel to ascertain the kind and quality of mer- chandise, or her condition in any respect, or the condition of the crew. S. No person shall row, propel, navi- gate or maintain any vessel for the pur- pose of advertising. 7. The Harbor Master shall have full charge and control of all buoys and shall decide as to which shall have the prior right of attaching to such buoy, and his decision shall be fmal. 8. No person shall place or navigate any water craft in such a manner as to interfere with the approach of any craft to any wharf or landing. 9. The Harbor Master shall have the right to seal any toilets on any vessel moored or anchored in the Harbor if - deemed expedient for the- preservation-of the sanitary condition of the harbor. 10. Daily collection of garbage will be made from all boats moored or an- chored in the harbor. 11. Outboard motors must be equipped with approved mufflers, and also must keep out of the harbor fairways, except upon entering and leaving harbor. 12 S e d limit f I' // p e um or any vesse m the harbor is five nautical miles per hour. a. 10M SECTION 10228. Rules and Regula- i3 uo rrte Pwea: er "" tions. Upon the arrival of any vessel • #2mecs -in the harbor not habitually anchored or SECTION 10229. Establishing Mean - iu- . moored there, the owmer, captain or per. High -Tide Line: The line -of mean high - son in charge of said vessel must regis- tide of the Pacific Ocean within the ter with-the Harbor Master, who in turn City of Santa Monica is hereby fixed will present to said owner, captain or and-determined as follows:-- - person in charge of the vessel, a printed Beginning at a point in the northwest copy of the Rules and Regulations for City Limits line of the City of Santa vessels entering, anchoring - -or" leaving _Monica, said point being south 45 de.- the harbor as follows: grees, 15 minutes west 190.33 feet dis. 'Rules and Regulations for Vessels tent from the most westerly corner of entering, Anchoring or Leaving.the Har- the twenty (20) foot strip of land (now bor.' known as Palisades Beach Road) as g- The following-are rules which have conveyed to the City of Santa Monica by deed recorded in Book 4530 been adopted by the City Council of the _. page 152 of Deeds, Los Angeles County Rec- i City and your cooperation in the enforco- - ords; thence -south .53 degrees 13 min- ting�of these rules is requested.-- utes 30 seconds east. 960.03 feet -to -the - -- - - - 1. Every vessel entering the- harbor--beginning- of a curve to the -right- the -= I shall immediately become subject to .radius of which -is- 5476.20 feet; thence_— the order -and directions of the Harb "orl_�southeasterly�. along said -curve � 5129.41 -= - Master._„ , feet to the_ead -of said curve;.. thence._- " —_ SANTA MONICA MUNICIPAL CODE 227 R -27 south 46 degrees 44 minutes 30 seconds SECTION 10231a. The Harbor Master s...- dlc a..d .d east, 1384.51 feet to a point; thence south may place signs prohibiting or restrict- by are. 47 degrees 36 minutes 03 seconds east, mgnion fishing said pier 2 dangerous his o �eoolws th ce south 45 oP 9.19.61 500.05 feet to a point, en degrees 46 minutes 48 seconds east, or °immediately adjacenttito the pier. 485.04 feet to a Point; thence south 45 shall fish in violation of the re- degrees 47 minutes 18 seconds east, south 44 person P s uengagge 400.75 feet to a point; thence east, Not2On rsone shall in Overhead Pe degrees, 02 minutes 30 seconds 500.23 feet to a point; thence south 44 casting of fishing lines degrees 14 minutes 27 seconds east, SECTION 10231b. Same. No person 500.29 feet to a point; thence south 42 shall write upon or otherwise deface - degrees 41 minutes 24 seconds east, any portion -of said Pier, or of any 500.01 feet to a point; thence south 41 buildings or attachments thereto. degrees 01 minute, 35 seconds east, feet to a point; thence south 40 SECTION 10231c. Same. No person any 500.12 degrees, 46 minutes 18 seconds east, shall cut any bait or fish upon bench or railing upon said Pier. 510.17 feet to a point; thence south 44 degrees 54 minutes 54 seconds east. SECTION 10231d. Same- No person 490.52 feet to a point; thence south 40 shall be guilty of any disturbance or degrees 41 minutes 46 seconds east, disorderly conduct while upon said Pier. 463.48 feet to a point; thence south 40 01 50 seconds east, - SECTION 10231e. Same. No peddling degrees, minute 533.91 feet to a point; thence south 42 shall be done upon said Pier, except by authority of the Citv Council of the degrees 52 minutes 56 seconds east, - 500.26 feet to a point; thence south 41 City. degrees 37 minutes 25 seconds east, SECTION 10231f. Same. No person 500.02 feet to a point; thence south 39 shall attach any boat or line to the Mu- degrees 57 minutes 36 seconds east, nicipal Pier, except by authority of the 396-.13 feet to a point; thence south 39 Harbor Master. degrees 16 minutes 44 seconds east, 598.73 feet to a point; thence south 35 SECTION 102319. Same. No vehicles_ Pier ex- degrees 43 minutes 04 seconds east, shall be permitted upon said such ss may be designated 500.65 feet to a point; thence south 37,- 01 east,.395.16 feet to- a_ cept at points _ by the Harbor Master. degrees minute- point; thence south 37 degrees 52 min- SECTION 10231h. Same. No boats utes 28 seconds east, 605.05 feet to a shall be permitted on the said Pier ex- point; thence south 38 degrees 04 min- cept by the authority of the Harbor utes 03 seconds east, 498.59 feet to a Master. point; thence south 36 degrees 57 min- utes 20 seconds east, 500.11 feet to a SECTION 102311. Same. No drinking point; thence south 35 degrees 26 min- or display of intoxicating liquors shall, utes o3 seconds east, 500.57 feet to a be permitted on said Pier. point; thence south 33 degrees, 59 min- utes 45 seconds east, 422.25 feet to a SECTION 10231j. No person shall a mooring in the harbor or the point; thence south 36 degrees 29 min- 30 east, 280.00 feet to a maintain protected area adjacent to the break- utes seconds point; thence south 39 degrees 29 min- water without first obtaining a permit utes-80 seconds--east,- 485.00 feet -more from the Harbor Master: -- or less to a point in the-southeast City - SECTION 10231k. Same. No person Limits Line of the City of Santa Monica, remove- mussels_or in any other all as shown on the map attached here- shall way meddle with the pilings or any other to, and made a part hereof. ortion of said pier without written au- SECTION 10230. Fishing by Net or Seine. No person shall set, draw or use any fishing net or seine in the Pacific Ocean at any point or place within the City less than one thousand feet from any wharf, dock or pier located in the Cl P thority therefor first being received from _ -the City.- - SECTION 102311. Same. No person shall operate more than two fishing poles or fishing lines at one time on said Pier. Su. 102311 A...d.d byOrd. 4ncca Ad.A.d 1.21 -60 Sa. 1dz31t by Orded by ord. Ad.- x 2-11-V V so y SECTION 10231m. Same. No person ( SECTION 10231. Municipal Pier Reg- shall use said -Pier and the landing - -- t ulations. No person shall -fail to -ob -stage- thereon_es a wharf-or as a- place -- serve the following rules and regulations of departure -or - landing to and - from -= _ which shall govem the use of -the Mu-r -- .boats or vessels navigating in the - waters = nicipal Pier. of the - Pacifies =Ocean exceptIby permis= = =- 11 SANTA MONICA MUNICIPAL CODE Sion given by the Harbor Master and under rules and regulations prescribed by the said Harbor Master. Sec. 10231N Amended SECTION 10231N. Same. No person by Ord. shall solicit business, customers or pa- •z06ccs trons or sell tickets for trips on my boat, Ado". launch, steamer or other vessel operat- mit, which is then in full force and effect ing to and from said Municipal Pier at - ay place or location on said Municipal SECTION 10233A. Boat Storage. Lien. Pier, including any public sidewalk or No boat or equipment on which any Public easement immediately adjacent storage fees are unpaid may be removed thereto, except in and at the booth which without the prior written consent of the the Harbor Master shall provide for that Harbor Master. Purpose and in accordance with such In addition to all other remedies pro- rules and regulations as the Harbor vided by law for the collection and en- Master shall prescribe.- SECTION 102310. Same. No signs shall be erected or displayed on the Pier without the special permission of the Harbor Master. SECTION 10231P. Same. Any person causing any damage to ay portion of the Pier shall be liable in damages therefor. Failure to pay for any dam- ages to the Pier shall be sufficient cause for revocation of the business license of any person to operate on or from such Pier. See. 102314 SECTION 10231@. Same. No person Added shall drive, operate or otherwise p by Ord. P propel Aaooi.aS on or any Monica Municipal 1x3 to Y gross weight of 1:mat which exceeds 6.6 tons. The term 'gross 1.23.51 weight" shall include the combined weight of the vehicle and any load there. OIL Sao. 10232 SECTION 10232. Operating Barges. Amended No person shall operate any vessel be. by Ord. ,12otecs tween the Municipal Pier and the barges Adopt. anchored in Santa Monica waters with - 2 -21.50 out first having obtained the written Permission from the City so to do. 228 R-22 SECTION 1023313. Illegal Use. No See. 10233 person shall use any portion of the lower Repeated deck of the Municipal Pier for by Ord. storage purposes when not the holder of a per- #421CCS mit, which is then in full force and effect Adopted and issued under the provisions of this 4 -21.59 SECTION 10233A. Boat Storage. Lien. see. 10233A No boat or equipment on which any Amended storage fees are unpaid may be removed #z occa without the prior written consent of the Adopt. Harbor Master. 2.21 -50 In addition to all other remedies pro- vided by law for the collection and en- forcement of charges and fees due for the storage of boats or equipment, the City shall have a lien upon such boats or equipment for the storage thereof. Whenever such lien is lost by reason of loss of possession through trick, fraud or device, the repossession thereof by the City shall revive Such lien. Any lien of the City upon boats or equipment for the storage thereof may be fore- closed in the same maser as is pro- vided generally by the Civil Code of California for the foreclosure of liens upon personal property. SECTION 1023313. Illegal Use. No See. 102338 person shall use any portion of the lower Amended deck of the Municipal Pier for by Ord, storage purposes when not the holder of a per- Ad 6ccs mit, which is then in full force and effect 2.21.50 and issued under the provisions of this Chapter, authorizing such storage. . SECTION 10234. Use of Hoist. No sea. 10234 person shall use ay hoist situated on Added the Pier and owned by the City by Ord. without first having applied for and secured per- 206ccs Adet. tnission for such use from the Harbor 2.21.50 Master. SECTION 10235, Breakwater. No see, tons person shall tie or make fast any vessel Added to said breakwater, nor shall any person by ord. walk, climb or stand on said breakwater. #296ccs Adopt. I. i , l�l SANTA MONICA MUNICIPAL CODE 228-A Mood ...r ^ _6. SECTION 10236. Diving— Alunicipai R -39 1. Designated swimming er ma. Pler. No person shall dive or jump off areas and then only so long as such is {278005 Adopted 742 of any portion of the Santa Monica Mu- nicipal Pier into the water below the object at no time closer than 100 feet to any -52 Santa Monica Municipal Pier except in person in the waters thereof who is not an emergency for the purpose of saving at the time using r ilar object; sthe or protecting life. Persons giving exhi- except that 100 foot limitation shall not apply to bitions of diving or lifesaving may jump such ob- jects as are manufactured of or dive from the Santa Monica Munici- rubber or plastic and are air inflated. pal Pier when specific permission to give such exhibition has been received from 2. Special areas designated by posting 'surfing the Harbor Master and such exhibition as only' areas by the Director of Recreation and Parks. is conducted under conditions prescribed �`10y7 by the Harbor Master. SECTION 10239A. No Surfing Flags. Sea 10239A When the Director Anepe,a by sm. ✓SECTION 10237. Swimming Areas, The following portions of the Harbor of Recreation and Added Parks, or his designated y 0m. representative, Adopted are hereby designated ' Swimmming Areas': #746CCS determines that surfing 3.28.62 (a) Southerly of the Municipal Pier, location on Santa Monica Beach he 7-11-67 Those waters outside of the Protected may direct that a rectangular yellow Area Adjoining Breakwater and lying flag with a black disc in the center he shoreward aline drawn from a point hoisted over the nearest lifeguard tow - on the southeasterly boundary line of heasterly er. When such flag is displayed over a the City which is 800 feet seaward of lifeguard tower, it shall be unlawful the line of mean high tide to a point on for any person to use, or possess, a the southeasterly side of the Municipal surfboard in the waters adjacent to or which is g t of the in the waters nearer to said tower seaward line of mean high tide. than to any other tower not displaying (b) Northerly of the Municipal Pier. such flag. Those waters outside of the Protected Area Adjoining Breakwater and lying ——SECTION 10239B. It shall be unlaw- Add. 102398 -ful for shoreward of a line drawn from a point a person to Swim or wade, or to Added d by permit a child to swim or in on the northwesterly side of the Muni - cipal Pier which is 1000 feet wade, an #746008 area designated by posting a 'surfing Aaooted as seaward of the line of mean T3igfi tide'to a point— only' area. 1.11.67 - on the northwesterly boundary line of ''SECTION 10240. Fishing. It shall be See, the City which is 900 feet seaward of Om. Added unlawful to fish or angle in the desig- Ad pee. the line of mean high tide. nated Swimming Areas, unless all tackle #478 (c) Within the Protected Area Ad- and other fishing paraphernalia are at Adopted joining Breakwater. Those waters within all times at least 100 feet from an 9-8.59 Y Per the Protected Area Adjoining Break- son in the waters thereof. water lying within 100 feet of the wa- ter's ter's edge, except 1024Y.0 ' 4-I.-Operation such portion thereof within 225 yards of any portion of the of Vessels. See. 30293 It -shall be unlawful for any person to Ad Qed Municipal Pier. userperformed: operate, or possess a vessel within #478CCS Swunmin Added SECTION'10235. Swimming, It shall . Areas. �doona 9 -8 -59 by pro. be unlawful person to swim in ION 10242. Exceptions. The pro- #978005 Adopted the Harbor outside of the designated See 10242 of Sections 10238, 10239, and . Swimming Areas or within 50 yards of hall not be applicable to acts or pram. any portion of any pier, except: .4478008 (a) A person who is the owner of a vessel, or who acts at the request an emer enc for the Adopted g Y, purpose of such owner, while engaged in servicing l g or protecting life or property, i or repairing such vessel, and then only (b) By employees of the City, for the m the immediate area of such vessel. I Purpose of performing their duties. (b) A person engaged in the sport (c) For the purpose of giving instruc- commonly known as water skiing or aquaplaning, or any derivations thereof, tion, training, or exhibitions, but only When specific permission to give such has provided such person is at all times .. been received from the proper authority wearing a safety belt of a type approved and the same is conducted under condi- by the Captain of Lifeguards of the City. tions prescribed by such authority. With Ada 2d SECTION 10239. Surfboards. It shall ! tectedt area adjoin ggbreakwa breakwater, the by 0rd.a/be' unlawful for any person to use, or proper authority shall be the Harbor #746ccs Possess, in the waters of the harbor l Master, and with respect to other waters Adored 7.11.67 any object commonly known as, or used ; within the Harbor, the proper authority as a paddle board or surfboard, ex- shall be the Captain of the Lifeguards sod, o3oo. cept in the following areas: of the City. 10301 Reference: Contract No. 3227 (CCS)