Loading...
SR-07-22-1980-11D11D rJUL 2 2 as Santa Monica, California, July 17, 1980 l I T0: Mayor and. City Council FROM: City Staff SUBJECT: Santa Monica Pier Harbor Excursion Services Introduction This report concerns the trial period operating agreement for Harbor Excursion Services operating from the Santa Monica Pier and .recommends that the City Council approve the agreement as submitted. Background On July 1, 1980, City Council heard a proposal by Mr. D. M. Budai, President, Universal Maxine Corporation to offer harbor excursion services operating from the Santa Monica Pier. The operation consists of cruises along the shoreline adjacent to the Santa Monica region in a passenger carrying vessel certified by the U. S. Coast Guard for offshore use. On Council's instructions, City Staff has prepared an agreement (Exhibit A) for this harbor excursion operation. The agreement is in the form of a license to permit a trial period of not to exceed twelve (12) months operation, with the Licensee having the option to cease operations after an initial ninety (90) day period should business fail to support the operation. „b.ould the operation continue the full twelve (12) months period, the operation would be subject to lease negotiations or open bidding for continued use. //D YJUL 2 2 Mayor and City Council =2V July 17, 1980 a The agreement provides for five percent (5 %) gross return to the City' which is consistent- with similar harbor and marina tour operations in Southern California. Liability insurance and hold harmless clauses are included in favor of the City' as well as the requirements of Chapter 2, Municipal Harbor Code, (.Exhibit B). Coastal Commission approval is not necessary for this operation as no physical modification to the pier is required other than a free standing ticket booth and guard rails. Recommendation It is the recommendation of City Staff that Council approve the trial operating agreement as submitted. Exhibit "A" Trial Operating Agreement Exhibit "B" Chapter 2, Municipal Harbor Code Exhibit "C" Santa Monica Pier Lessees Association letter 6/7/80 endorsing Universal Marine Corporations's Harbor Tour services. Prepared by: 7). L. Shirey I i icy � •1 6ae : @DSO a(: n w o-r ?Y_Cti s' :mss+ SANTA 910NICA MUNICIPAL CODE Chapter 2 —MUNICIPAL HARBOR SECTION 10 200. Definitions. For :he purpose of this Chapter, certain worts and phrases are defined and certain pro- visions shall be construed as hereir, set forth. unless it is apparent from the context that a different meaning is in- tended. SECTION' 10201. "Santa Monica Har- bor," or "harbor" is that portion of the Santa Monica Say included within the corporate territorial limits of the City. SECTION 10202. "Vessel" includes stewn boat, motor boat, sailing boat. barge, lighter. ferny boat, pleasure craft. and any and all other water craft. SECTION 10203. "Mooring" includes any weight, chair. rope, float, structure. or appliance which is used by a vessel for anchoring purposes and which is not carried aboard such vessel as regular equipment when under way. SECTION 10204. "Protected Area Ad- joining Breakwater" is that portion cf the harbor situated between the break- water, now situated in said harbor. and the shoreline. as indicated on that cer- tain niap on file in the office of the Ci t Engineer and entitled 'Santa .Monica Yacht Harbor. Permanent Anchorare Plan. Plan No. 665, File No. 14," which said map is hereby adopted as a part of this Chapter by reference. SEC IXIN 10204A. 'Harborniaete: as usnd in :: _ chapter shall mean the Su- peiinter: ent of the Division o: Eearhes and -r-ar".Irs Elf the Department of Een t 1t 222 P. -32 reation and Parks or the Eeaches and Harbor Captain in charge of the Munic- ipal Harbor. Any duties to be performed by the Harbormaster may be perforated by either. SECTION 10205. Inspection. No per- son shall place, or cause to be placed, a mooring in the harbor, or in the pro- tected area adjoining breakwater, with- out first having applied for and secured a certificate of inspection tinder the pro - visions of this Chanter, showing that an inspection of said mooring has been made and that the said mooring complies with each of the requirements of this Chapter. No person shall maintain a mooring in the harbor, or in the protected area adjoining breakwater, when not the hold- er of a certificate of inspection, which i5 then in full force and effect and issued :order the provisions of this Chapter, showing that an inspection of said moor - in, had been made within the period of two years and that the said mooring complied with each of the requirements of this Chapter. SECTION 102C6. Certificate of in- spection. A certificate of inspection shall be issued upon written application to the Harbor Master theiefor on a form to be provided by the City and upon pay- ment of the inspection fee as hereinafter provided. in the event that an inspectioin of the mooring designated in the appli- cation discloses that said mooring com- plies with each of the requirements of this Chapter. t M 1f L. i IL r w 'u n. v , _ 11 _,;/ SANTA MOl:1CA MUNICIPAL CODE A certificate of inspection may be re- vokcd at any time by, or at the order of, the Harbor Mosier upon five days notice to the holder tlicicof, in the Brent of a determination that the mooring for which the certificate of inspection had been issued has ceased to comply with the requirements of this Chapter. SECTION 10 207, Tees. Inspection. An Inspection fee of Fifty Cents shat: be paid for each mooring to be Inspected upon the filing of an application for a certificate of inspection. nm. 0108 SECTION 10208. Requirements. No by Ord. person shall p;ace or maintain a moor - VusC6a Ing in the harbor, or in the protected Adopt. areas adjoining breakwater, and a cer- :•a•so tificate of inspection shall not be issued (Lbs.) therefor, unless said mooring complies 15 to 20 with each of the following requirements: 400/8" (a) The mooring buoy shall be so con- • 20 to 25 structed that some portion thereof shall 600 extend out of the water for at least one 25 to 80 foot at all times. 223 n -t (b) All moorings, including the buoys thereof, stall 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 least_aix- times —the weight of -the 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 Uiey immediately sink. (e) There shall be painted on the buoy and legible at all Limns the number allo- cated to the mooring by the Ilarbor Master, or by such other official as may be designated by the City. (f) The weight of any mooring shall be of sufficient 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: I t>� I 4 o� «A" ( Length of Size of Chain Dow Weight Stern Weight SIze of \. Boat (i)flu.) (Lbs.) (Lbs.) Pick -up Llne 15 to 20 rye" 600 400/8" • 20 to 25 W 800 600 1" 25 to 80 1000 800 1�" • 80 to 45," 1500 1200 1 %" • 45 to 60 2000 1500 2" 60 to 85 'A 2500 1800 2Um" 85 to 100 34" 3000 2400 2i/>," 100 to 150, 1" 4000 3000 3" Length of Size, of Bow Anchor Stern Anchor Boat (Feet) - Chain (Lbs.) (Lbs.) ' 15 to 20 rye" 100 75 20 to 25 > 125 100 26 to 30 3a" 150 1255 80 to 45 rye" loo 250 45 to 60 y:" 600 400 ' 60 to' 85 '/e" Boo 000 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 ilia above set forth schedules to chahis with regular sea -type shackles. shall be 3 to 1 on the flow and 2112 to 1 Ro ca p shalt, b e, connected to chains or • on the Stern In proportion to the depth .. , ,• - - •- I t>� I 4 o� :f t' t t SANTA MONICA MUNICIPAL CODE ads t SECTION 10209B. Same. lien for Un• aeaeeled aid Mooring ees. No mooring n which any be 047 c$ mooring fees are unpaid may removed d without the prior written consent of the Har- Adwtb bor Master. d -21.51 In addition to all other remedies provided by sea. 102M SECTION 10209A, Mooring Fees. City. Am.ded owned Moorings. A mooring fee shall be paid ®tooa ccs for the privilege oftying or otherwise securing ad led '76 .any vessel to any mooring owned and main. charges or fees due for the mooring, tying or twined by the City. The fee therefore shall be in securing to any such City owned mooring, the accordance with any schedule provided for in City shall have a lien upon vessels for the any onl,inanc , or resolution of the City, mooring, tying or securing thereof to such Nothing herein contained shall preclude _ the Harbor Master from designating certain of loss of possession through trick, fraud or City - owned moorings as Guest- moorings, and device, the repossession thereof by the City permission may be given Whim to make fast to shall revive such lien. Any lien of the City such moorings without a charge being made upon such vessel for the mooring, tying or sec- therefore. S.. IBM SECTION 10209B. Same. lien for Un• Added By Ord aid Mooring ees. No mooring n which any be W mooring fees are unpaid may removed d without the prior written consent of the Har- the harbor or in the protected area adjoining bor Master. the breakwater are due and unpaid, may be In addition to all other remedies provided by removed without the prior written consent of law for the collection and enforcement of the Harbor Master. charges or fees due for the renting of mooring In addition to all other remedies provided by space or for the privilege of maintaining a law for the collection and enforcement of mooring in the harbor or in the protected area charges or fees due for the mooring, tying or adjoining the breakwater, the Citv shall have securing to any such City owned mooring, the a lien upon the mooring so maintained for the City shall have a lien upon vessels for the maintenance of said mooring in said space. mooring, tying or securing thereof to such Whenever such lien is lost by reason of loss of _ possession through trick, fraud or device, the of loss of possession through trick, fraud or repossession of the mooring by the City shall device, the repossession thereof by the City revive such lien. Any lien of the City upon such shall revive such lien. Any lien of the City mooring for the renting of mooring space or upon such vessel for the mooring, tying or sec- maintaining of the same, may be foreclosed in uring to any such City owned mooring may be the same manner as is provided generally by foreclosed in the same manner as is provided the Civil Code of California for the foreclosure generally by'the Civil Code of California for of liens upon personal properly; provided, the foreclosure of liens upon personal proper- however, nothing contained herein shall pre- ty. clude 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. 223 -A R -56 0 L] SECTION 10209C. Same. Lien. City $sa. it Owned Moorings. No vessel on which any PAded mooring fees for the privileges of mooring, oz�ccs security or tying to a City owned mooring in �ted a -21 -� the harbor or in the protected area adjoining the breakwater are due and unpaid, may be removed without the prior written consent of the Harbor Master. In addition to all other remedies provided by law for the collection and enforcement of charges or fees due for the mooring, tying or securing to any such City owned mooring, the City shall have a lien upon vessels for the mooring, tying or securing thereof to such moorings. Whenever such lien is lost by reason of loss of possession through trick, fraud or device, the repossession thereof by the City shall revive such lien. Any lien of the City upon such vessel for the mooring, tying or sec- uring to any such City owned mooring may be foreclosed in the same manner as is provided generally by'the Civil Code of California for the foreclosure of liens upon personal proper- ty. SECTION 10209D. Right to Remove Ves- sm. 1MOO sel from Private Mooring. Whenever env Added mooring fee for maintaining a mooring as pre- dm8 cs scribed in Section 10209 isdue and unpaid and Aau�fed 2.21 -$e the City seeks to foreclose the lien thereon as prescribed in Section 102098 or to sell the same at private sale pursuant to the power granted in said Section 10209B, 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 ouch 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 ahall be at the rate of $1.00 per day. The City vl r! e r i i i 1 i 1 I I f r SANTA MONICA MUNICIPAL CODE - 223 -B R -S shall have alien against such vessel for ized agent of the name and that such any such storage or mooring fee due and vessel will be available to the owner. or unpaid and shall have the right to fore - his authorized agent within said 30 day close such lien in the manner prescribed period upon receipt by the City of all In Section 10200c after such vessel has fees due and unpaid to the City for the been stored or moored for 30 days, mooring or storing of said vessel or for The notice required hereby shall state the maintenance of any mooring space that the vessel will be removed from said at which said vessel was located. . mooring space and held by the City and There shall be no liability of any char - that a charge therefor shall be made as acter upon the City, any officer, agent, provided In this section and that such or employee thereof, for the removing vessel may be sold an provided herein of such vessel, nor for the mooring or after the same has been held by the City storing of the same, nor for any damage for a period of more than 30 days. Such or injury to such vessel by reason of notice shall state In addition that such such removing, mooring or storing, vessel at all times is being held by the whether such damage or injury be City for the use of the owner or author- caused by negligence or otherwise. - a 4 SANTA MONICA MUNICIPAL CODE 224 A -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 name City shall cause a marker or markers within a falmny as designated on "City v to be placed indicating the place or of Santa Monica Harbor Map" showing places when the mooring is to be set. location of moorings and fairways on file No person shall set 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 Vesaols. 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 tested 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 0216. v e"Lying t st izing such anehornge. WyX lying any wharf SECTION 10212. Time Limit. In the or any slip in the harbor shall be fas- tened thereto with such head and stern event that apace is available in the lines from both bows and quarter in protected area adjoining breakwater, a such a manner as to meet the approval pp permit to anchor a vessel other than by of the Harbor Master. use of a mooring may be issued for a 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 as hereinafter person installing or acquiring the same, provided, or which has remained disconnected from SECTION 10213. Anchoring Pee. 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 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 ouch 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 Dealgnated. 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 in the pro- ity of the Harbor Master. -' tected area adjoining breakwater in a place other than. the place specified in 021 SECTION 10218. Order to Change the permit authorizing such anchorage. Mooring. If vessel striving and _ anchoring or being moored or fastened SECTION 10215. Unauthorized Moor - to any wharf or .other vessel in the ing. No person shall make fast or attach harbor, or in the protected area adjoin - any vessel to any mooring belonging to ing breakwater, shall be eo moored or the City and situated in the harbor or placed as to be unsafe or dangerous to ' in the protected area adjoining break- any other vessel previously lying at an- water, without the consent first had and chor in said harbor, or moored or fast - f•d 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. said vessel to be changed in such manner - No person shall make fast or attach as to obviate such insecurity or danger, any vessel to any mooring belonging to and the Master or other person having .. any person and situated in the harbor charge of the offending vessel shall or In the protected area adjoining break- forthwith cause Its position to be water, without the consent first had and ' changed as directed by the Harbor Mas- obtained of the Harbor Master, when ter, and upon the failure or refusal of said vessel is not the vessel designated such Harbor Master or other person In - y In - the -apphcation tender which permit— charg"f -off ending vessel to:dhange- the = - l' was issued Permitting_ theplacement -or - position -vf said- vessel, -as - directed may' maintenance of saidmooring_ the Harbor - Master, -it shall --be the - �duty___- SECTION-10215a. -Same. Neither the of the _Harbor-M&ster -brIris agent -to -- t•a SANTA MONICA MUNICIPAL CODE 225 R -22 i forthwith board said vessel with such SECTION 10221. Any person who sue. ivni assistance as may be necessary and drives or operates any vessel upon the by 0 e. change the position of said vessel, and waters of the harbor or the Pacific Ocean 4110M all expense incident changing the posi- within the jurisdiction of the City in cwt. I tion of said vessel may be recovered willful or wanton disregard for the safety aai'ea from the Harbor Master or owner of of persons or property is guilty of a said vessel by a suit in the name of the misdemeanor and upon conviction there - City in any court of competent juris- of shall be punishable as in this Code diction. provided. .. SECTION 10218a. Same. The master SECTION 10222. Mufflers. No person shall run, drive or propel any gasoline or other person in charge of any vessel auch or boat operating with an out- hn within the corporals limits of the City board motor, in the harbor or the waters being in position to prevent or interfere the Pacific Ocean under the with the mooring or passage of any mss the liti on of the City, unless at all times t other vessels or other water craft, from exhaust from the motor in such gasoline a ny part of the harbor to another part launch, or boat with out -board motor, thereof, shall, when required or directed is ejected through a good and sufficient by the Harbor Master, forthwith change . muffler properly attached thereto. the position of the vessel or other water craft to such place as may be directed! by the Harbor Master. SECTION 10223. Obstructions. gable ever the navigation of any navigable ever te n water within the corporate limits of SECTION 10219. Anchor Lights. All the City shall be obstructed or endan- vessels anchoring or mooring in the gered by any vessel or other obstrue- harbor shall, between sunset and sun- lion, 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 -10219a, -Bome. -Every- vas --may 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 until sunrise, be provided shall be subject to removal, sold or with proper lights, and shall be pro- otherwise disposed of by the Harbor vided continuously with such appliances Master, at his discretion, without liabil- • 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 BE 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 m 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 commu= 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- struct, impede or injure navigation. SECTION 10220. Damage to Prop- -- Whenever avessel -is wrecked-or sunk erty. Every person and every vessel in the harbor, or in the protected area iresponsible 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 j 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 -. maintain such markings until the sunken - i 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- It / property shall be - charged - against - the --tion shall commence immediately there- person-or - vessel- responsible _therefor` -rnoval thereof and prosecute - She - saki.= and the same may be recovered-in on -= removal - diligently. to completion; smd-- action brought,in the . name -.of- the -City!:'-',- do-so shall constitute -an- in any court- of- competentAurisdiction. - abandonment -of -such - vessel,= and = shall-= - :w \ t I 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 Master and in whose custody they shap remain until claimed by the proper owners, who shall pay all ex- peneas 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 1 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. SK IOYla Amended by #2000 6. dw. ►xl•6d SECTION 10227. Simmers. No per- son using the waters of the City shall climb aboard or hold on to vessels in the harbor. Nothing herein contained shall he applied to an owner, or his guests swimming to, from, or adjacent to his own vessel. SECTION 10228. Rules and Regulin- 226 R -d 2. Any vessel or other water craft mooring or anchoring on becoming nmored, shall become so moored under the direction of the Harbor Master. S. 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. 6. 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 final. 6. 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. Speed limit for any vessel in the harbor is five nautical miles per hour. 13, NU PkC PeEF= Lions. Upon the arrival of any vessel in the harbor not habitually anchored or SECTION ]0229. Establishing Mean - 10 29. moored there, the owner, captain or per- -T line of mean high - High-Tide Line.-The son in charge of said vessel must regis. the Pacific Ocean within the tide e tide ter with-the Harbor Master, who in turn of Santa Monica hereby fixed Y y will present to said owner, captain or ' and - determined as follows- - Beginning at a point in the northwest person in charge of the vessel, a printed 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-_ 15 minutes west 190.38 feet din- the harbor as follows: green, tant from the most westerly corner of ,.. 'Rules and Regulations for Vessels the twenty (20) foot strip of land (now entering, Anchoring or Leaving the Har- Palisades Beach Road) a known as s bore conveyed to the City of Santa Monica The following are rules which have by deed recorded in Book 4530 page _ been adopted by the City Council of the 152 of Deeds, Los Angeles County Rec. City and your cooperation In the enforc +-- ords; thence -south SB degrees. -33 min - ing-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'-- shall immediately become - -subject to _.radius of which- is-6476.20- feet; - thence— _ the order-�&nd directions of the Ha&or'__southeasterly__ along said -curve :i129?13 -� -_ Master. — _ feet Is the-end -of said - curve;. thence.__ k�L. / • lI u tit3 -• F { 227 SANTA MONICA MUNICIPAL CODE R -21 - ae�. IU'OI• A endol south 46 degrees 44 minutes 30 seconds SECTION place 1gns rohibitingrorrr strict- by ore. cast, 1381.53 feet to a point; thence South Ilia} fishin on said pier where, In his ni ' ±s q7 degrees 36 minutes 03 seconds east, tag g is dangerous to Ad"'t 500.05 feet to a point; thence south 45 those using cthe pier or the water below degrees 46 minutes 48 seconds east, or immediately adjacent to the pier. No 485.04 feet to a point; thence south 45 erson shall fish in violation of the re- degreee 47 minutes 18 seconds east. P e overhead 400.75 feet to a point; thence south 44 et No p rioted on such signs. . degrees, 02 minutes 10 seconds east, -No person shall engage 600.23 feet to a point; thence South 44 casting of fishing lines. degrees 14 manatee ; Seconds east, SECTION 10231b. Same. No person 50029 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 of minute, 35 seconds east, 500.12 feet to a point; thence south 40 SECTION y bait. Same. No person degrees, 46 minutes 18 seconds east, benlch or railing upon said Pier. any 510.17 feet to a point; thence south 44 SEC17UN10231d. Same- No person degrees 54 minutes 54 seconds east, Shall be guilty of any disturbance or 490.52 feet to s point; thence south 40 hilon said Pier. degrees 41 minutes 46 seconds east, disorderly conduct we up 463.48 feet to a point; thence south 40 degrees, 01 minute 50 seconds east, SECTION Y0231e. Same. No peddling Shall be done upon 633.91 feet to a Point; thence south 42 b of the Ci vdCouncll Of except degrees 62 minutes 56 seconds east. Y authority y 500.26 feet to a point; thence south 41 City- degrees erson 37 minutes 25 seconds east. SECTION 10231f. Same. No p 600.02 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, ON 102318 Same. No vehicles 598.73 feet to a point; thence south 35 SECTION degrees 43 minutes 04 seconds east, shat at Succh permitted ints aspmay be designated 500.65 feet to a Point; thence south 37 cep p degrees 01 minute "east, 395.16 feet to a - by the Harbor Master. 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 or display of 2311. amg uouo drinking point; thence south t. degrees et min- be permitted on said Pier. utes 03 seconds east, 500.57 feet to a s«. Ibnll point; thence south 33 degrees, 59 min- person shall _ vies 45 seconds east, 422.25 feet to a SECTION 10231j. No p �y of;y point; thence south 36 degrees 29 min- maintaina moo adjacent in theta the break 4y Ord. s utes 30 seconds east, 280.00 feet to a p a permit A .'t, point; thence south 39 degrees 29 min - water without first obtaining Pe utes -30 seconds east, 485.40 feet- more•°-from the Harbor Master. -- person a«. Ibz�lb i or less to a point in the southeast City' gECTION 30231k. Same. No pe son A . io d Limits Line of the City of Santa Monica, Shall I.emove- mussels_or in any other nr - "" all as shown on the map attached hem way meddle with the pilings or any #20,,,, to, and made a part hereof, portion of said pier without written au- i ao .d SECTION 10230. Fishing by Net or thority therefor first being received from Seine. No person shall set, draw or use the City = ' any fishing net or seine in the Pacific SECTION 102311. Same. No person Ocean at any point or place within the "ball operate more than two fishing i City less than one thousand feet from poles or fishing lines at one time on ,,... any wharf, dock or pier located in the said Pier. city. SECTION 10281m. Sams. No person " 11 SEC1'1ON 10231. Rfunicipal Pier Reg- Shall use said -Pier and the landing ularions. No person shall tail `to -ob -- Stage thereon --as a wharf�r as a- place._- �- serve the following rules and regulation of departure�r-- lanfling *o $nd -from which shall govern the -use of-4he Mu -- _boats or vessels navigating 3n the-waters nicipal Pier. of the Padric;Ocean except.by Per»= _ I - i -b f•I SANTA MONICA MUNICIPAL CODE sion given by the Harbor Master and under rules and regulations prescribed by the said Harbor Master. 6ea. 102314 SECTION .10231N. Same. No person br o d. shall solicit business, customers or pa. wmsccs trons or sell tickets for trips on any boat, Adopt. launch, steamer or other vessel operat- ing to and from said Municipal Pier at any place or location on said Municipal Pier, including any public sidewalk or public casement immediately adjacent thereto, except in and at the booth which the Harbor Master shall provide for that purpose and in accordance with such rules and regulations as the Harbor 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 any 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. No. 102314 SECTION 10231@. Same. No person Added shall drive, operate or otherwise propel 5y ore, a on or onto the Santa Monica Municipal by Ord. Adopted Pier any vehicle the gross weight of I.B.51 which exceeds 6.6 tons. The term "gross 1.23.51 weight" shall include the combined weight of the vehicle and any load there- on. 6ee.10232 SECTION 10232. Operating Barges. ame.d.a No person shall operate any vessel be- ar Ora. # mecca tween the Municipal Pier and the barges Ad on. anchored in Santa Monica waters with- 2'21'50 out first having obtained the written permission from the City so to do. 228 A -22 Sea. 10233 nee..I.d M old . k+2lccs adopted 4.21.58 SECTION 10233A. Boat Storage. Lien. see. 102334 No boat or equipment on which any 4o""116 storage fees are unpaid may be removed by Old. #mecca without the prior written consent of the adopt. Harbor Master. 1.21•w 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 manner 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. 1on3o person shall use any portion of the lower Amended deck of the Municipal Pier for storage by ore. purposes when not the holder of a per- a ccs mb 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 sae. 10234 person shall use any hoist situated on added the Pier and owned by the City without by Old, s first having applied for and secured per- adopt. mission for such use from the Harbor +'21.50 Master. SECTION 10235. Breakwater. No so., ioui 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. aa.pt. —. -- -- 2.21.30 , ME l Bed. 10239 Added by 0N. 027KCS Adopted 7.22.52 See. 10237 Atended by orb. d562CCS Mopted 62862 SANTA MONICA MUNICIPAL CODE SECTION 10236. Diving— llfunlcipal Pier. No person shall dive or jump off of any portion of the Santa Monica Mu- nicipal Pier into the water below the Santa Monica Municipal Pier except in an emergency for the purpose of saving or protecting life. Persons giving exhi- bitions of diving or lifesaving may jump or dive from the Santa Monica Munici- pal Pier when specific permission to give such exhibition has been received from the Harbor Master and such exhibition is conducted under conditions prescribed by the Harbor Master. NSECTION 10237. 'Swimming Areas. The following portions of the Harbor are hereby designated 'Swimming Areas': (a) Southerly of the Municipal Pier. Those Waters nntcia. of +ho A....•..,..,,a "Q_ A R -39 shoreward of a line drawn from a point 1. Designated swimming areas and on the southeasterly boundary line of then only so long as such objets is at the City which is 800 feet seaward of no time closer than 100 feet to any the line of mean high tide to a point on person in the waters thereof who is not the southeasterly side of the Municipal at the time using or possessing a sim- Pier which is 1600 feet seaward of the ilar object; except that the 100 foot line of mean high tide. tation shall not apply to such ob- (b) Northerly of the Municipal Pier. jects as are manufactured of rubber or Those waters outside of the Protected Plastic and are air inflated. Area Adjoining Breakwater and lying 2. Special areas designated by posting shoreward of a line drawn from a point as 'surfing only' areas by the Director on the northwesterly side of the Muni- of Recreation and Parks. cipal Pier which is 1000 feet seaward SECTION 10239A. No Surfing Flags, of the line ­617me`am- Mgh- Ude'to a pbhrt- When the Director of Recreation and on the northwesterly boundary line of - the City which is 900 feet seaward of determines that surfing g is unsafe at any the line of mean high tide. location on Santa Monica Beach, he (c) Within the Protected Area Ad- may direct that a rectangular yellow joining Breakwater. Those waters within flag with a black disc in the center be the Protected Area Adjoining Break- hoisted over the nearest lifeguard tow- water lying within 100 feet of the wa- er. When such flag is displayed over a ter's edge, except such portion thereof lifeguard tower, it shall be unlawful within 225 yards of any portion of the for any person to use, or possess, a or Municipal Pier. Alded02" SEu`TION 10238. Swimming. It shall by oro. be unlawful person to swim in 0478311 the Harbor outside of the designated Mora& 91 59 Swimming Areas or within 50 yards of any portion of any pier, except: (a) A person who is the owner of a vessel, or who acts at the request of such owner, while engaged in servicing or repairing such vessel, and then only in the immediate area of such vessel. (b) A person engaged in the sport commonly (mown as water skiing or aquaplaning, or any derivations thereof, provided such person Is at all times wearing a safety belt of a type approved by the Captain of Lifeguards of the City. sap, Ioz1'9® SECTION 10239. Surfboards. It shall Amended r b7 be unlawful for any person to use, or 46C possess, in the waters of the harbor "� any object commonly known as, or used 7-11-67 as, a Paddle board or surfboard, ex- cept in the following areas; "Q_ A R -39 sm r0259s 1. Designated swimming areas and Added then only so long as such objets is at d n746CCs no time closer than 100 feet to any Adopted person in the waters thereof who is not 7.11fi7 at the time using or possessing a sim- AFL lore ilar object; except that the 100 foot by Ord. tation shall not apply to such ob- 0478 jects as are manufactured of rubber or Plastic and are air inflated. AAdop5ed 2. Special areas designated by posting as 'surfing only' areas by the Director of Recreation and Parks. SECTION 10239A. No Surfing Flags, f., 10239A When the Director of Recreation and "I'd or his designated representative, d. by °pd' determines that surfing g is unsafe at any 746CCS Ad "t� location on Santa Monica Beach, he may direct that a rectangular yellow flag with a black disc in the center be hoisted over the nearest lifeguard tow- er. When such flag is displayed over a lifeguard tower, it shall be unlawful for any person to use, or possess, a or surfboard in the waters to or in the waters •nearer to said tower than to any other tower not displaying such flag. ,,- SECTION 10239B. It &hall he unlaiv- sm r0259s ful for a person to swim or wade, or to Added Permit a child to swim or wade, in an d n746CCs area designated by Posting as a 'surfing Adopted only' area. 7.11fi7 —'SECTION 10240. Fishing. It shall be AFL lore unlawful to fish or angle in the desig- by Ord. nated Swimming Areas, unless all tackle 0478 and other fishing paraphernalia are at all times at least 100 feet from arry per- AAdop5ed son in the waters thereof. (SECTION 10291. Operation of lressels, Ere. 10241 It -shall be unlawful for any person to Added use, operate, or by Ord! _possess a vessel within 41478eCs SECTION 10242, Exceptions. The pro- visions of Sections 10238, 10239, and 10241 shall not be applicable to acts performed: (a) In an emergency, for the purpose of saving or protecting life or property. (b) By employees of the City, for the 1 Purpose of performing their duties. (c) For the purpose of giving instruc- t tion, training, or exhibitions, but only when specific permission to give such has been received from the proper authority and the same is conducted under condi- tions prescribed by such authority. With respect to waters lying within the pro- tected area adjoining breakwater, the proper authority shall be the Harbor Master, and with respect to other waters within the Harbor, the proper authority shrill be the Captain of the Lifeguards of the City. see. 10242 Mded 7bb77 o. reCCS Adopted 9-5-59 1 set. 0300, I h f SANTA MONICA PIER LESSEES ASSOCIATION June 17, 193.0 To Members of the Santa Monica City Council; Re: Proposed Outer Harbor Cruise In an effort to create new programs and further the attractive- ness of the pier, we believe that a competently operated oceaT1 sightseeing tour would be a valuable addition to existing entertainment facilities. We have searched and found what wp believe is a most competent and experienced company in this area. After calling upon several companies in the field, Long Beach Catalina Cruises, San Pedro Harbor Service, Redondo Beach Operators, none of whom had boats suitable for our purpose, they we unanimous in referring us to Universal Marine in Long Beach. Mr. Don Budui of Universal Marine was most cooperative in working out a proposed plan. His familiar- ity with Santa Monica Bay, similar operations of this nature, access to crew, insurance, and financial responsibility makes him the most viable operator. In addition, Mr. Budygi is operating the Long Beach Harbor Cruise in connection with the City of Long Beach. There he has Gray Line Tours, including the Long Beach Harbor Tour as part of their itinerary, He feels confident that similar cooperation could be obtained for a Santa Monica tour. This, again, would be a most valuable adjunct to the attractiveness of the pier and the City of Santa Monica. There is little need to emphasize the significance of this pro- posal for all concerned. As Summer is upon us, it behooves us to proceed with this program. `rho Santa Monica Pier Lessees Association will. cooperate with Mr. Budui in a concerted effort to advertise and merchandise these cruises in order to insure a successful program. Sincerely, Clarence Harmon President, Santa,Monica Pier Lessees Assn. Moby's Dock cc; Charles Kent McClain, City Manager Gary Ferguson, Acting Entertainment Director Peter Kipp, Pier Facilities Manager Reference: Contract No. 3540 (CCS)