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Santa Barbara City Zoning Code

Title 17

Harbor

§ 17.04.010 Definitions.

The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
Anchor.
A heavy metal device, fastened to chain or line, designed to help hold a vessel in position.
Anchoring Equipment.
An Anchor, line or chain and associated gear that is retrievable, stowable, non-permanent ground tackle designed to engage the seafloor and through its resistance to drag maintain a vessel within a given radius.
Beam.
Overall measurement of the vessel's width including, projections, extensions, fixtures, and attachments [such as brackets and stanchions.]
Berth.
A water surface area, delineated by either floating or fixed dock structures, intended for the purposes of embarking, disembarking and the wet storage of boats. A Berth is also known as a "Slip."
City-Approved Mooring Inspector.
An individual who, by satisfactorily demonstrating appropriate qualifications, has been included on a City-approved list of inspectors eligible to install, inspect and repair ground tackle for Mooring Permittees in the Santa Barbara Mooring Area.
City Pier.
The City Pier is located adjacent to the Breakwater at the Southeastern end of Harbor Way in the Santa Barbara Harbor formerly known as the "Navy Pier."
Dinghy.
A small boat used as a tender to a larger vessel. A dinghy is also known as a "Skiff."
Discharge.
To spill, leak, pump, pour, emit, empty, dump, deposit, or throw.
Dock.
A platform, either floating or fixed, provided in a marina for the wet storage of a boat and pedestrian access to and from the boat.
Dockage.
The daily rate assessed a vessel which ties up to any wharf or pier in the Harbor.
Float.
A wharf, pier, quay or landing.
Ground Tackle.
All equipment used for Mooring or anchoring a vessel securely to the seafloor.
Harbor.
The area depicted on Exhibit A attached to Chapter 17.20 generally bounded by and including Stearns Wharf on the east, the Breakwater on the south, the seawall abutting Harbor Way and the Harbor commercial area on the west, the concrete walkway and seawall along currently-designated Marinas 2, 3 and 4 and including the area commonly known as West Beach on the north.
Harbor District.
The entire Waterfront of the City, including all navigable waters and all tidelands and submerged lands, whether filled or unfilled, situated below the line of mean high tide, bounded by the limits of the City as now fixed or hereafter may be extended.
Harbormaster.
The person designated by the Waterfront Director as the division manager of the Operations Division of the Waterfront Department.
Harbor Patrol Supervisor.
The person designated by the Waterfront Director as the supervisor of the Harbor Patrol Officers in the Operations Division of the Waterfront Department.
Length.
Overall measurement of the Vessel fore or aft including, extensions, projections, fixtures, and attachments, [such as bowsprits, bumpkins, outdrives, booms, brackets, davits and railings,] regardless whether above or below the waterline.
Live-Aboard.
The use or occupancy of a vessel for habitation on any four nights during a seven day period. The term does not include the vacation use of a vessel, as defined in Section 17.18.090, by its registered owner and the owner's guests.
Marina.
A connected system of slips in the Harbor.
Marine Sanitation Device.
Equipment on board a vessel that is designed to receive, retain, treat, process, or discharge sewage.
Minimum Ground Tackle Specifications.
The specifications for Ground Tackle used to moor a vessel, attached as Attachment A to the Resolution of the Council of the City of Santa Barbara Establishing Minimum Ground Tackle Specifications and Procedures for Installing, Inspecting and Repairing Moorings in the Santa Barbara Mooring Area, as may be amended from time to time by the Harbor Commission, with which all vessels intending to moor in the City of Santa Barbara Mooring Area must comply.
Mooring.
An Anchor, chain, buoy, pendant, snubber, chafing gear and associated equipment, not typically stowed or carried aboard a vessel when underway, used to engage the seafloor and through its resistance to drag maintain a vessel within a given radius.
Mooring Inspection Report.
A City form on which a City-Approved Mooring Inspector provides the results and recommendations of a Mooring Inspection.
Mooring Permit.
An annual non-transferable Mooring Site rental agreement issued by the Waterfront Director to a Mooring Permittee to place a Mooring and vessel in a Mooring Site in the Santa Barbara Mooring Area.
Mooring Site.
A designated location within the Santa Barbara Mooring Area assigned by the Waterfront Director through a Mooring Permit to a Mooring Permittee for purposes of Mooring a vessel.
Operable.
A vessel's ability to maneuver safely under its own power from any place in the Harbor District to areas within open waters of the Pacific Ocean and back to its point of origin.
Rode.
All gear, collectively, that lies between a boat and its Anchor.
Santa Barbara Mooring Area.
The area located in the City of Santa Barbara tidal waters east of Stearns Wharf as depicted on the reference map attached as Exhibit A to Chapter 17.20.
Seasonal Anchorage.
The area depicted on the reference map attached as Exhibit A to Chapter 17.20.
Sewage.
Human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
Slip.
A docking space for a vessel within the Harbor.
Slip Fee.
The monthly license fee paid by a slip permittee for berthing privileges in the Harbor, including the monthly fees paid for live-aboard privileges if applicable.
Slip Permit.
A revocable month-to-month license issued by the Waterfront Director to berth a vessel in a slip in the Santa Barbara Harbor.
Special Activity Mooring Permit.
A Mooring Permit issued by the Waterfront Director to individuals, organizations and governmental entities found to be operating research, scientific, clean-up or other functions necessary to the long-term health and operation of the Harbor District and marine environment, or critical to the safety, welfare and protection of persons and assets within the Harbor District.
Stearns Wharf.
The wharf structure and all of its improvements located at the foot of State Street.
Transfer Fee.
The fee charged to transfer a Slip Permit.
Vessel.
A watercraft or other artificial contrivance designed as a means of transportation carrying people or goods over open ocean waters.
Waterfront.
The Harbor, Stearns Wharf, West Beach and all City-owned or operated parking lots and related structures and facilities along Cabrillo Boulevard or Shoreline Drive within the City of Santa Barbara.
Wharfage.
The hourly rate assessed any vessel which uses or is tied up to any structure in the Harbor for the loading or unloading of merchandise, excluding the products of commercial fishing.
Year-Round Anchorage.
The area depicted on the reference map attached as Exhibit A to Chapter 17.20.
(Prior code §24.1; Ord. 4272, 1984; Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5282, 2003; Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5728, 2015; Ord. 5901, 2019; Ord. 6090, 2022)

§ 17.06.010 Harbor Commission - Powers and Duties.

The Board of Harbor Commissioners shall have the same powers and duties regarding the Waterfront as it possesses with respect to the Harbor pursuant to the provisions of Section 811 of Article VIII of the Charter of the City of Santa Barbara.
(Ord. 4272, 1984)

§ 17.08.010 Powers and Duties - Harbor.

The Waterfront Director, acting under the orders and jurisdiction of the City Administrator, shall have full authority in the enforcement of all provisions of this Code, and all the ordinances and regulations affecting the Waterfront, Stearns Wharf and the Harbor District. The powers and duties of the Waterfront Director shall expressly include, but not be limited to, the following:
A. 
Designation of Mooring Areas. To designate and mark, by buoys or otherwise, the areas within which vessels of different sizes and classes shall be moored.
B. 
Assignment of Slips. To assign vessels to slips within designated areas in the Harbor. To approve, issue and collect fees for Slip Permits.
C. 
Termination of Slip Permits. To terminate Slip Permits pursuant to Section 17.20.005.I, herein.
D. 
Assignment of Moorings. To assign moorings to vessels within designated areas in the Harbor District.
E. 
Order Vessel Movement. To order the owner of any vessel within the Harbor District to move the vessel to any other position the Waterfront Director may designate in the interest of safety, space limitations, traffic and reduction of risk due to fire, sinking, breakaway or collision. To move the vessel, and to collect moving costs from the vessel's owner, in the event the vessel is not moved by its owner.
F. 
Moving Vessels. To move the vessel, and to collect moving costs from the vessel's owner, in the event the vessel is not moved by its owner.
G. 
Police Powers. The Waterfront Director and his or her appointed deputies shall be charged with the duty and responsibility of enforcing the provisions of the Municipal Code and of the California Harbors and Navigation Code.
H. 
Closure of Stearns Wharf. To order the closure of Stearns Wharf to the general public when necessary to protect the public health, safety, or welfare or to maintain Stearns Wharf.
I. 
Commercial and Industrial Use of Stearns Wharf. To restrict and control the commercial and industrial use made of Stearns Wharf, including the authority to impose fees, in amounts determined by the City Council, for specified activities, to ensure that such use is consistent with the recreational nature of Stearns Wharf.
J. 
Regulations for the Use of Stearns Wharf. To adopt and enforce reasonable regulations for the proper use and enjoyment of Stearns Wharf by the public.
K. 
Collection of Parking Fees on Stearns Wharf. To collect fees and charges established by resolution of the City Council for vehicles entering or parking on Stearns Wharf.
L. 
Parking Regulations. To establish regulations, including, but not limited to, parking time limitations and procedures for the validation of parking by Stearns Wharf merchants, and by Waterfront Merchants, as necessary for the orderly control of traffic and parking on Stearns Wharf, the Waterfront, and the Harbor District in general.
M. 
Parking Policy. To promulgate parking policy with respect to Stearns Wharf tenants, Waterfront tenants, and their employees in conformance with existing leases and in order to maximize the availability of public parking.
N. 
General. The Waterfront Director and his or her deputies and assistants shall have the jurisdictional authority to enforce the provisions of the Municipal Code and of California Harbors and Navigation Code in or about the Santa Barbara Harbor, Harbor District, and Waterfront area, or when performing necessary duties with respect to patrons employees and properties of the Santa Barbara Harbor, Harbor District, and Waterfront area.
(Prior code §24.2; Ord. 4074, 1980; Ord. 4133, 1982; Ord. 4272, 1984; Ord. 4282, 1984; Ord. 4757, 1992; Ord. 5201, 2001; Ord. 5420, 2007; Ord. 6162, 10/15/2024)

§ 17.08.020 Performance by Deputy or Assistant.

Whenever a power is granted to, or duty is imposed upon, the Waterfront Director, the power may be exercised or the duty may be performed by a deputy, or assistant of the Waterfront Director, or by a person authorized, pursuant to law, by the City Administrator, unless this title expressly provides otherwise.
(Prior code §24.3; Ord. 4074, 1980; Ord. 4272, 1984)

§ 17.08.030 Additional Powers and Duties.

The Waterfront Department shall be under the direction of the Waterfront Director. The Waterfront Director shall be subject to the control and general supervision of the City Administrator. All references in the City Charter, this Code or in any ordinance which refer to the position of Harbor Manager, Harbormaster or Harbor Director as the department head of the Waterfront Department, shall be deemed to refer to the Waterfront Director, provided that nothing herein shall be construed to change the salary of the Waterfront Director.
(Ord. 3336 §1, 1968; Ord. 3919 §7, 1977; Ord. 4074, 1980; Ord. 4272, 1984; Ord. 4757, 1992)

§ 17.08.040 Harbor Patrol.

A. 
Powers and Duties. Harbor Patrol Officers are designated under Sections 663.5 and 6070.6 of the California Harbors and Navigation Code as Harbor Police Officers.
1. 
Harbor Patrol Officers shall act as officers of the Waterfront, and shall be charged with the duties and responsibilities, and be vested with the powers and authority, of enforcing the revisions of the Santa Barbara Municipal Code and of California Harbors and Navigation Code, Division 3, Chapter 5, relating to the operation, equipment and registration of vessels and the regulations adopted by the Department of Boating and Waterways pursuant to that chapter. Such enforcement is to be in accordance and in conformity with the Santa Barbara Municipal Code and the provisions of California Harbors and Navigation Code Sections 664, 665, 667, and 6070.6 relative to the detention of offenders and the issuance of citations.
2. 
Harbor Patrol Officers, in the exercise of their duties, shall have the authority and power to stop and board any vessel subject to California Harbors and Navigation Code, Division 3, Chapter 5, and to issue written notices to appear in court pursuant to the provisions of California Harbors and Navigation Code Section 664.
B. 
Uniforms. While engaged in the discharge of their duties, Harbor Patrol Officers shall wear distinctive uniforms as may be prescribed by the Waterfront Director.
C. 
Vessels. The vessels used by the Harbor Patrol for policing the harbors and enforcing the rules and regulations applicable to operation, equipment and registration of vessels shall be appropriately marked as specified by the Waterfront Director for identification as Harbor Patrol vessels.
(Ord. 3674 §2, 1974; Ord. 4074, 1980; Ord. 4133, 1982; Ord. 4272, 1984; Ord. 4282, 1984; Ord. 4757, 1992; Ord. 5377, 2005; Ord. 6162, 10/15/2024)

§ 17.12.010 Disposition, Etc., of Sunken Vessels, Derelicts, Flotsam, Etc.

The Waterfront Director shall take custody of all property found within the Harbor district not in the lawful possession or control of any person. The lawful owners may claim such property by showing proof of ownership and paying all expenses incurred by the Waterfront Director in connection therewith, including charges for raising, keeping and storing the same. If any property is not claimed, and all charges are not paid, within 60 days after the Waterfront Director has taken custody of it, the Waterfront Director is authorized to sell the same as abandoned property in accordance with the terms of existing law.
(Prior code §24.4; Ord. 4757, 1992)

§ 17.12.020 Notice of Departure from Harbor.

Prior to departure from the Harbor, all boat owners or operators shall report to the Waterfront Director if a slip is to be released, vacated or unoccupied for five or more days.
(Prior code §24.6; Ord. 4757, 1992; Ord. 5386, 2006)

§ 17.12.030 Launching and Removing Vessels - Procedure.

Vessel launching or removal from the Harbor is unlawful, except at public or commercial locations designated for such purpose, without first obtaining permission from the Waterfront Director.
(Prior code §24.7; Ord. 2882 §1, 1962; Ord. 2915 §1, 1963; Ord. 2973 §1, 1964; Ord. 4200, 1983; Ord. 4757, 1992)

§ 17.12.040 Public Launching Ramp Fees.

Fees for the privilege to enter and use the public launching ramp for launching a boat shall be established by City Council resolution.
(Prior code §24.7(a); Ord. 2973, 1964; Ord. 3333, 1968; Ord. 3932 §1, 1977; Ord. 4757, 1992)

§ 17.12.050 Vessels Berthed, Moored or Anchored in the Harbor District.

After December 1, 2015, only operable vessels as defined in Section 17.04.010, and as required in Section 17.20.005.K, shall be berthed, moored or anchored in the Harbor District. Man-made floating objects that were existing and were berthed, moored or anchored in the Harbor District as of December 1, 2015, and were not "operable vessels," as set forth in Section 17.04.010, shall be allowed to continue to be berthed, moored or anchored in the Harbor District. To remain berthed, moored or anchored in the Harbor as a man-made floating object existing after December 1, 2015, the man-made floating object shall not exceed the length or beam that was existing on December 1, 2015 and shall comply with all other requirements of Santa Barbara Municipal Code except as set forth above.
(Ord. 5728, 2015; Ord. 6090, 2022)

§ 17.12.060 Damaging, Etc., Harbor Property.

It is unlawful for any person to willfully or carelessly destroy, damage, disturb, deface or interfere with any buoy, float, life preserver, sign, notice or any other municipal or public property within the Harbor district under the jurisdiction of the City, and such person shall make full restitution for any resulting damages to the City.
(Prior code §24.8; Ord. 4757, 1992; Ord. 5901, 2019)

§ 17.12.070 Information to Be Furnished Waterfront Director.

The master and pursers of all vessels using the Harbor or wharves shall furnish the Waterfront Director with information regarding the size and kind of vessel; the amount, kind and value of waterborne freight handled, and the number of passengers carried and submit their papers, including their manifests for inspection, upon demand.
(Prior code §24.9; Ord. 4757, 1992)

§ 17.12.090 Assumption of Risk by Vessel Owner.

The owner of any vessel shall assume all risk of damage or loss of any kind to his or her property while it is within the limits of the Harbor district. The City assumes no risk on account of fire, theft, act of God, conditions of the sea, or damages of any kind to vessels.
(Prior code §24.11; Ord. 4757, 1992)

§ 17.12.100 Permission to Leave Vessel by Wharf, Pier, Etc.

It is unlawful for any person to leave any vessel unattended or unoccupied at, or alongside any public wharf, pier, float, quay or landing without obtaining permission of the Waterfront Director to do so.
(Prior code §24.12; Ord. 4757, 1992)

§ 17.12.120 Obstructing Access to and Use of Landings, Piers, Fairways, Walkways and Docks.

It is unlawful for any person to obstruct access to or use of any public area including landings, piers, fairways, walkways and docks or to berth any vessel where the length of the vessel exceeds the maximum permissible length for the slip as established by resolution of the City Council.
(Prior code §24.14; Ord. 4757, 1992; Ord. 5152, 2000)

§ 17.12.130 Certain Craft Requiring Permit to Cross Main Channel.

No person shall operate any surfboard, sailboard, paddleboard, raft, or similar craft or device, in or across the main channel, or in area of launching ramps, marinas, and turning basins; without first having obtained permission from the Waterfront Director.
(Prior code §24.141; Ord. 2749 §1, 1959; Ord. 4308, 1984; Ord. 4757, 1992)

§ 17.12.135 Sailboarding Restricted.

No person shall use or operate any sailboard, windsurfer or similar device in the waters bounded by West Beach, Stearns Wharf, the rock groin at the Harbor entrance and an imaginary line connecting the Santa Barbara Harbor Light 4 (located at the end of Stearns Wharf) to Santa Barbara Harbor Breakwater Light (located at the most southeasterly point of the breakwater) between the hours of 12:00 noon to 6:00 p.m. on Sundays during the months of April, May, June and July.
(Ord. 4308, 1984)

§ 17.12.150 Operation of Vessels in Harbor.

A. 
It is unlawful for any person to operate a vessel within the Harbor:
1. 
At a speed greater than five nautical miles per hour;
2. 
In a manner that creates a wake that causes docks, floating structures or vessels secured to docks or floating structures to move in a way that threatens safety, or damages floating structures or vessels; or
3. 
In a manner that fails to account for visibility, weather conditions, other vessels, property or for the safety of all persons.
B. 
This section shall not apply to public officers in the performance of their official duties or persons issued a special permit by the Waterfront Director.
(Prior code §24.16; Ord. 2666 §1, 1958; Ord. 4757, 1992; Ord. 5124, 1999; Ord. 5602, 2012)

§ 17.12.160 Operation of Vessels in Stearns Wharf Wye.

A. 
Unlawful operation of vessels in Stearns Wharf Wye. It is unlawful for any person to operate a vessel within the Stearns Wharf Wye at a speed greater than five nautical miles per hour. This section shall not apply to public officers in the performance of their official duties.
B. 
Definition of Stearns Wharf wye. The Stearns Wharf Wye shall be defined as the area depicted on Exhibit A.
Exhibit A
(Ord. 5841, 2018)

§ 17.12.170 Power Driven Vessels and Sail Vessels in Swim Areas.

It is unlawful to operate a power driven vessel, or a sail vessel, within any designated swim area in the Harbor District unless authorized by the Waterfront Director. Swim areas shall be designated by the placement of regulatory buoys.
(Prior code §24.17(a); Ord. 2666 §2, 1958; Ord. 4757, 1992; Ord. 5458, 2008)

§ 17.12.180 Places Where Swimming Prohibited.

No person shall enter the Harbor waters except slip permittees, lessees, licensees and those persons with valid Business Activity Permits, who, in the course of doing boat maintenance are required to be in the water. Swimming is permitted from that portion of West Beach bordered by Stearns Wharf, the rock groin and the navigation channel, and the seaward portion of the sandspit.
(Prior code §24.18; Ord. 2749 §2, 1959; Ord. 4757, 1992)

§ 17.12.200 Vessel insurance required.

Commencing January 1, 2026, all vessels in the Santa Barbara Harbor District must remain currently insured to retain a slip permit or to moor or to anchor. Vessel insurance must, at a minimum, meet the following criteria:
A. 
Commercial and Recreational Vessels.
1. 
Provide general liability vessel insurance coverage, with a minimum policy limit of $300,000. Insurance policies for vessels held in partnership, trust, or a corporation must list the individual names of each vessel partner.
2. 
Vessel insurance policies shall name the City of Santa Barbara as additional insured, if available from the underwriter, unless mooring or anchoring for less than 90 days.
3. 
This subsection does not apply in cases where a vessel requests to anchor or moor in cases of emergency as determined by the Waterfront Director or their designee, however, such vessel must depart after the emergency.
4. 
Vessel owners must provide to the Waterfront Director a notice of cancellation of their insurance coverage or removal of the City as additionally insured within five business days of such event.
B. 
Excluded Vessels.
This vessel insurance policy is not applicable to launched vessels, human-powered watercraft, or skiffs less than 15 feet in length.
(Ord. 6180, 5/13/2025)

§ 17.12.210 Process, enforcement and ability to appeal.

A. 
Effective January 1, 2026, and annually thereafter, those required to have vessel insurance pursuant to Section 17.12.200, are required to present their insurance declaration page demonstrating minimum policy requirements to the Waterfront Director or their designee upon request.
B. 
Any vessel required to have vessel insurance will be given 60 calendar days to provide proof of compliance. Failure to do so will result in the following:
1. 
Termination of the Slip or Live Aboard Permit. Slip permittees may request a waiver of the termination from the Waterfront Director under Section 17.20.005(J) of the Municipal Code. The permittee must request an appeal with the Waterfront Director within 10 calendar days the permit is terminated.
2. 
After a notice of termination is issued, if a permittee elects to appeal the termination, the vessel may be subject to impound per Santa Barbara Municipal Code Section 17.20.220(A). An appeal under Chapter 1.30 does not stay any impound procedures.
3. 
Owners of transient vessels that do not obtain vessel insurance required under Section 17.12.200 may be denied permission to moor or anchor pursuant to Section 17.20.010.
4. 
Owners of transient vessels that do not obtain vessel insurance required under Section 17.12.200 that have been denied permission to moor or to anchor may be subject to impound per Santa Barbara Municipal Code Section 17.20.220(A).
(Ord. 6180, 5/13/2025)

§ 17.13.010 Vessels Tied Up to Stearns Wharf.

A. 
It is unlawful for any person to leave or permit any vessel to be unattended or unoccupied at, or alongside of, Stearns Wharf without first obtaining the permission of the Waterfront Director.
B. 
The Waterfront Director may order any vessel to leave Stearns Wharf or to change its location alongside Stearns Wharf, if necessary for the health, safety or welfare of persons on or near the Wharf or for the operational efficiency of Stearns Wharf.
C. 
Fees, charges, and regulations may be established by City Council Resolution for tie up of vessels at the passenger loading ramp on Stearns Wharf for the primary purpose of embarking or debarking commercial passengers.
(Ord. 4272, 1984; Ord. 4757, 1992)

§ 17.13.030 Commercial Photography.

Commercial, still, motion or sound photography is permitted on Stearns Wharf after doing the following:
A. 
Obtaining permission of the Waterfront Director; and,
B. 
Obtaining the appropriate permits from the City of Santa Barbara; and,
C. 
Paying appropriate fees as established by City Council resolution.
(Ord. 4757, 1992)

§ 17.13.040 Diving From Stearns Wharf.

It is unlawful to dive or jump from Stearns Wharf without the express permission of the Waterfront Director.
(Ord. 4757, 1992)

§ 17.13.050 Closure of Stearns Wharf.

The Waterfront Director may order the closure of Stearns Wharf to the general public when necessary to protect the public health, safety, or welfare or to maintain Stearns Wharf. When closure of Stearns Wharf is directed on a regular basis or at certain prescribed times during the day, notice of said closure shall be posted in a prominent manner at both the pedestrian and vehicle access entrances to Stearns Wharf.
(Ord. 5420, 2007)

§ 17.13.060 Stearns Wharf Designated Fishing Areas.

It is unlawful to fish from Stearns Wharf except in the areas depicted as "Designated Fishing Areas" on the map attached as Exhibit "A" to Chapter 17.13. The Waterfront Director, or his or her designee, may make temporary changes to the boundaries of the "Designated Fishing Areas" as shown on Exhibit "A" to accommodate special events. Exhibit "A" attached to Chapter 17.13 shall not be revised to reflect such temporary changes, but notice of such temporary changes will be posted at visible locations on Stearns Wharf.
STEARNS WHARF DESIGNATED FISHING AREAS
(Ord. 5712, 2015)

§ 17.16.010 Discharge of Contaminants into Harbor District Waters Unlawful.

It is unlawful for any person to discharge, either directly or indirectly, any pollutant or contaminating substance or material, including rubbish, trash, litter, sewage, or refuse of any kind into the waters of the Santa Barbara Harbor District. The terms "pollutant" or "contaminating substance" also include ballast water, bilge water or waste water containing or contaminated with any paint, varnish, petroleum products, or other insoluble products in a liquid state. The terms "pollutant" or "contaminating substance" shall not include "wash down water," engine discharge or exhaust gas or substances normally contained in such discharges or exhausts, or galley sink, shower or hand basin water.
(Prior code §24.20; Ord. 3482 §1, 1971; Ord. 4757, 1992; Ord. 5282, 2003; Ord. 5458, 2008; Ord. 5901, 2019)

§ 17.16.020 Allowing Contaminants to be Washed into Harbor Water Unlawful.

It is unlawful for any person to deposit, leave or discharge any pollutants or contaminating substances or materials mentioned in Section 17.16.010 of this chapter upon any street, walkway, breakwater, beach, parking lot or other place, where the same may be washed into the waters of Santa Barbara Harbor, either by tides, storm floods or other drainage.
(Ord. 3482 §2, 1971; Ord. 4757, 1992)

§ 17.16.030 Violation of Section 17.16.010.

Within 10 days of a final judicial determination that Section 17.16.010 has been violated by the registered owner or operator of a vessel, the Waterfront Director shall advise the appropriate regional water quality control board, the State Water Quality Control Board, and any other appropriate governmental regulatory body of the facts and circumstances surrounding that finding.
(Ord. 3482 §4, 1971; Ord. 4757, 1992; Ord. 5282, 2003)

§ 17.16.040 Exception to Section 17.16.010.

In an emergency which jeopardizes the safety of any vessel or its occupants, the provisions of Section 17.16.010 are inapplicable if the discharge of any pollutant or contaminating substance mentioned in Section 17.16.010 into the waters of the Harbor district is reasonably necessary to an attempt to avert the emergency.
(Ord. 3482 §5, 1971; Ord. 4757, 1992)

§ 17.16.050 Throwing or Casting Adrift Navigation Hazards.

It is unlawful to dump, throw or set adrift material of any sort into the waters of the Harbor district that is, or might become, obstructive or dangerous to navigation.
(Prior code §24.21; Ord. 4757, 1992)

§ 17.16.060 Leaving Garbage or Refuse on Shore.

It is unlawful for any person to leave, or allow to remain, garbage of any description upon the shores, lands, floats, slips, or other structures in the Waterfront area. The Waterfront Director may remove the same with or without notice. Any person violating this provision shall be responsible for paying the costs of removal and shall be subject to the penalty provided for violations of this code.
(Prior code §24.23; Ord. 4757, 1992)

§ 17.16.070 Violation - Penalty.

In addition to any other remedy or penalty provided by law, the City may, upon repetition of a violation of any of the provisions of this chapter, revoke the right to use or moor, any vessel owned, operated, or used by the violator in the Harbor District.
(Ord. 3471 §5, 1971; Ord. 4757, 1992)

§ 17.18.010 Permit Required.

It is unlawful for any person to live-aboard in the Santa Barbara Harbor without having been issued a valid live-aboard permit by the Waterfront Director.
(Ord. 4387, 1986; Ord. 4757, 1992)

§ 17.18.020 Standards for Permit Issuance.

A. 
Requirements for issuance of live-aboard permits. A live-aboard permit may be issued only if all of the following standards are met:
1. 
Principal Residence. All applicant(s) for live-aboard permits shall be slip permittees, and the vessel shall be that person's and any "Additional Occupants" principal place of residence, as that term is defined in the U.S. Internal Revenue Code.
2. 
Sanitation. The vessel shall be equipped with a fully operational type I, II, or III Coast Guard-approved marine sanitation device suitable in the opinion of the Waterfront Director to prevent direct discharge of human waste into the Harbor.
3. 
Slip Permit. The vessel shall occupy a Slip pursuant to a valid Slip Permit but not a yacht brokerage slip as defined in Section 17.20.005.F.
4. 
Number of Applicants. No more than one person may apply for a single live-aboard permit, provided he or she meets the requirements of this chapter.
B. 
Additional occupants. For the purpose of this chapter, "Additional Occupants" are defined as persons, other than the live-aboard permittee, living aboard a vessel for which a valid live-aboard permit has been issued and who are listed on that live-aboard permit as Additional Occupants.
C. 
Maximum number of additional occupants. No more than four Additional Occupants may be added to a live-aboard permit, unless authorized in writing by the Waterfront Director.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5023, 1997; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)

§ 17.18.030 Regulations.

A. 
Registration. All persons living aboard a vessel pursuant to a permit issued in accordance with subsections 17.18.020A.1 and 4 must be registered as a live-aboard with the Waterfront Director and shall be listed as a live-aboard or "Additional Occupant" on the live-aboard permit for that vessel.
B. 
Rules and regulations. All persons living aboard a vessel pursuant to a permit shall comply with all regulations, laws, and rules of the Harbor.
C. 
Monthly fee. The live-aboard permittee shall pay a monthly live-aboard fee in an amount established by resolution of the City Council. The monthly live-aboard fee shall be due and payable to the Waterfront Department as part of and in addition to the monthly Slip Fee.
D. 
Guests. The live-aboard permittee shall notify the Waterfront Department regarding live-aboard guests if their anticipated stay is seven days or longer. The permittee is limited to 60 live-aboard guest days per year, unless authorized in writing by the Waterfront Director. Unless approved by the Waterfront Director, the live-aboard permittee must be present onboard the vessel during any and all overnight guest stays.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)

§ 17.18.040 Live-Aboard Permit Expiration, Renewal, and Transfer.

Unless suspended, revoked or terminated pursuant to this chapter, a live-aboard permit may be renewed annually effective May 1st upon application and compliance with all terms of this chapter. A live-aboard permit may not be transferred to another person but may be transferred by the live-aboard permittee to a new vessel or to a new Slip Permit of the original live-aboard permittee with prior written approval of the Waterfront Director.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007)

§ 17.18.050 Termination of Live-Aboard Permit.

A. 
Termination. A live-aboard permittee may terminate his or her Live-Aboard permit upon 30 days prior written notice of termination to the Waterfront Department.
B. 
Termination by Waterfront Director. The Waterfront Director may terminate a Live-Aboard permit upon 30 days prior written notice of termination to the Live-Aboard permittee for any of the following reasons:
1. 
Failure to Maintain Berthed Vessel in Operable Condition. The failure of a Live-Aboard permittee to continuously maintain a vessel berthed in a Slip in an Operable condition as required by Section 17.20.005.L herein.
2. 
Failure of Live-Aboard Permittee to Comply With Waterfront Department Rules and Regulations. The failure of a Live-Aboard permittee or Live-Aboard permittee's "Additional other Occupant," guest or visitor to comply with all applicable local, state and federal laws and all Waterfront Department Rules and Regulations.
3. 
Failure of the Live-Aboard Permittee or their Additional Occupants, guests or invitees to comply with reasonable standards of health, safety and welfare.
C. 
Issuance of live-aboard permit after termination. A Live-Aboard permittee whose Live-Aboard permit is terminated as provided herein may not apply for another Live-Aboard permit until six months after the date upon which the Live-Aboard permit is terminated. The Waterfront Director shall have the sole discretion to decide whether to issue another Live-Aboard permit or not. The Waterfront Director's decision shall be final.
D. 
Appeal. If the Waterfront Director terminates a Live-Aboard permit, the Live-Aboard permittee may request a waiver of the termination from the Waterfront Director. To request a waiver of the termination, the Live-Aboard permittee shall file a written waiver request setting forth the grounds upon which the waiver is requested with the Waterfront Director within 10 days of the date that the Live-Aboard permit is terminated. If the Waterfront Director denies the waiver, the Live-Aboard permittee may appeal the Waterfront Director's decision to the Harbor Commission. The appeal shall be filed in writing with the City Clerk within 10 days of the date of the Waterfront Director's decision. The Harbor Commission's decision on the appeal shall be final. If no waiver request is filed, the Live-Aboard permittee may appeal the Waterfront Director's decision to terminate the Live-Aboard permit to the Harbor Commission. The Live-Aboard permittee shall file a written appeal setting forth the grounds upon which the appeal is based with the City Clerk within 10 days of the date of the Live-Aboard permit termination.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5528, 2010; Ord. 5901, 2019)

§ 17.18.060 Fees.

Fees for the issuance, renewal, or reinstatement of live-aboard permits shall be in an amount established by resolution of the City Council.
(Ord. 4387, 1986; Ord. 5420, 2007)

§ 17.18.070 Limitation on Number of Permits.

A. 
General rule. No more than 10% of Harbor Slips may be occupied by live-aboard permittees at any time.
B. 
Waiting list.
1. 
Procedure. A waiting list for live-aboard permits may be maintained and available for public inspection. Live-aboard permits shall be issued according to application date and availability of live-aboard permits. When a live-aboard permit becomes available, it shall be offered to the first person on the waiting list. Notification will be mailed to the most current address on file in the Harbor-master's office. It is the sole responsibility of the applicant to keep the address on file with the Harbormaster current. Acceptance must be made in writing to the Waterfront Department within 30 days of the mailing date of notification. If a live-aboard permit is offered and not accepted within 30 days, the applicant's name will be removed from the list. Fees paid to be included on the live-aboard waiting list are non-refundable.
2. 
Fees. A live-aboard permit waiting list fee in an amount established by resolution of the City Council shall be paid to the Waterfront Department at the time of the request to be placed on the waiting list. A renewal fee in an amount established by resolution of the City Council shall be paid each year an applicant remains on the live-aboard waiting list. Should the City cancel the live-aboard waiting list before offering the applicant a permit, the City will refund the renewal fee paid by the applicant for the current year.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5149, 2000; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)

§ 17.18.090 Vacation Use or Visiting Guests Exception.

The vacation use of a vessel by a slip permittee and the slip permittee's guests does not require a live-aboard permit, provided:
A. 
Unless approved by the Waterfront Director, the Slip permittee must be present onboard the vessel during any and all vacation use stays;
B. 
Such vacation use or visiting guests do not exceed a total of 60 days in any calendar year;
C. 
A minimum of 50% of vacation use is utilized in increments of seven days or more;
D. 
The names of the vacation users and the dates of vacation use are registered with the Waterfront Director by the slip permittee; and
E. 
The vessel is equipped with a fully operational marine sanitation device suitable for preventing direct discharge of human waste into the Harbor.
(Ord. 4387, 1986; Ord. 4757, 1992; Ord. 5273, 2003; Ord. 5420, 2007; Ord. 5901, 2019)

§ 17.20.005 Slip Assignment Policy.

A. 
Purpose.
1. 
Generally. The purpose of the Slip Assignment Policy is to provide regulations for the primary purpose of the Harbor, which is to provide in-water storage for commercial and recreational vessels actively used for their intended purpose.
2. 
Limited Secondary Use. As a limited secondary use, a slip permittee may be permitted to reside aboard a vessel by obtaining a permit from the Waterfront Department pursuant to the Santa Barbara Municipal Code.
B. 
Slip Permits.
1. 
Slip Permit. Before any vessel is allowed in a slip in the Santa Barbara Harbor, a permit must be issued pursuant to the Santa Barbara Municipal Code for that vessel by the Waterfront Department. Slip Permits, as approved by the Waterfront Director, shall be revocable month-to-month licenses. Slip permittees shall comply with applicable ordinances and resolutions, including fee provisions, adopted by the Santa Barbara City Council. No such Slip Permit shall be transferable after death of the slip permittee or by inheritance. A Slip Permit may, however, be assigned to a deceased slip permittee's surviving spouse or domestic partner registered with the City Clerk in accordance with Chapter 9.135 of the Santa Barbara Municipal Code pursuant to Section 17.20.005.D.2.b herein.
2. 
Ownership of Vessel Required. A slip permittee must at all times have an equity ownership interest in the vessel assigned to the Slip Permit.
a. 
Proof of Ownership Required. An equity ownership interest in a vessel must be established at the time a Slip Permit is issued to a slip permittee or transferred in accordance with Section 17.20.005.D herein by submitting any of the following documents to the Waterfront Department: (i) state vessel registration listing the prospective slip permittee as an owner; (ii) federal documentation listing the prospective slip permittee as an owner; or (iii) a notarized bill of sale in the name of the prospective slip permittee. If proof of vessel ownership is a notarized bill of sale, a fully completed state registration or federal documentation with all slip permittees listed as vessel owners must be submitted to the Waterfront Department within 90 days of the submittal of the Slip Permit application. If completed state registration or federal documentation is not submitted to the Waterfront Department within 90 days of submittal of the Slip Permit application, the Slip Permit shall be subject to termination in accordance with the Slip Permit termination procedures set forth in Section 17.20.005 herein.
b. 
Permitted Types of Ownership. Corporations, limited liability corporations, partnerships, non-profit organizations, trusts, governmental agencies or individuals may own vessels. If a vessel is owned by an entity other than an individual, non-profit organization or governmental agency, the Slip Permit applicant(s) or slip permittee(s) must submit to the Waterfront Department documentation satisfactory to the Waterfront Directory establishing that the person(s) signing the Slip Permit has the full legal authority to bind the entity and hold it fully responsible for the Slip Permit. If the vessel is owned by a governmental agency or non-profit organization, the agency or organization must designate in writing a representative from the agency or organization who will be responsible for all aspects of the Slip Permit. Changing the name of the person so designated shall require payment of a slip transfer fee pursuant to Section 17.20.005.D herein, unless waived by the Waterfront Director. Slip permittees shall be responsible for keeping their current mailing address on file with the Waterfront Department. Failure to do so shall relieve the Waterfront Department from all responsibility to notify the slip permittees of changes to this code or applicable rules and regulations.
3. 
Replacement Vessel. If the vessel assigned to the Slip Permit is sold, donated, stolen, destroyed or otherwise permanently removed from its Slip, its owner must notify the Waterfront Department within 15 days of such event. The slip permittee must place a replacement vessel in the Slip assigned to the slip permittee within 180 days after the occurrence of the event causing the removal of the vessel assigned to the Slip Permit, unless granted a written exemption from the Waterfront Director. Failure of timely reporting of a sold, donated, stolen, destroyed or otherwise permanently removed vessel, or timely assignment of a replacement vessel, shall be grounds for termination of the Slip Permit.
4. 
Slip Fees. The slip permittee shall pay one month's Slip Fee, in advance, plus applicable fees and deposits when the Slip Permit application is submitted to the Waterfront Department. Slip Fees shall be established by resolution of the City Council.
5. 
Commercial Fishing and Aquaculture. The City Council may by resolution establish exclusive or preferential uses within all, or within certain areas of, the Harbor for use by vessels employed in commercial fishing and/or aquaculture. For purposes of this section, a commercial fishing vessel or vessel employed in aquaculture is a vessel in use pursuant to a valid and current commercial fishing or aquaculture permit issued by the California Department of Fish and Game. Such a vessel shall be a continuing source of income pursuant to the appropriate California permits, in accord with regulations adopted from time to time by resolution of the City Council.
6. 
Sub-License. It is unlawful for any person issued a Slip Permit to rent (whether or not compensation is paid or other value is received) the Slip Permit to any other person or entity.
C. 
Slip Waiting Lists.
1. 
Master Waiting List. The waiting list for the assignment of Harbor marina slips, as created by City Council Ordinance, is renamed the "Master Waiting List." The Master Waiting List is divided into categories according to slip length. Applicants on the Master Waiting List have designated a category of slip length from which they seek a slip assignment. Applicants may not change their designated category of slip length and no new applicants shall be added to the Master Waiting List.
a. 
Procedure for Slip Assignment to Master Waiting List Applicants. When a slip becomes available, it shall be offered for assignment according to whether the slip is a designated commercial fishing slip or whether it can be utilized for either commercial or recreational purposes. For purposes of this section, commercial fishing slip means a slip that is specially designated by the Waterfront Director as a slip reserved for qualified commercial fishermen ("Commercial Fishing Slip"). If the slip is designated as a Commercial Fishing Slip, it shall be assigned according to subsection C.5 herein to a qualified commercial fisherman. If it is not so designated, it shall be offered for assignment to the applicant in the slip-length category of the available slip with the earliest chronological application date on the Master Waiting List. The available slip shall be offered to each applicant in turn on the Master Waiting List within the slip-length category of the available slip until the slip is either accepted by an applicant or declined by all applicants for that slip-length category.
b. 
Procedure for Accepting or Declining a Slip Assignment Offer.
i. 
Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant's most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 30 days of the date of mailing the notice of slip availability.
ii. 
Completing Slip Assignment. An applicant who accepts a slip-permit offer shall have 90 days from the date of the offer to place a vessel in a designated slip and meet all associated requirements and obligations to complete that slip assignment, as described in this section.
iii. 
Declined Slip Offer. Failure of an applicant to accept a slip assignment offer within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer will result in removal of the applicant's name from the List and in the loss of all fees paid by the applicant.
c. 
Unassigned Slips from the Master Waiting List. If an available slip is offered and declined by all applicants on the Master Waiting List registered for the slip-length category of the available slip, or if a slip-length category on the Master Waiting List is depleted of applicants, the slip shall be referred for assignment to a Sub-Master Waiting List in accordance with subsection C.2 herein.
2. 
Sub-Master Waiting List. All applicants in all slip-length categories on the Master Waiting List shall also be applicants on the Sub-Master Waiting List. The Sub-Master Waiting List shall be ordered chronologically, according to application date, and not divided into slip-length categories. The applicant on the Master Waiting List with the earliest chronological application date, regardless of designated slip-length category, shall be the first applicant on the Sub-Master List. The applicant on the Master Waiting List with the second earliest chronological application date shall be the second applicant on the Sub-Master List, and so on.
a. 
Procedure for Slip Assignment to Sub-Master Waiting List Applicants. A slip that becomes available for assignment to the Sub-Master Waiting List shall be offered to the first applicant on the Sub-Master Waiting List. If the slip offer is declined, it shall be offered to the second applicant on the List, and so on, until the slip is either accepted by an applicant or declined by all applicants on the Sub-Master List.
b. 
Procedure for Accepting or Declining a Slip Assignment Offer.
i. 
Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant's most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 14 days of the date of mailing the notice of slip availability.
ii. 
Declined Slip Offer. Failure of an applicant to accept a slip assignment offer in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer from the Sub-Master List will not result in removal of the applicant's name from the Master or Sub-Master Waiting lists, loss of any fees paid, or change in the applicant's position on either List.
c. 
Unassigned Slips from the Sub-Master Waiting List. If a slip assignment offer is declined by all applicants on the Sub-Master Waiting List, or if there are no applicants on the Sub-Master Waiting List, the slip shall be referred for assignment to a Lottery List in accordance with subsection C.3 herein.
3. 
Lottery List. Any slip that remains unassigned after being offered for assignment to the Master Waiting List and Sub-Master Waiting List, or if the Sub-Master Waiting List is depleted of applicants, shall be offered for assignment to a Lottery List. The Lottery List shall be comprised of applicants selected by lot by the Harbor Commission Chair at a public meeting. Procedures for formation of the Lottery List shall be established by the Waterfront Department Slip Waiting Lists regulation adopted by resolution of the City Council.
a. 
Procedure for Placement on the Lottery List.
i. 
Qualification for Placement on the Lottery List. To qualify for placement on the Lottery List, all applicants must timely submit a Lottery List Participation Request in accordance with the Slip Waiting Lists regulation containing the applicant's name, telephone number and address. An individual may submit only one Lottery List Participation Request.
ii. 
Notification of Ranking and Potential Placement on Lottery List. Within five business days after the Harbor Commission Lottery List drawing, the Waterfront Department shall mail notification to each applicant whose Lottery Participation Request was selected by the Harbor Commission of their ranking and potential placement on the Lottery List. Notification shall be provided by certified mail, return receipt requested, to the applicant at the address shown on the Lottery List Participation Request form. A Lottery List Acceptance Form shall accompany the notification. Applicants not selected for ranking in the Lottery List drawing shall be notified in writing that their Lottery List Participation Request was not selected. The Waterfront Department shall discard the Lottery List Participation Requests not selected.
iii. 
Procedure to Accept Placement on the Lottery List.
(A) 
Within 30 days of the date of mailing notification of Lottery List rankings, selected applicants ranked numbers one through 50 shall return the completed Lottery List Acceptance Form and the Lottery List Placement Fee in an amount established by resolution of the City Council to the Waterfront Department. Any such applicant failing to return the Acceptance Form and Lottery List Placement Fee to the Waterfront Department within the required 30-day period shall not have a position on the Lottery List, and their Lottery Participation Request shall be discarded by the Waterfront Department.
(B) 
Should any applicant ranked numbers one through 50 fail timely return of the Lottery List Acceptance Form and the Lottery List Placement Fee, notification will be sent to the next-ranked applicant for potential placement on the Lottery List as provided by resolution of City Council. Any such applicant ranked numbers 51 through 70 offered potential placement on the Lottery List shall, within 14 days of the date of such mailing, return the completed Lottery List Acceptance Form and the Lottery List Placement Fee in an amount established by resolution of the City Council to the Waterfront Department. Any such applicant failing to return the Acceptance Form and Lottery List Placement Fee to the Waterfront Department within the required 14 day period shall not have a position on the Lottery List, and their Lottery Participation Request shall be discarded by the Waterfront Department.
b. 
Procedure for Slip Assignment to Lottery List Applicants. A slip that becomes available for assignment to the Lottery List shall be offered for assignment to applicants on the Lottery List according to their rank on the Lottery List. If a slip assignment offer is declined by all applicants on the Lottery List, the slip shall be held in the Waterfront Department's visitor slip inventory for a period of six months. After six months, the slip assignment shall be re-offered individually to applicants on the Lottery List in the same order as the slip assignment was initially offered. If the slip remains unassigned after the re-offer, the procedure shall be repeated every six months until the slip assignment offer is accepted.
c. 
Procedure for Accepting or Declining a Slip Assignment Offer from the Lottery List.
i. 
Acceptance of Slip Assignment Offer. Notification of slip availability shall be mailed by the Waterfront Department to the applicant at the applicant's most recent address on file in the Waterfront Department. Acceptance of the slip assignment offer must be submitted by the applicant in writing to the Waterfront Department within 14 days of the date of mailing the notice of slip availability. Acceptance must be submitted to the Waterfront Department in writing.
ii. 
An existing marina slip permittee, or spouse or legally registered domestic partner of a slip permittee, who is offered a slip assignment from the Lottery List shall relinquish an existing Slip Permit assigned to that permittee or that permittee's spouse or legally registered domestic partner to the Waterfront Department prior to, and as a condition for, an assignment from the Lottery List.
iii. 
Declined Lottery List Assignment Offer. Failure of an applicant to accept a slip assignment offer in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip assignment offer will not result in removal of the applicant's name from the Lottery List, loss of the applicant's Lottery List Placement Fee, Lottery List Renewal Fee, or change in the applicant's position on the Lottery List.
d. 
Lottery List Eligibility. An applicant whose name is on the Master Slip Waiting List is not eligible for inclusion on the Lottery List.
4. 
Slip Waiting Lists Fees.
a. 
Master Waiting List Renewal Fee. An annual non-refundable Master Waiting List Renewal Fee in an amount established by resolution of the City Council shall be paid by each applicant on the Master Waiting List prior to the first day of November each year. Failure to timely pay the annual renewal fee shall cause removal of the applicant's name from the List.
b. 
Lottery List Placement Fee and Renewal Fee.
i. 
Lottery List Placement Fee. Each applicant selected for placement on the Lottery List shall return the Lottery List Acceptance Form along with a non-refundable Lottery List Placement Fee in an amount established by resolution of the City Council. Failure to timely pay the Lottery List Placement Fee shall cause the applicant's name to not be placed on the Lottery List.
ii. 
Lottery List Renewal Fee. An annual non-refundable Lottery List Renewal Fee in an amount established by resolution of the City Council shall be paid prior to the first day of November each year. Failure to timely pay the annual Lottery List Renewal Fee shall cause removal of the applicant's name from the Lottery List.
iii. 
Lottery List Assignment Fee. A Lottery List Assignment Fee shall be paid by the applicant at the time a Lottery List slip assignment is made in an amount established by resolution of the City Council. Failure to timely pay the Lottery List Assignment Fee shall be deemed a declined offer.
c. 
Slip Waiting Lists Transfer Fee.
i. 
Slip Waiting Lists Transfer Fee. Any slip permittee assigned a slip from either the Master Waiting List, Sub-Master Waiting List or Lottery List shall pay a Slip Waiting List Transfer Fee in an amount established by resolution of the City Council to transfer the slip within five years of the date of the slip assignment. After five years, a standard Slip Transfer Fee shall be paid in an amount established by resolution of the City Council. A slip transfer shall be accomplished in accordance with subsection D herein.
ii. 
Exemptions from Slip Waiting Lists Transfer Fee; Mooring Licensee Priority Assignment. Payment of the Slip Waiting Lists Transfer Fee shall not be required for the transfer of a Slip Permit by a slip permittee who obtained a permit to occupy a slip pursuant to a mooring licensee priority assignment as provided in the "Marina One and Four Expansion Slip Assignment Policy and Procedures" document. A standard Slip Transfer Fee is required.
iii. 
Hardship Waiver/Appeal. The Waterfront Department, Waterfront Director, Harbor Commission or City Council shall not accept or consider any slip permittee's appeal or request for a waiver from payment of the Slip Waiting Lists Transfer Fee.
5. 
Commercial Fishing/Aquaculture Slip Assignment. Commercial Fishing Slips shall be offered for assignment only to qualified commercial fishermen. Prior to assignment of a Commercial Fishing Slip from either the Master Waiting List, Sub-Master Waiting List, or the Commercial Fishing Slip Lottery, a commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that the commercial fisherman possesses the following minimum qualifications: (i) a commercial fishing or aquaculture permit issued by the California Department of Fish and Game; (ii) a Fish and Game permit for the vessel that is to be moored in the Commercial Fishing Slip as a commercial fishing vessel; and (iii) satisfaction of the terms and criteria to qualify as a qualified commercial fisherman, as established by City Council resolution, including the requirement for earnings from commercial fishing in years prior to the pending Commercial Fishing Slip assignment ("Qualified Commercial Fisherman").
a. 
Master Waiting List. Commercial Fishing Slips that become available for assignment to commercial fishermen on the Master Waiting List shall be offered for assignment to the commercial fisherman registered in the slip-length category of the available slip with the earliest chronological application date. If there are no commercial fishermen registered on the Master Waiting List in the slip-length category available, the slip shall be referred to the Sub-Master List.
i. 
Acceptance of Commercial Fishing Slip Assignment Offer. A Commercial Fishing Slip offered for assignment to a commercial fisherman from the Master Waiting List shall be accepted in accordance with the procedures for acceptance of a slip from the Master Waiting List set forth in paragraph 1.b.i. of this subsection C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman.
ii. 
Declined Slip Offers. Failure of an applicant to accept a slip assignment offer in writing within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a Commercial Fishing Slip offer shall result in removal of the commercial fisherman's name from the Master Waiting List and loss of all fees paid by the commercial fisherman.
b. 
Sub-Master Waiting List. Commercial fishermen registered for commercial slips on the Master Waiting List shall also be applicants on the Sub-Master Waiting List. The commercial fisherman registered for a commercial slip on the Master Waiting List with the earliest chronological application date shall be the first-ranked commercial fisherman on the Sub-Master List. If a commercial slip offer is declined by all commercial fishermen registered for commercial slips on the Sub-Master List, it shall be referred to the Commercial Fishing Slip Lottery process for assignment.
i. 
Acceptance of Commercial Fishing Slip. A Commercial Fishing Slip offered for assignment to the Sub-Master Waiting List shall be accepted according to the procedures for acceptance of a slip from the Sub-Master Waiting List set forth in paragraph 2.b.i. of this subsection C. Prior to assignment of the Commercial Fishing Slip, the commercial fisherman must demonstrate to the satisfaction of the Waterfront Department that he or she is a Qualified Commercial Fisherman.
ii. 
Declined Commercial Fishing Slip Offers. Failure of the applicant to accept the slip in writing within 14 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer will not result in the commercial fisherman's name being removed from the List, loss of the applicant's fees, or change in the applicant's position on the List.
c. 
Commercial Fishing Slip Lottery. A Commercial Fishing Slip that remains unaccepted after being offered to all commercial fishermen registered for commercial slips on the Sub-Master List shall be offered for assignment according to a single lottery process called the Commercial Fishing Slip Lottery. Procedures for formation of the Commercial Fishing Slip Lottery shall be established by the Waterfront Department Slip Waiting Lists regulation adopted by resolution of the City Council. To qualify for participation in the Commercial Fishing Slip Lottery, all applicants must timely submit a Lottery Participation Request in accordance with the Slip Waiting Lists regulation containing the applicant's name, telephone number and address. An individual may submit only one Commercial Fishing Lottery List Participation Request.
i. 
Procedure for Assignment from Commercial Fishing Slip Lottery.
(A) 
Offer of Commercial Fishing Slip Assignment. A Commercial Fishing Slip that becomes available for assignment in accordance with the Slip Waiting Lists regulation shall be offered for assignment to an applicant according to his or her rank in the Commercial Fishing Slip Lottery. The applicant ranked in the first position shall be offered the available Commercial Fishing Slip. If the first-ranked applicant declines the offer or fails to meet the requirements for a Qualified Commercial Fisherman, the second-ranked applicant shall be offered the Commercial Fishing Slip assignment, and so on.
(B) 
Acceptance of Commercial Fishing Slip. Acceptance of the slip assignment offer must be made in writing and submitted to the Waterfront Department within 30 days of the date of mailing notice of slip availability. The acceptance form shall include the necessary information to verify qualification for a Commercial Fishing Slip. Any applicant failing to submit the required information to verify eligibility, or any applicant failing to meet the eligibility requirements set forth in this subsection C.5 for a Qualified Commercial Fisherman, shall be removed from consideration for slip assignment during that Lottery.
(C) 
Declined Commercial Fishing Slip Offer. Failure of an applicant to accept the Commercial Fishing Slip assignment offer in writing within 30 days of the date of mailing of such offer by the Waterfront Department shall be considered a declined offer. Declining a slip offer, or failing to meet the requirements for a Qualified Commercial Fisherman shall result in removal of the applicant's name for slip assignment in that Lottery.
(D) 
An existing marina slip permittee who is offered a Commercial Fishing Slip assignment shall relinquish an existing slip permit to the Waterfront Department prior to, and in exchange for, a Commercial Fishing Slip assignment from the Commercial Fishing Slip Lottery.
ii. 
Unassigned Commercial Fishing Slips. If a Commercial Fishing Slip assignment offer is declined by all applicants selected in the Commercial Fishing Slip Lottery, or if no selected applicants meet the requirements of a Qualified Commercial Fisherman, the Commercial Fishing Slip shall be held in the Waterfront Department's visitor-slip inventory for a period of six months. After six months, the Commercial Fishing Slip assignment shall be offered to applicants in a new Commercial Fishing Slip Lottery. If the Commercial Fishing Slip remains unassigned, this procedure shall be repeated every six months until the Commercial Fishing Slip is assigned.
D. 
Transfer of Slip Permits.
1. 
Procedure. The permittee of a slip may transfer the Slip Permit to a new or changed person upon the sale or transfer of an equity ownership interest in a vessel if all the following conditions are met:
a. 
A written application for the transfer of a Slip Permit is filed within 15 days after the sale or transfer of the equity ownership interest in the vessel.
b. 
The slip permittee shall notify the Waterfront Department in writing within 15 days of the sale or transfer of an equity ownership interest, whether in whole or in part, of a vessel to an individual, entity, non-profit or governmental agency and specify if the Slip Permit is to be transferred or retained by the permittee.
c. 
Every permittee must supply proof of ownership of a permitted vessel pursuant to the requirements of subsection B.2 of this section within 15 days of any change, in whole or in part, in the equity ownership of the vessel.
d. 
The Transfer Fee or waiting list Transfer Fee and all other fees and deposits are paid in full within 15 days after the sale or transfer of interest, in whole or in part, of the vessel.
e. 
The owner must bring an operable vessel to the Administration Dock for verification of length and beam. If the vessel is not operable, the Waterfront Director may waive these requirements for not more than 90 days, solely for the purpose of repair.
f. 
A slip permittee must be in good standing with the Waterfront Department at the time that the Slip Permit transfer application is submitted to the Waterfront Department. A slip permittee is in good standing with the Waterfront Department if, at the time of submittal of the Slip Permit transfer application, both of the following are true and correct: (i) all fees or charges owed to the Waterfront Department by the slip permittee have been paid in full; and (ii) the Waterfront Department has not issued a written notice to terminate the Slip Permit, whether such notice of termination has been received by the slip permittee or not.
g. 
The nine commercial fishing slip permits located at Cabrillo Landing shall be designated as non-transferable. No individual or entity shall be permitted to transfer, sell, or assign their rights to these slips to any other party.
i. 
In the event a Cabrillo Landing slip permit is terminated for any reason, the rights to the associated slip shall automatically revert back to the City.
ii. 
Upon reversion of the slip to the City, the slip shall be reassigned through the Commercial Fishing Slip Lottery.
iii. 
Only individuals or entities who meet the requirements set forth in the Commercial Fishing Policy shall be eligible to participate in the lottery for the reassignment of any of the nine slips.
2. 
Death of Slip Permittee.
a. 
Death of Sole Slip Permittee.
i. 
No Transfer of Slip Permit After Death. No Slip Permit may be transferred after the death of a sole slip permittee.
ii. 
Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, the administrator or executor of the estate of the slip permittee shall notify the Waterfront Department in writing of the death. If such notification is not received by the Waterfront Department within 30 days of the date shown on the death certificate as the date of death, the Slip Permit shall be deemed to be terminated 60 days after such date. Upon termination of the Slip Permit, permission to berth shall be denied by the Waterfront Director, and the administrator or executor of the estate of the deceased slip permittee shall remove the vessel from the Harbor District immediately. Failure to immediately remove the vessel from the Harbor may, at the option of the Waterfront Director, result in the assessment of visitor fees at the visitor fee rate then in effect.
iii. 
Removal of Vessel. If notification of death as required in paragraph ii above is received by the Waterfront Department, the estate of the deceased slip permittee may have a period of time not exceeding 120 days after the date established on the death certificate as the date of death of the slip permittee to remove the vessel from the slip. All regular Slip Fees are due and payable by the estate during this period.
b. 
Death of Slip Permittee with Spouse or Registered Domestic Partner at Time of Death.
i. 
Assignment of Slip Permit After Death. Subject to compliance with the requirements below, a Slip Permit may be assigned to the surviving spouse or domestic partner (registered with the City Clerk in accordance with Chapter 9.135 of the Santa Barbara Municipal Code) of a slip permittee after the death of the slip permittee.
ii. 
Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, the administrator or executor of the estate of the slip permittee or the slip permittee's surviving spouse or registered domestic partner shall notify the Waterfront Department in writing of the death of the slip permittee. The notification to the Waterfront Department shall also state whether the spouse or legally registered domestic partner seeks assignment of the Slip Permit. Assignment of the Slip Permit to the surviving spouse or registered domestic partner will be approved by the Waterfront Director only if: (A) the surviving spouse or registered domestic partner can satisfactorily demonstrate an equity ownership interest in the vessel as provided in subsection B of this section; and (B) either proof of marriage to the slip permittee at the time of the slip permittee's death is provided to the Waterfront Department or proof of registration on the domestic partnership list as the slip permittee's domestic partner at the time of the slip permittee's death is provided to the Waterfront Department. If notification is not received by the Waterfront Department within 30 days after the date established on the death certificate as the date of death of the slip permittee, or the surviving spouse or legally registered domestic partner does not qualify for assignment of the Slip Permit, the Slip Permit shall be deemed to be terminated 60 days after the date established on the death certificate as the date of death of the slip permittee. Upon termination of the Slip Permit, permission to berth shall be denied by the Waterfront Director and the surviving spouse, registered domestic partner or estate of the deceased slip permittee shall remove the vessel from the Harbor District immediately. Failure to immediately remove the vessel from the Harbor may, at the option of the Waterfront Director, result in the assessment of visitor fees at the visitor fee rate then in effect.
iii. 
Removal of Vessel. If notification of death as required in paragraph b.ii above is received by the Waterfront Department and the slip permittee's surviving spouse or registered domestic partner does not seek assignment of the Slip Permit, or does not qualify for assignment as provided herein, the estate of the deceased slip permittee, surviving spouse or registered domestic partner shall have a period of time not exceeding 120 days after the date established on the death certificate as the date of death of the slip permittee to remove the vessel from the slip. All regular Slip Fees are due and payable by the surviving spouse, registered domestic partner or estate of the deceased slip permittee during this period.
c. 
Death of Slip Permittee with Multiple Slip Permit Partners.
i. 
Slip Permit Remains Valid. Upon the death of one of the slip permittee partners, subject to compliance with the requirements herein, a Slip Permit held by multiple Slip Permit partners remains valid in the names of the remaining Slip Permit partners.
ii. 
Notification of Death. Not later than 30 days after the date established on the death certificate as the date of death of the slip permittee, either the administrator or executor of the estate of the deceased slip permittee or the deceased slip permittee's surviving spouse or registered domestic partner or one of the remaining Slip Permit partners shall notify the Waterfront Department in writing of the death of the slip permittee. Such notification shall also state whether the spouse or registered domestic partner seeks assignment of the Slip Permit in the deceased slip permittee's partnership position or not. To become a Slip Permit partner, the surviving spouse or registered domestic partner must satisfy the requirements set forth in paragraph b.ii above.
E. 
Yacht Brokerages.
1. 
Definitions. For the purpose of this section,
"Yacht brokerage"
means a business entity that deals in the sale of vessels in compliance with applicable state, federal and local laws and regulations, and conducts the brokerage upon real property in the Harbor Area in accordance with a current and valid lease agreement with the City.
"Yacht brokerage slip"
means any slip assigned to a yacht brokerage.
2. 
Number of Slips. No yacht brokerage may validly hold permits to more than 15 slips at any given time in the Santa Barbara Harbor. No more than 30 yacht brokerage slips shall be assigned at any time. Any assignments exceeding these limits are void.
3. 
Slip Assignments. Yacht brokerage slip assignments will be registered with the Waterfront Department and the appropriate fee paid. Yacht brokerage slip assignments shall not extend beyond one year. The Waterfront Director retains the discretion to assign vacated slips, temporarily cancelled slips, visitor slips, end ties and side ties as yacht brokerage slips.
4. 
No Overnight Stays. Use of any yacht brokerage slip for overnight stays is illegal at all times and under all circumstances, unless expressly authorized during emergencies by the Waterfront Director.
5. 
Payment. Yacht brokerages will pay full monthly rental rates when due to the City on all slips and will not charge slip rates in excess of that charged by the City in the current Resolution of the City Council establishing mooring and Slip Fees in the Santa Barbara Harbor.
F. 
Temporary Cancellation.
1. 
Temporary Cancellation. A slip permittee may request temporary cancellation of the Slip Permit. The Waterfront Department may grant the request for temporary cancellation of a Slip Permit to a slip permittee desiring to take an extended cruise for a period of not less than 90 days. During the period of temporary cancellation, the permittee shall pay a reduced Slip Fee equivalent to 25% of the normal Slip Fee. In the event the permittee's vessel returns before expiration of the 90 days, the full monthly slip rate will be reinstated and shall be charged for the entire period of time that the permittee's vessel was absent from the Harbor.
2. 
Ownership of Vessel on Temporary Cancellation. A slip permittee must be and remain at all times an owner of the vessel registered to the Slip Permit that is issued temporary cancellation status by the Waterfront Department. Relinquishing ownership of the vessel for any reason shall be cause for termination of temporary status and reinstatement of the full monthly Slip Fees beginning on the date ownership of the vessel is relinquished. In the event that the vessel is destroyed by fire or other natural causes, reinstatement of monthly Slip Fees shall be determined by the Waterfront Director in his or her sole discretion.
3. 
Removal of Personal Belongings Prior to Temporary Cancellation. Prior to beginning temporary cancellation status, all skiffs, kayaks, boat lines, fenders, dock steps and all other appurtenances or equipment must be removed from the slip berthing the vessel whose owner requests temporary cancellation and from the dock adjacent to the slip berthing the vessel whose owner requests temporary cancellation.
4. 
Temporary Cancellation Exceeding One Year. Slip permittees with vessels absent for more than one year on extended cruise shall advise the Waterfront Department if the slip permittee intends to continue on extended cruise status on or before the end of the one-year period and shall provide the Waterfront Director with proof of ownership of the vessel. Lack of annual notification or verification of vessel ownership is grounds for revoking temporary cancellation status.
G. 
Visitor Slip Assignments. The Waterfront Department retains the right to utilize vacant slips and slips with temporarily canceled Slip Permits for transient slip assignments. No more than 30 visitor slips, exclusive of temporary cancellations and end ties and side ties, shall be maintained for transient vessels.
H. 
Exchange of Permits. Slip permittees utilizing comparably sized slips may exchange (trade) slips with one another upon approval of the Waterfront Director. A processing fee or the slip transfer fee shall be charged upon the exchange of permits as provided by City Council resolution. A permittee subject to the Waiting List Transfer Fee (see subsection C of this section) who exchanges a permit pursuant to this section shall remain subject to the Waiting List Transfer Fee. If the Waiting List Transfer Fee is charged following the exchange, it will be charged according to the fee applicable to the slip originally assigned. For purposes of the Waiting List Transfer Fee, the time the permittee holds the exchanged permit shall be added to the time the original permit was held. No exchanges will be permitted unless all rents, fees and deposits due are paid.
I. 
Waterfront Director Termination of Slip Permits. The Waterfront Director may terminate a Slip Permit upon 30 days' prior written notice of termination (except for the longer notice period provided in paragraph 2 of this subsection) to the slip permittee for any of the following reasons:
1. 
Late Payment of Monthly Slip Fees. Monthly Slip Fees are due and payable on the first day of the month with or without receipt of billing, and monthly Slip Fees are delinquent after the 15th day of the month. After the 15th day of the month, a late charge, in an amount established by resolution of the City Council, will be assessed and added to the Slip Fees which are delinquent. Failure to pay monthly Slip Fees, together with all accumulated late charges, may result in termination of the Slip Permit. Termination of a Slip Permit due to late payment of Slip Fees may also result in termination of a live-aboard permit that may have been issued to a slip permittee of the terminated Slip Permit.
2. 
Death of a Sole Slip Permittee. A Slip Permit shall terminate 60 days after the date of death of a slip permittee under circumstances where the slip permittee has no surviving spouse, registered domestic partner or Slip Permit partners at the time of death.
3. 
Failure to Meet Requirements for Commercial Fishing Earnings. Failure of a person with a specially designated Commercial Fishing Slip Permit issued in accordance with subsection B of this section to meet the requirements for commercial fishing earnings, as such earnings requirement is established by resolution of the City Council, may result in termination of the Commercial Fishing Slip Permit.
4. 
Failure to Maintain Berthed Vessel in Operable Condition. Failure of a slip permittee to continuously maintain a vessel berthed in a slip in an operable condition may result in termination of the Slip Permit.
5. 
Failure of Slip Permittee to Comply With Waterfront Department Rules and Regulations. A slip permittee's or slip permittee's guest, visitor or invitee's failure to comply with all applicable local, state and federal laws and all Waterfront Department Rules and Regulations may result in termination of the Slip Permit.
6. 
Failure of Slip Permittee or guests or invitees to comply with standards of health, safety and welfare in the use of slips, vessels and the Harbor.
J. 
Appeal. If the Waterfront Director terminates a Slip Permit, the slip permittee may request a waiver of the termination from the Waterfront Director. To request a waiver, the slip permittee must file a written waiver request setting forth the grounds upon which the waiver is requested with the Waterfront Director within 10 days of the date that the Slip Permit is terminated. If the Waterfront Director denies the waiver, the slip permittee may appeal the Waterfront Director's decision to the Harbor Commission. The appeal shall be filed in writing with the City Clerk within 10 days of the date of the Waterfront Director's decision. The Harbor Commission's decision on the appeal shall be final. If no waiver request is filed, the slip permittee may appeal the Waterfront Director's decision to terminate the Slip Permit to the Harbor Commission. The slip permittee must file a written appeal setting forth the grounds upon which the appeal is based with the City Clerk within 10 days of the date that the Slip Permit is terminated. The Harbor Commission's decision on the appeal shall be final.
K. 
Vessels in the Harbor Must Be Operable.
1. 
Vessels Assigned to a Slip Permit Must Be Maintained as Operable Vessels. Vessels assigned to a Slip Permit must be continuously maintained in an operable condition. If, at any time, based upon the appearance of the vessel, inspection by the Waterfront Director, or other facts, the Waterfront Director determines that a vessel is not operable, the Waterfront Director shall give notice to the slip permittee requiring the slip permittee to demonstrate that the vessel is operable within 15 days of the date of the notice. If the slip permittee does not demonstrate operability of the vessel within the 15-day period, the Slip Permit may be terminated and the vessel shall be removed from the Harbor.
Exception Vessels Not Operable. Vessels that had assigned slips in the Santa Barbara Harbor on September 9, 1980, and which, on that date, were not operable, shall be exempt from the operation of this section until transfer of the Slip Permit, after which time the operability is required.
2. 
Vessels in the Harbor Must Be Operable. Vessels in the Harbor must be continuously maintained as operable vessels. It is unlawful to berth a vessel in the Harbor that is not operable.
L. 
Issuance of Slip Permit After Termination. A slip permittee whose Slip Permit is terminated as provided herein may not apply for another Slip Permit until one year after the date upon which the Slip Permit is terminated. The Waterfront Director shall have the sole discretion to decide whether to issue another Slip Permit or not. The Waterfront Director's decision shall be final.
(Ord. 4757, 1992; Ord. 5023, 1997; Ord. 5109, 1999; Ord. 5140, 2000; Ord. 5206, 2001; Ord. 5273, 2003; Ord. 5347, 2005; Ord. 5377, 2005; Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5453, 2008; Ord. 5458, 2008; Ord. 5500, 2009; Ord. 5528, 2010; Ord. 5767, 2016; Ord. 5901, 2019; Ord. 6090, 2022; Ord. 6108, 2023; Ord. 6186, 8/19/2025)

§ 17.20.010 Permission to Moor, Anchor, Berth or Dock Required.

It is unlawful for any person to Moor, Berth, Dock or Anchor any vessel or to allow a vessel under their command and control to remain Moored, Berthed, Docked or Anchored in any part of the Harbor District, except anchoring in the Seasonal and Year-Round Anchorage areas depicted in Exhibit "A" attached hereto, without first obtaining permission to do so from the Waterfront Director. The Waterfront Director may refuse permission to Moor, Berth, Dock, or Anchor a vessel in the Harbor District when the Waterfront Director determines it is in the interest of public health, safety or the protection of the environment, assets or resources of the City to do so.
(Prior code §24.24; Ord. 4757, 1992; Ord. 5386, 2006; Ord. 5602, 2012)

§ 17.20.020 Unseaworthy Vessels Not to be Moored.

The Waterfront Director has the authority to determine if a sunken, submerged, or badly deteriorated vessel, or property of any kind is unseaworthy or is a menace to navigation. Any vessel or property in such condition will be declared to be a public nuisance and shall be considered abandoned property and subject to sale in the manner prescribed in Chapter 9.88.
(Prior code §24.5; Ord. 4757, 1992)

§ 17.20.030 Fees to be Paid - Exception.

It is unlawful for any person to moor any vessel in any part of the Harbor, without first submitting a written application to the Waterfront Director, paying all fees to the City as required by this chapter and obtaining a permit from the Waterfront Director.
(Prior code §24.25; Ord. 4757, 1992)

§ 17.20.040 Specifications for Mooring.

The City may grant a license to occupy and use a specific water area in the Santa Barbara Harbor for the mooring of a specifically named vessel. The location of the specific mooring shall be within the sole discretion of the Waterfront Director. Licensee shall be responsible for the provision, installation and maintenance of all mooring equipment. Such equipment shall remain the property of the Licensee. The type, quality, maintenance and location of mooring equipment shall be as specified by the Waterfront Director. The City or Licensee may terminate the license agreement for a mooring after giving reasonable notice as provided in the license agreement. Upon termination of a License to occupy a mooring, Licensee shall remove the mooring equipment within 10 days. If not removed within 10 days, title to the mooring equipment shall pass to the City and the City may remove and dispose of such equipment as it deems appropriate.
(Prior code §24.26; Ord. 4757, 1992)

§ 17.20.140 Slip and Mooring Fees.

Slip fees and mooring fees shall be established by City Council resolution.
(Prior code §24.36; Ord. 2845 §2, 1961; Ord. 2942 §1, 1963; Ord. 3178 §1, 1966; Ord. 3435 §1, 1970; Ord. 3791, 1975; Ord. 4757, 1992)

§ 17.20.150 Payment of Slip and Mooring Fees.

A. 
Deposit for slip permits.
1. 
Amount of Deposit Required. A deposit equal to two months' Slip Permit Fees shall be paid with the first monthly slip permit fee payment.
2. 
Deposit Increase. At the discretion of the Waterfront Director, Slip Permittees may be required, upon 30 days written notice, to increase the deposit set out above in paragraph 1 of this subsection, if the slip permit fees have been increased and the existing deposit does not equal two months' Slip Fees.
B. 
Payment procedure for slip permit fees. Slip permit fees in an amount established by resolution of the City Council shall be due and payable monthly, in advance.
C. 
Payment for mooring permits. Mooring Permit fees in an amount established by resolution of the City Council shall be due and payable on the date of Mooring Permit issuance and annually thereafter on the date of renewal.
(Prior code §24.37; Ord. 3840, 1976; Ord. 4757, 1992; Ord. 5377, 2005; Ord. 5386, 2006)

§ 17.20.160 Gate Lock Key Charges.

The charges, fees and policies for the issuance of key cards to open gates to the marinas, doors to the restrooms and related facilities shall be established by the Waterfront Director and shall be approved by City Council resolution.
(Prior code §24.36; Ord. 2845 §2, 1961; Ord. 2942 §1, 1963; Ord. 3178 §1, 1966; Ord. 3466 §1, 1971; Ord. 4133, 1982; Ord. 4757, 1992)

§ 17.20.165 Unauthorized Entry to Marinas, Restrooms and Related Facilities; Prohibition, Penalty.

The unauthorized transfer or use of a key card is prohibited. The entry into a locked or controlled marina, restroom or related facility without a key card and without the authorization of the Waterfront Director is prohibited. A violation of this section of the code is an infraction.
(Ord. 4133, 1982; Ord. 4757, 1992)

§ 17.20.220 Impound and Relocation of Vessels.

A. 
Impound and relocation of vessels berthed, docked, moored or anchored in the harbor district in violation of the Santa Barbara municipal code. A vessel berthed, docked, moored or anchored in the Harbor District in violation of the Santa Barbara Municipal Code may be impounded in its location, including a dock, pier, slip, wharf or open ocean of the Harbor District, or may be impounded, relocated and stored in another location designated by the Waterfront Director.
B. 
Impound and relocation of vessels for delinquent fees. A vessel whose owner is delinquent on the payment of Slip or other fees to the Waterfront Department may be impounded in its location, including a dock, pier, slip, wharf or open ocean of the Harbor District, or may be impounded, relocated and stored in another location designated by the Waterfront Director.
C. 
Payment of impound fee. The owner of any vessel impounded under either subsection A or B of this section, whether relocated and stored or not, shall pay an impound fee established by Resolution of the City Council, in addition to any storage or delinquent fees, to the Waterfront Director prior to release of the vessel.
D. 
Notice of storage and hearing. Whenever the Waterfront Department impounds and stores a vessel as permitted by this section, the Waterfront Department shall provide the vessel's registered owner(s) of record, with the opportunity for a post-storage hearing to determine the validity of the storage.
1. 
Notice of Storage. Notice of the storage shall be mailed or personally delivered to the registered owner(s) within 48 hours, excluding weekends and holidays, and shall include the following information:
a. 
The name, address, and telephone number of the Waterfront Department.
b. 
The location of the place of storage and description of the vessel.
c. 
The authority and purpose for the impound and storage of the vessel.
d. 
A statement that, in order to receive the post-storage hearing, the owner(s) shall request the hearing in person or in writing within 10 days of the date appearing on the notice.
2. 
Post-Storage Hearing. The post-storage hearing shall be conducted within 48 hours of the receipt of the request for the hearing by the Waterfront Department, excluding weekends and holidays. The City may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vessel.
3. 
Failure to Request or Attend Hearing. The failure of the registered owner(s) to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.
4. 
Finality of Hearing and Return of Fees. The Waterfront Department shall return to the registered owner(s) of the vessel all impound and storage fees paid by the owner if it is determined by the hearing officer that reasonable grounds for the storage of the vessel are not established. The decision of the hearing officer after the post-storage hearing shall be final.
(Prior code §24.42; Ord. 4757, 1992; Ord. 5458, 2008; Ord. 5500, 2009)

§ 17.20.240 Visiting Vessels.

A. 
Visitors to the Santa Barbara Harbor shall pay, in advance, daily fees per foot of vessel length, to the City, as established by City Council resolution.
B. 
If any visitor leaves a visitor berth or mooring, unless forced to do so by weather or fire, without first paying accrued visitor fees, both the vessel and the person representing the vessel shall be placed upon a delinquent list, and will not be permitted to use any slip or mooring without first paying double the fees incurred and an additional charge of $10.00, except by the express permission of the Waterfront Director.
C. 
It is unlawful for any person using a vessel to overstay the "maximum allowable stay," as established by City Council Resolution, without the express permission of the Waterfront Director. Any person violating this subsection shall pay a monetary penalty over and above the required visitor fees as such penalty amounts may be established by resolution of the City Council. The payment of such monetary penalties shall not limit the City's ability to exercise any other remedy, civil or criminal, or other administrative procedures, as may be set forth in this code, against the person in violation of this subsection.
(Ord. 4757, 1992; Ord. 5315, 2004)

§ 17.20.250 Permits for Vessel Placement on Leadbetter Beach and Vessel and Storage Rack Placement on West Beach.

A. 
An annual nontransferable permit fee as established by City Council Resolution will be charged for the seasonal placement of vessels on a portion of Leadbetter Beach, also designated and referred to as Catamaran Beach, and year-round placement of vessels and storage racks on West Beach in locations and upon terms and conditions designated by the Waterfront Director.
B. 
It is unlawful to place or store a vessel on Leadbetter Beach or a vessel or storage rack on West Beach without a permit issued by the City for such purposes, unless expressly allowed to do so by the Waterfront Director in writing.
C. 
It is unlawful to place or store containers, boxes, or any other vessel equipment or appurtenances on Leadbetter Beach or West Beach unless expressly allowed to do so by the Waterfront Director in writing.
D. 
In addition to prosecution under this code, when any person places or stores a vessel or storage rack without a permit, or one of the items described in subsection C above, on Leadbetter Beach or West Beach, said vessel or item may be padlocked on the beach and it may be removed from its location and stored in another area inside or outside the Harbor as designated by the Waterfront Director. A storage fee as established by City Council shall be charged for the storage of unpermitted vessels or items as described in subsection C above on Leadbetter Beach or West Beach.
(Ord. 4757, 1992; Ord. 5315, 2004)

§ 17.20.255 Santa Barbara Mooring Area.

A. 
Mooring of vessels in the Harbor District.
1. 
Unlawful Mooring in Harbor District. It is unlawful to place, erect, construct or maintain a Mooring in any area of the Harbor District without a current and valid Mooring Permit issued by the Waterfront Director or without the express permission of the Waterfront Director.
2. 
Unlawful Anchoring in Santa Barbara Mooring Area. It is unlawful for any person having charge of a vessel to Anchor a vessel in the Santa Barbara Mooring Area without express permission of the Waterfront Director.
B. 
Moored vessels must be operable.
1. 
Unlawful to Moor Inoperable Vessels. It is unlawful to Moor a vessel in the Santa Barbara Mooring Area that is not Operable.
2. 
Moored Vessels Must be Maintained as Operable Vessels. Vessels assigned to a Mooring Site in the Santa Barbara Mooring Area must be continuously maintained in an Operable condition. If, at any time, based upon the appearance of the vessel, inspection by the Waterfront Director, or other facts, the Waterfront Director determines that a vessel is not Operable, the Waterfront Director shall give notice to the Mooring Permittee requiring the Mooring Permittee to demonstrate that the vessel is Operable within 15 days of the date of the notice. If the Mooring Permittee does not demonstrate Operability of the vessel within the 15 day period, the Mooring Permit shall be terminated and the Mooring and vessel shall be removed from the Santa Barbara Mooring Area as required in the Mooring Permit Rules and Regulations. Vessels issued Special Activity Mooring Permits may be exempt from this provision, based on a determination of exemption by the Waterfront Director.
C. 
Santa Barbara mooring area use and regulations.
1. 
Use of Mooring Sites. The Santa Barbara Mooring Area is divided into separate designated Mooring Sites. Mooring Sites shall be used only for the Mooring of Operable vessels and Dinghies by vessel owners who have been issued a Mooring Permit by the Waterfront Director. Mooring Sites shall not be used for commercial purposes without the express permission of the Waterfront Director. Mooring Permittees shall at all times use the Mooring Site in compliance with the Mooring Permit, Minimum Ground Tackle Specifications, this chapter, and all local, state and federal rules. Failure to comply with all rules and regulations shall be cause for termination of a Mooring Permit.
2. 
Mooring Permit Administration.
a. 
Mooring Permits may be issued by the Waterfront Director in accordance with the Mooring Permit Rules and Regulations adopted by Resolution of the City Council of the City of Santa Barbara.
b. 
Special Activity Mooring Permits may be issued by the Waterfront Director.
c. 
Mooring Permit, Term. A Mooring Permit shall be issued for a period of one year and may be renewed annually thereafter by the Waterfront Director.
d. 
A Mooring Permittee shall hold no more than one permit. No person shall at any time be issued or hold more than one Mooring Permit.
e. 
Slip Permittees Not Eligible for Mooring Permits. Slip Permittees in Santa Barbara Harbor are not eligible for assignment of Mooring Permits in the Santa Barbara Mooring Area, and Mooring Permittees in Santa Barbara Mooring Area are not eligible for Slip Permits in Santa Barbara Harbor either through assignment or transfer, unless one of the permits is relinquished prior to issuance of the other permit.
f. 
Transfer of Permit. Mooring Permits are not transferable or inheritable.
g. 
Rental of Mooring Sites Prohibited. It is unlawful for any person issued a Mooring Permit to rent or lease (whether or not for compensation paid or other value), sublease or loan a Mooring Site to any other person or entity.
3. 
Termination of Mooring Permit. Mooring Permits may be terminated either by the Waterfront Director or the Mooring Permittee as provided in the Mooring Permit Rules and Regulations. Upon termination of the Mooring Permit, the vessel and Mooring shall be removed from the Santa Barbara Mooring Area in accordance with the Mooring Permit Rules and Regulations.
4. 
Failure to Timely Remove a Vessel or Mooring from the Santa Barbara Mooring Area. If the Mooring is not removed within the time provided for such removal in the Mooring Permit Rules and Regulations, title to the Mooring shall vest in the City. The City may, thereafter, remove and sell or dispose of the Mooring and recover the removal, storage or disposal costs from the Mooring Permittee. If the Mooring Permittee fails to pay such cost, the Waterfront Director may collect such costs in any court of competent jurisdiction or may recover any costs from the proceeds of sale of the Mooring. Vessels not removed from the Mooring Site within the time provided in the Mooring Permit Rules and Regulations shall be impounded by the City and subject to storage fees, disposal or lien sale proceedings as provided by law.
5. 
Appeal of Mooring Permit Termination. If the Waterfront Director terminates a Mooring Permit, the mooring permittee may request a waiver of the termination from the Waterfront Director. To request a waiver, the mooring permittee must file a written request setting forth the grounds upon which the waiver is requested with the Waterfront Director within 10 days of the date of termination under paragraph D.1 or D.2 of the Rules and Regulations of Mooring Permits. If the Waterfront Director denies the waiver, the Mooring permittee may appeal the Waterfront Director's decision to the Harbor Commission. The appeal shall be filed in writing with the City Clerk within 10 days of the date of the Waterfront Director's decision on the waiver. The Harbor Commission's decision on the appeal shall be final. If no waiver request is filed, the mooring permittee may appeal the termination to the Harbor Commission. The mooring permittee shall file a written appeal setting forth the grounds upon which the appeal is based with the City Clerk within 10 days of the date of termination under paragraph D.1 or D.2 of the Rules and Regulations of Mooring Permits.
D. 
Mooring installation requirements and annual inspection.
1. 
Mooring Installation. If offered a Mooring Permit, an individual shall place a Mooring and vessel in the Mooring Site designated in the Mooring Permit within 90 days of acceptance of the Mooring Permit offer. The Mooring placement shall be made in accordance with the Minimum Ground Tackle Specifications by a City-Approved Mooring Inspector. If the Mooring and vessel are not timely placed in the Mooring Site, or if the Mooring is not approved as required by the Mooring Permit Rules and Regulations, no Mooring Permit shall be issued.
2. 
Mooring Position. Any vessel moored in a Mooring Site within the City of Santa Barbara Mooring Area shall be firmly secured to a Mooring in such a manner as to prevent the vessel from drifting, dragging or otherwise moving off the Mooring Site. If the Waterfront Director determines that the migration of a vessel off the Mooring Site may cause an immediate threat or danger to life, property or the environment, the Waterfront Director may take action deemed necessary to abate such hazard. Any costs incurred by such abatement shall be borne by the Mooring Permittee.
3. 
Mooring Inspections. Moorings shall be inspected by a City-Approved Mooring Inspector upon installation at the Mooring Site and annually thereafter on each anniversary date of the issuance of the Mooring Permit (or more frequently at the Permittee's option or as deemed necessary by the Waterfront Director) to determine compliance with Minimum Ground Tackle Specifications. The installation and inspection shall be performed in accordance with the Mooring Permit Rules and Regulations by a City-Approved Mooring Inspector at the Mooring Permittee's sole cost and expense.
(Ord. 5386, 2006; Ord. 5528, 2010; Ord. 5696, 2015)

§ 17.20.260 Anchoring Vessels Within the Santa Barbara Year-Round and Seasonal Anchorages.

A. 
Anchoring in year-round anchorage areas. Subject to compliance with the rules and regulations of the Waterfront Department, this chapter, and all applicable state and Federal laws, vessels may Anchor at any time in the Year-Round Anchorage.
B. 
Anchoring in seasonal anchorage areas. Subject to compliance with the rules and regulations of the Waterfront Department, this chapter, and all applicable state and Federal laws, vessels may Anchor in the Seasonal Anchorage during the months of April through October. It is unlawful to Anchor in the Seasonal Anchorage during the months of November through March.
C. 
Anchored vessels must be operable. Vessels Anchoring in the Year-Round or Seasonal Anchorages must be continuously maintained as Operable vessels. It is unlawful to Anchor a vessel in the Year-Round or Seasonal Anchorage that is not Operable.
D. 
Unlawful mooring and anchoring. It is unlawful to (i) Moor a vessel at any time, (ii) Moor or Anchor a vessel within 100 feet of any swim area designated by the placement of regulatory buoys, or (iii) leave Anchoring Equipment unattended without an attached vessel in the Seasonal or Year-Round Anchorages.
E. 
City removal of mooring or anchoring equipment. Any unlawfully placed Mooring or abandoned Anchoring Equipment may be removed by the City and sold or otherwise disposed of by the City as abandoned property. In addition to any fees incurred pursuant to Section 17.20.260.D, the City may recover the costs of removal, storage, or disposal of the Mooring or Anchoring Equipment from the vessel's owner.
(Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5458, 2008)

§ 17.20.265 Anchoring Vessels Within Waters of Harbor District Not Designated as Seasonal or Year-Round Anchorage.

A. 
Unlawful anchoring.
1. 
Consent of Waterfront Director Required to Anchor Vessels in Harbor. It is unlawful to Anchor a vessel in the waters of the Harbor at any time without the consent of the Waterfront Director.
2. 
No Anchoring in Harbor District Except as Provided Herein. It is unlawful to Anchor a vessel in waters of the Harbor District between the sunset and the sunrise, except the Seasonal and Year-Round Anchorages as delineated on the reference map attached as Exhibit "A" to Chapter 17.20, without prior permission of the Waterfront Director.
3. 
No Anchoring in Harbor District at Any Time. It is unlawful to Anchor a vessel in the waters of the Harbor District at any time of the day or night in the area located between the eastern edge of Stearns Wharf and a line connecting Boundary A and Boundary B on the western edge of the Seasonal Anchorage as depicted on the reference map attached as Exhibit "A" to Chapter 17.20 without the prior permission of the Waterfront Director.
B. 
Anchored vessels must be operable. Vessels Anchoring in any area of the Harbor District must be continuously maintained as Operable vessels. It is unlawful to Anchor a vessel in any area of the Harbor District that is not Operable.
C. 
Unlawful mooring and anchoring. It is unlawful to Moor a vessel at any time or to leave Anchoring Equipment unattended without an attached vessel in the waters of the Harbor District not designated as Seasonal, Year-round or the Santa Barbara Mooring Area.
D. 
City removal of mooring or anchoring equipment. Any unlawfully placed Mooring or abandoned Anchoring Equipment may be removed by the city and sold or otherwise disposed of by the City as abandoned property. In addition to any fees incurred pursuant to Section 17.20.265.C, the City may recover the costs of removal, storage, or disposal of the Mooring or Anchoring Equipment from the vessel's owner.
East Beach Mooring/Anchoring Program
(Ord. 5386, 2006; Ord. 5420, 2007; Ord. 5500, 2009)

§ 17.24.030 Vessels Accorded Free Dockage.

Free dockage will be accorded vessels:
A. 
When, in the discretion of Waterfront Director conditions warrant the temporary suspension of regular dockage charges against vessels of the United States Government or any other nation, or otherwise in the interest of public welfare;
B. 
While actively engaged as a tug boat when made fast to another vessel which is being charged dockage.
(Prior code §24.45(b); Ord. 2832 §4, 1961; Ord. 4757, 1992)

§ 17.24.060 Assessment According to Length - Types of Boats - Exceptions.

A. 
Use of city pier. Dockage shall be assessed based upon the overall length of the vessel. No dockage shall be charged for any fishing boat permitted under the provisions of this chapter to unload or load fish or fishing supplies at the City Pier, unless the owner or operator of the fishing boat fails or neglects to begin unloading within 30 minutes following the docking of the boat, or unless the boat remains docked at the City Pier for more than 15 minutes after loading or unloading is completed.
B. 
Dockage rates. Dockage shall be computed, assessed and paid on a per tie-up basis for each 24 hours, at a rate established by City Council resolution.
1. 
Exception 1: Tie-ups not to exceed 30 minutes shall be permitted without charge at the discretion of the Waterfront Director, as follows:
a. 
For transacting official business with the Harbormaster; or
b. 
For the convenience and safety of the Harbor.
2. 
Exception 2: There shall be no charge for tie-ups at the launching ramp service float for trailered boats launched at the City-owned launching ramp provided the tie-up time is not in excess of 30 minutes.
3. 
Exception 3: There shall be no charge for tying up at the Accommodations Dock for up to 15 minutes. Permission for the tie-up may be denied at the discretion of the Waterfront Director if an emergency exists or if a dangerous congestion or threat to navigation would result from the tie-up.
(Prior code §24.45(e); Ord. 2832 §4, 1961; Ord. 3320 §2, 1968; Ord. 3435 §4, 1970; Ord. 3460 §1, 1970; Ord. 4757, 1992)

§ 17.24.070 Credit Dockage List.

The Waterfront Director may, at his or her discretion, approve payment of dockage charges by the week or month or other regular intervals and may require a deposit to be made in advance equal to one month's dockage charges for the privilege of being on the credit dockage list.
(Prior code §24.45(f); Ord. 2832 §4, 1961; Ord. 4757, 1992)

§ 17.24.080 Duration of Dockage.

Dockage shall commence when a vessel enters the Harbor for the purpose of tying-up to any wharf or pier in the Harbor and ends when the vessel vacates the wharf or pier. No deduction shall be made for Saturdays, Sundays or holidays.
(Prior code §24.45(g); Ord. 2832 §4, 1961; Ord. 4757, 1992; Ord. 5386, 2006)

§ 17.24.090 Payment of Bills.

All bills for dockage must be paid when due. If dockage is not paid when due, the vessel will be placed on the delinquent list and will be subject to the penalties provided by law.
(Prior code §24.45(h); Ord. 2832 §4, 1961; Ord. 4757, 1992)

§ 17.24.100 Leaving Slip Prior to Payment.

If any person leaves a slip, unless forced to do so by weather or fire, without first paying all fees due (unless such vessel is upon the credit dockage list), such vessel shall be placed upon the delinquent list, in which case it will not be permitted to use any slip without first paying all fees and late charges as established by resolution of City Council, except by permission of the Waterfront Director.
(Prior code §24.45(i); Ord. 2832 §4, 1961; Ord. 4757, 1992; Ord. 5386, 2006)

§ 17.24.110 Wharfage Charges.

The rates for wharfage shall be established by the City Council by resolution, except as otherwise specifically provided in this chapter.
(Prior code §24.46(a) & (c); Ord. 2832, 1961; Ord. 3131, 1966; Ord. 3320, 1968; Ord. 3846, 1976; Ord. 3940 §1, 1978; Ord. 4757, 1992)

§ 17.24.200 Right of Inspection by Waterfront Director.

The Waterfront Director is hereby authorized to enter upon and inspect any vessel which is loading or unloading merchandise to ascertain the kind and quantity of merchandise thereon, and it shall be unlawful to refuse permission to or prevent the Waterfront Director, his or her representatives, or such other persons, from entering upon any vessel for the purpose specified in this rule.
(Prior code §24.46(j); Ord. 2832 §5, 1961; Ord. 3131 §1, 1966; Ord. 4757, 1992)

§ 17.24.230 Rates for Delivery of Fresh Water to Vessels.

Rates for fresh water delivered to vessels in the Harbor shall be as established by resolution of City Council.
(Prior code §24.47; Ord. 2727 §1, 1959; Ord. 4757, 1992)

§ 17.24.240 Unlawful to Attach Water Outlet or Hydrant Without Permission - Exception.

A. 
It is unlawful for any person to attach a hose to any water outlet or hydrant, or to use any water hose or meter, or to take or attempt to take any water, without permission of the Waterfront Director.
B. 
Nothing herein contained shall prevent any person from attaching a hose, or otherwise using the water from any outlet, for the prevention of fire only.
(Prior code §24.47; Ord. 2727 §1, 1959; Ord. 4757, 1992)

§ 17.24.270 City Pier Designated.

The Waterfront Director, subject to the approval of the Harbor Commission, shall designate a portion of the wharf in Santa Barbara Harbor, commonly and herein referred to as "City Pier," for the unloading of fresh fish, mollusks, crustaceans and sea water mammals. The portion of the City Pier so designated shall be clearly sign-posted by the Waterfront Director, in a manner visible from the surface of the City Pier and from its seaward approaches.
(Prior code §24.49(a); Ord. 2832 §1, 1961; Ord. 2911 §1, 1964; Ord. 4757, 1992)

§ 17.28.010 Permit Required - Business Activity.

Except as expressly authorized in writing by the Waterfront Director or his or her designee, no person shall engage in any business or commercial activity of any kind whatsoever in the Harbor District without first having applied for and obtained the appropriate license, lease or permit.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5528, 2010)

§ 17.28.020 Permission Required - Advertising.

It is unlawful to erect, repair, alter, relocate or maintain any post, distribute or display signs, commercial advertisements or circulars within the Harbor District, or to direct or authorize another person to do so, except pursuant to a sign permit obtained in accordance with Chapter 22.70 of the Santa Barbara Municipal Code, unless the sign is specifically exempted from the permit requirements as provided in Chapter 22.70. The requirements of this chapter shall not apply to a "For Sale" sign displayed on a vessel occupying a slip by the owner of the vessel, or a sign, an announcement, or a flyer posted on a bulletin board provided on a Marina gate.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5528, 2010)

§ 17.28.030 Permit Fee and Duration.

A fee, established by resolution of City Council, shall be charged by the Waterfront Director for each Business Activity Permit issued pursuant to this chapter. The permit extends for a period of one year, beginning on August 1 of each year and expiring on July 31 of each year.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5458, 2008)

§ 17.28.040 Regulation.

Activities permitted shall be subject to such further regulation, in the public interest, as determined by the Harbor Commission at a regularly noticed meeting.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)

§ 17.28.050 Revocation of Permit.

The following activities by the permittee shall be grounds for revocation of the Business Activity Permit by the Waterfront Director without refund of fee:
A. 
Any of the following activities or any other activities which violate Waterfront policy, City ordinances or any State or Federal Law,:
1. 
Any activity which causes a risk of injury or property damage to any person.
2. 
Any activity which poses a navigation hazard with the Harbor.
3. 
Any activity which impedes the free circulation of vessels, vehicles or persons within the Harbor District, or adversely affects traffic.
4. 
Any activity which pollutes the Harbor waters or litters the marinas, walkways or land areas of the Harbor District.
B. 
Any misrepresentation in the application for a Business Activity Permit.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)

§ 17.28.060 Permits Non-Transferable.

Business Activity Permits are not transferable.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)

§ 17.28.070 Appeal.

If the Waterfront Director denies or revokes a Business Activity Permit, the permittee may request a waiver of the denial or revocation from the Waterfront Director. To request a waiver, the permittee must file a written waiver request setting forth the grounds upon which the waiver is requested with the Waterfront Director within 10 days of the date that the permit is denied or revoked. If the Waterfront Director denies the waiver, the permittee may appeal the Waterfront Director's decision to the Harbor Commission. The appeal shall be filed in writing with the City Clerk within 10 days of the date of the Waterfront Director's decision. The Harbor Commission's decision on the appeal shall be final. If no waiver request is filed, the permittee may appeal the Waterfront Director's decision to deny or revoke the permit to the Harbor Commission. The permittee shall file a written appeal setting forth the grounds upon which the appeal is based with the City Clerk within 10 days of the date that the permit is denied or revoked. The Harbor Commission's decision on the appeal shall be final.
(Ord. 3517 §2, 1972; Ord. 4757, 1992; Ord. 5528, 2010)

§ 17.28.090 Business Tax Not Permit.

The payment of a business tax, or a building or sign permit fee by the City does not constitute a permit under this chapter, nor shall the granting of a permit under this chapter excuse the payment of a business tax or the obtaining of any other permit, or non-compliance with any applicable law.
(Ord. 3517 §2, 1972; Ord. 4757, 1992)

§ 17.28.100 Commercial Photography in Harbor.

Still, motion or sound photography is permitted in the Harbor after doing the following:
A. 
Obtaining permission of the Waterfront Director; and,
B. 
Obtaining the appropriate permits from the City of Santa Barbara; and,
C. 
Paying appropriate fees as established by City Council resolution.
(Ord. 4757, 1992)

§ 17.32.020 Sale or Delivery of Petroleum Products in Harbor District Limited to Franchise Holders.

No oil, gasoline, petroleum or other hydrocarbon substance or product shall be sold, exchanged, delivered to or accepted by any person whatsoever in any commercial deal or transaction from, upon or off of any barge, boat, float, wharf, tank, tanker within the Harbor district except by agents of the fuel dock tenant of the City.
(Prior code §33.23; Ord. 4757, 1992)

§ 17.36.010 Definitions. Parking in Waterfront Parking Lots.

The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
Duty and Power to Manage.
The Waterfront Director shall have the duty and power to manage all uses of Waterfront Parking Lots and may deny issuance of parking permits to any person or entity when such permit or permits would unduly interfere with coastal access or public parking.
Harbor Parking Lot.
The Waterfront Parking Lot bounded on the East by West Beach, on the West by Harbor Way, on the North by Shoreline Drive and Cabrillo Boulevard and on the South by Marinas 2, 3, 4 and the small-boat launch ramp.
Parking Fees and Permits.
No person shall park a vehicle in the Waterfront Parking Lots without having paid or paying the required parking fee. Parking fees and the permit system for Waterfront Parking Lots shall be established by resolution of the City Council.
Pay by Plate Parking Management System
When entering Waterfront Parking Lots operated by a pay by plate parking management system, the owner or operator of a vehicle entering the lot must purchase an hourly parking permit from a pay by plate parking management system machine in accordance with instructions and requirements posted on the machine. Such hourly parking permit shall be prominently purchased upon arrival. Any owner or operator of a vehicle who fails to purchase a valid hourly parking permit shall pay a fee as described by City Council resolution.
Waterfront Parking Lots.
All parking lots managed and maintained by the Waterfront Department, including Leadbetter Parking Lot, Harbor West Parking Lot, Harbor Parking Lot, Garden Street Parking Lot, Palm Park Parking Lot, Cabrillo West Parking Lot, Cabrillo East Parking Lot and Stearns Wharf.
(Ord. 4757, 1992; Ord. 5649, 2014; Ord. 5911, 2019; Ord. 6194, 11/18/2025)

§ 17.36.020 Parking for Certain Purposes Prohibited.

A. 
Improper use of waterfront lot. No person shall park a vehicle in any Waterfront Parking Lot for the principal purpose of displaying such vehicle/vessel for sale, repairing such vehicle/vessel (except repairs necessitated by an emergency and lasting no longer than four consecutive hours), or washing such vehicle/vessel.
B. 
Inoperable vehicles. No person shall park or permit to remain, any motor vehicle which is wrecked or inoperable in any Waterfront Parking Lot (except while conducting an emergency repair for no longer than four consecutive hours).
C. 
No vehicles to remain in parking lot past time of parking lot closing. No person shall leave a vehicle in a Waterfront Parking Lot past the posted closing time.
(Ord. 4757, 1992; Ord. 5564, 2011; Ord. 5911, 2019)

§ 17.36.030 Trailer Parking in Harbor Parking Lot.

A. 
Boat trailer parking permitted. Persons who own or have possession of boat trailers shall be allowed to park boat trailers in the Harbor parking lot in designated boat-trailer parking stalls located adjacent to the small-vessel launch ramp for a period of time not to exceed three consecutive nights. For the purpose of this section, one night's parking is defined as parking a boat trailer in a designated trailer parking stall any time between the hours of midnight to 4:00 a.m. No trailer, other than a boat trailer, shall be allowed to park in a parking stall in the Harbor lot without the prior written permission of the Waterfront Director or his or her designee.
B. 
Boat trailer parking prohibited. No person who owns or has possession of a boat trailer shall park such trailer in any area of the Harbor parking lot other than as provided in subsection A above without the prior written permission of the Waterfront Director or his or her designee.
C. 
Boat trailer parking in violation of this section; removal of trailer and penalties. Any boat trailer parked in violation of this section may be removed by the City of Santa Barbara Police Department in accordance with the requirements of the California Vehicle Code and the owner or person in possession of the boat trailer parked in violation of this section may be prosecuted in accordance with Chapter 1.28.
(Ord. 5564, 2011)

§ 17.36.035 Annual Parking Permits.

A. 
Authority. The Waterfront Director may issue non-transferable annual parking permits for Waterfront Parking Lots as provided in this section.
B. 
Eligible vehicles. Annual parking permits may be issued to passenger vehicles (as defined in California Vehicle Code Section 465 but excluding house cars) or motor trucks (as defined in California Vehicle Code Section 410 but excluding trucks with a manufacturer's gross vehicle weight rating of 11,500 pounds or more and an unladen weight of 8,002 pounds or more) which are used by the general public, Waterfront slip permittees, or ocean-dependent commercial fishing businesses upon payment of a fee established by resolution of the City Council.
C. 
Ineligible vehicles. Annual parking permits shall not be issued to any vehicle that exceeds one or more of the following size limitations: 22 feet in length, 90 inches in height or 82 inches in width. Annual parking permits shall not be issued to buses, vehicles not licensed for travel on public highways, recreational vehicles, motorhomes or campers. Annual parking permits shall not be issued to vehicles used for commercial purposes unrelated to maritime or ocean uses.
D. 
Waivers. The Waterfront Director or his or her designee may grant waivers from the size limitations established by this section, in the Harbor Parking Main Lot only, when to do so is necessary to promote a commercial, ocean-dependent priority need, including, but not limited to, commercial fishing operations, lease holders businesses, Business Activity Permit holders businesses, or oil spill response activities. Such waivers may be granted conditionally.
(Ord. 5911, 2019)

§ 17.36.040 72-Hour Vehicle Parking Limit in Parking Lots.

A. 
72-Hour vehicle parking limit in waterfront parking lots. Except as provided in subsection B below, no person who owns, or has possession, custody or control of any vehicle shall park, stop or leave the vehicle in the same parking space in any of the Waterfront Parking Lots in excess of a period of 72 consecutive hours.
B. 
72-Hour vehicle parking limit in harbor parking lot. No person who owns, or has possession, custody or control of any vehicle shall park, stop or leave the vehicle in the Harbor Parking Lot in excess of a period of 72 consecutive hours, except persons with valid permits or prepaid permits as established by City Council resolution, under the following circumstances:
1. 
Currently registered and fully operational vehicles owned by harbor slip permittees displaying a valid Waterfront slip-permittee parking permit may be parked for no more than 30 consecutive days in the Harbor Parking Lot, provided that the vehicle is removed from the lot for not less than 96 consecutive hours each 30 day period. It is unlawful for a slip permittee with a valid Waterfront slip-permittee parking permit to fail to remove a permitted vehicle for at least 96 consecutive hours after 30 consecutive days. Violation of this requirement is grounds for immediate revocation of a slip-permittee parking permit. The Waterfront Director may issue exceptions to the exiting requirement when necessary to support maritime activities. Such exceptions may be issued conditionally.
2. 
The Waterfront Director or his or her designee may permit a person to park a vehicle in the Harbor Parking Lot over the 72-hour limit for maritime reasons. The vehicle owner must register with the Waterfront Parking Office and obtain and display in the vehicle written evidence of permission prior to leaving the vehicle in the Harbor Parking Lot.
(Ord. 4757, 1992; Ord. 5649, 2014; Ord. 5911, 2019; Ord. 6090, 2022)

§ 17.36.050 Penalties for Vehicle Parking Over 72 Hours in Parking Lots.

A. 
Penalties for vehicle parking over 72 hours in waterfront parking lots. In the event a vehicle is parked, stopped or left standing in any of the Waterfront Parking Lots, except the Harbor Parking Lot pursuant to the provisions of Section 17.36.040.B, in excess of a period of 72 consecutive hours, the vehicle may be cited and the vehicle may be removed from the Waterfront Parking Lots by any member of the Police Department authorized by the Chief of Police in the manner and consistent with the requirements of the California Vehicle Code.
B. 
Penalties for vehicle parking over 72 hours in harbor parking lot. In the event a vehicle is parked, stopped or left standing in the Harbor Parking Lot in excess of a period of 72 consecutive hours, does not have a valid slip holder parking permit, and has not been registered with the Waterfront parking office in advance, the vehicle may be cited and removed from the Harbor Parking Lot by any member of the Police Department authorized by the Chief of Police in the manner and consistent with the requirements of the California Vehicle Code.
(Ord. 4757, 1992; Ord. 5649, 2014)

§ 17.36.060 Oversized Vehicles in Harbor Parking Lot.

All vehicles over 22 feet in length are prohibited from parking in the Harbor Parking Lot, excepting those vehicles exempted by resolution of City Council.
(Ord. 4757, 1992; Ord. 5458, 2008; Ord. 5911, 2019)

§ 17.36.070 Oversized Vehicles in Waterfront Parking Lots.

All vehicles over 33 feet in length are prohibited from entering or using any Waterfront Parking Lot, excepting those vehicles exempted by resolution of City Council.
(Ord. 5262, 2002)

§ 17.36.080 Oversized Vehicles in Designated Waterfront Parking Lots.

The Waterfront Director shall designate parking spaces in Waterfront Parking Lots, including a limited number of oversize parking spaces, by signs, pavement stripes or other means of designation.
A. 
Parking in designated parking stalls only. No vehicle shall be stopped, left standing or parked in any Waterfront Parking Lot, other than within a single marked stall designated for that size of vehicle.
B. 
Parking in marked stalls only. No vehicle shall be stopped, left standing or parked in any Waterfront Parking Lot, at angles, horizontally, diagonally or otherwise across the lines marking a parking stall designated for parking a vehicle.
C. 
No parking in oversized stalls. No vehicle that is less than 22 feet in length shall be stopped, left standing or parked in any Waterfront Parking Lot within a parking stall designated for an oversize vehicle.
D. 
No parking of oversized vehicles in passenger vehicle stalls. No vehicle that is over 22 feet in length shall be stopped, left standing or parked in any Waterfront Parking Lot, within a parking stall designated for passenger vehicles of ordinary length (less than 22 feet).
(Ord. 5262, 2002; Ord. 5564, 2011; Ord. 5911, 2019)

§ 17.36.090 No Personal Property in Parking Stalls.

No person shall occupy, fill or obstruct a space designated for parking in any Waterfront Parking Lot with any personal property other than a vehicle appropriate for the size of the parking stall, except by special permit of the Waterfront Director.
(Ord. 5262, 2002; Ord. 5564, 2011)