A. Charter vessels may use or operate from public docks in the Berkeley Marina only as set forth in this section and pursuant to a charter permit.

B. Upon application therefor, the Harbormaster or Waterfront Manager may issue a charter permit. Charter permits shall require compliance with all applicable provisions of federal, state and City laws, ordinances and regulations, current commercial general liability insurance naming the City as additional insured in an amount not less than one million dollars (which amount shall be subject to adjustment by the Risk Manager) and payment of all fees and taxes required by City ordinances.

C. Use of slips for charter vessels shall be in accordance with assignments made by Harbormaster or Waterfront Manager, who may establish procedures for orderly reservation, assignment and allocation of slips. Operators of charter vessels shall pay a slip use and passenger loading fee established by resolution of the City Council.

D. Charter vessels which use or operate from private docks in the Berkeley Marina shall pay a Marina use fee established by resolution of the City Council. The purpose of said fee is to compensate the City for services and benefits provided to such vessels through maintenance and improvement of the Berkeley Marina and associated public facilities.

E. Upon three violations of this section within any 12-month period, the operator of a charter vessel shall be prohibited from operating any charter vessel in or from the Berkeley Marina for one year. For purposes of this section, conviction of an infraction shall be conclusive evidence of violation. In addition, for purposes of this section, written notice of violation by the Harbormaster or Waterfront Manager in the manner set forth in Section 6.20.290 shall also constitute conclusive evidence of violation, provided that said notice shall be subject to appeal as set forth in Section 6.20.320.

F. As used in this section, "Charter vessel" means any vessel used to carry passengers for consideration, direct or indirect. (Ord. 6925-NS § 1 (part), 2006: Ord. 6645-NS § 1, 2001)