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Whenever any of the words hereinafter defined are used in this chapter, they shall be construed to mean the following:

A. "Berkeley Marina," hereinafter referred to as "marina", means the area owned or controlled by the City including the municipal fishing pier, the breakwater, the sea walls and the extensions thereof, located on the Berkeley waterfront, bound by the following:

On the south by a westerly extension of Channing Way

On the north by the north edge of Cesar Chavez Park, and a westerly extension thereof

On the west by a north-south line through the end of the Municipal Fishing Pier

On the east by the east edge of Cesar Chavez Park, and by the west edge of the Meadow area of Eastshore State Park and a southerly extension thereof.

B. "Waterfront Manager," means the person in day-to-day charge of the actual operations of the Berkeley waterfront as designated by the City Manager. "Waterfront Manager" also means their designated representative.

C. "Harbormaster," means the person in day-to-day charge of the actual operations of the Berkeley Marina as designated by the City Manager and also means their designated representative.

D. "Permittee" means the person who has been authorized by the Harbormaster to berth their vessel in the marina.

E. "Vessel" means every description of watercraft used, or capable of being used, as a means of transportation on the water, or a craft designed to float on the water. "Vessel" specifically includes "residential houseboat", and any other watercraft berthed in the marina.

1. "Residential houseboat" means any vessel that is designed to not be capable of getting under way. This type of vessel includes any non-self-propelled vessel such as barges and/or any noncruising type houseboats.

2. "Cruising vessel" means any sailboat, motor driven boat, or cruising houseboat that is specifically designed for operation in open waters and is capable of getting under way.

F. "Residence" means any vessel, located within the marina boundaries upon which a person stays aboard four or more days and nights in any consecutive seven-day period or more than 12 nights during any 30-day period, whether or not consecutive.

G. "Extreme length" means the length from the forward most part of the vessel and equipment to the aft-most part of the vessel and equipment measured horizontally and parallel to the vessel’s longitudinal axis. This measurement includes but is not limited to bow and stern rails, bowsprits, anchor chocks, anchors, furling drums, outboard motors, stern drives, propellers, rudders, outboard brackets, antennas, barbecues, dinghies, booms and mizzen booms as stowed for berthing. Outboard motors and stern drives are measured in the tipped-up position, if this is how they are normally stowed for berthing. The measurement does not include dock lines, fenders, or electrical cables.

H. "Personal Watercraft" means any vessel less than 16 feet long, propelled by a water-jet pump or other machinery as its primary source of motor propulsion, designed to be operated by a person sitting, standing, or kneeling on, rather than sitting or standing inside the vessel.

I. "Professional Marine Surveyor" means a person who derives a substantial portion of their income from surveying the type of vessel in question, and who advertises these services in local media.

J. "Seaworthy" means capable of independently navigating the central portion of San Francisco Bay in typical summer afternoon weather conditions, in safety and with no significant probability of requiring assistance.

K. "Private Dock" means a dock or berthing space subject to a lease or license agreement that gives an organization or entity other than the City of Berkeley long-term and exclusive control of the dock’s use.

L. "Public Dock" means all regular monthly berths in the Marina, and other docks or berthing areas not under exclusive long-term control of an organization or entity other than the City of Berkeley. (Ord. 6925-NS § 1 (part), 2006: Ord. 6645-NS § 1, 2001)