(A) No person (including the owner, master, operator or person in possession of a vessel) shall moor a vessel at or in the facilities of this harbor, excluding tidelands under lease, without having first secured a berthing assignment permit or temporary assignment from the Wharfinger in the form and manner provided therefor.
(B) Upon expiration of the berthing assignment permit, unless extended or renewed, the berthing assignment permit and all rights thereunder automatically terminate. No berthing assignment permit shall be renewed if the holder thereof is in violation of any of the terms of this chapter or any other fully enacted ordinance or regulation of the city. No berthing assignment permit shall be renewed until all fees and charges due and payable shall have been paid in full.
(C) A berthing assignment shall authorize the holder thereof to use the moorage facilities for moorage purposes only and grants no further rights, privileges or uses. Additional or varying uses shall not be allowed except as provided in the ordinances and regulations of the city.
(D) Berthing assignment permits are not transferable. Sale or transfer of a vessel covered by a berthing assignment permit transfers no rights or privileges inhering in the berthing assignment permit nor guarantees the issuance of a new berthing assignment permit.
(E) Berthing assignment permits shall be issued only with respect to a named individual and shall be valid only in respect to that individual.
(F) Moorage spaces may be reassigned at the discretion of the Harbor Master if an orderly administration of the harbor so requires. Holder of a berthing assignment permit may apply for reassignment; however, reassignment is not a right or privilege inherent in the berthing assignment permit.
(G) Vessels to which berthing assignment permits apply may be temporarily assigned or reassigned to other berths and spaces under the control of the Harbor Master to accommodate repairs, improvements, maintenance, construction, emergencies or when necessary in order to permit maximum efficient public utilization of the harbor facilities.
(H) Moorage space designated by a berthing assignment permit may not be sublet.
(I) Any berthing assignment permit or temporary berthing assignment permit may be revoked immediately by the Harbor Master if the holder thereof violates any provision of this chapter or any other ordinance of the city applicable thereto. In addition, the Harbor Master may revoke a berthing assignment permit for a deliberate misstatement or willful failure to disclose any material fact in an application for the permit.
(J) A berthing assignment permit may be canceled by the holder thereof upon 30 days written notice to the Harbor Master.
(K) As a condition to the issuance of a berthing assignment permit, the holder thereof shall at all times keep the Harbor Master informed of his current mailing address, telephone number, legal owner's address, and insurance company of record. The holder shall also notify the Harbor Master immediately upon any change of ownership of the vessel to which his berthing assignment permit applies, and shall further notify the Harbor Master immediately upon vacating the mooring spaces assigned to the vessel. Failure to keep the Harbor Master informed as to the holder's current mailing address, telephone number, legal owner's address, and insurance company of record shall be grounds for revocation of the berthing assignment permit.
(L) Upon notice by certified mail, return receipt requested, to the holder of a berthing assignment permit that the berthing assignment permit has been revoked pursuant to this chapter, and after the expiration of 11 days from the date when said notice was deposited in the mail, the Harbor Master may remove any vessel or other personal property left by the holder upon the city's properties and dispose of the same in such fashion as the city may deem proper.
('63 Code, § 11-1.302) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99