(a) Every boat owner desiring to guarantee the availability of a mooring space by reserving a mooring space, or to moor temporarily at any vacant reserved stall or numbered mooring space, shall apply therefor to the Harbormaster. Reserved spaces shall be allocated on a “first-come-first-served” basis and a waiting list will be compiled and administered by the Harbormaster for subsequent vacancies in the same manner. For the purposes of the original allocation of reserved mooring spaces at the commencement of the facility operation, the City Council shall set forth those special rules by resolution; provided, that they too will be based on a “first-come-first-served” principle. No such stall or space shall be used until so reserved or assigned and the appropriate fee therefor is paid in advance.

(b) Possession of a reservation for a specific mooring space does not imply nor guarantee to the holder any right to the exclusive use of such space for the duration of reservation agreement. Possession of a reservation is a guarantee that the reserved space shall be available for the use of the holder of the reservation during those periods when the subject boat is within the boat harbor facilities. The Harbormaster may temporarily assign another boat to a reserved mooring space as he determines it expedient and only when the boat assigned to a reserved mooring space is away from the harbor area.

(c) In an event that a holder of a mooring space reservation returns to the boat harbor facilities and finds his reserved mooring space occupied the holder shall contact the Harbormaster. The Harbormaster shall cause the boat temporarily assigned to the reserved mooring space to be moved.

(d) The Harbormaster shall inform users of the absent holder’s reserved mooring space that said use shall continue only for the duration of the holder’s boat’s absence and that the Harbormaster is authorized to have moved the temporarily assigned boat to another location upon return of the holder’s boat. The user shall, if at all possible, inform the Harbormaster as to where user can be contacted.

(e) A boat owner who possesses a reservation for a mooring space shall not sublease or in any other manner permit the use of such mooring space to any other boat owner except as provided in this section.

(f) The boat owner temporarily assigned to a reserved mooring space shall not use the utilities which may have been provided to that space for the exclusive use of the boat owner holding a reservation on that space.

(g) Nothing in this section limits the Harbormaster’s authority to use the holder’s reserved space during the absence of the holder’s boat and to move moored boats to other locations in the event of fire or other emergency requiring such action.

(h) No property rights are created by this section. The holder shall have only a license to use the space reserved to him as provided in this title.

(i) The owner or operator of a vessel assigned exclusive mooring shall notify the Harbormaster each time the space will be unoccupied for a period of 12 or more consecutive hours. During such periods when the assigned vessel will not be utilizing exclusive mooring space, the Harbormaster may assign such space for transient moorage. [Code 1979 § 18.08.050.]