HomeMy WebLinkAbout07 - Amending Newport Municipal Code Title 17, Pertaining to Speed Limits - Amended ResolutionOctober 9, 2018
Agenda Item No. 7
ORDINANCE NO. 2018- 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT
BEACH MUNICIPAL CODE TITLE 17, PERTAINING TO
VESSEL SPEED LIMITS
WHEREAS, the City of Newport Beach ("City") is a premier destination that
provides for a diversity of recreational uses including a visitor friendly harbor, recreational
boating, fishing, water sports, and ecological enrichment;
WHEREAS, the City has a very active boating community that enjoys a long history
of nautical racing and competition that includes sailboat racing, human powered boat
racing, and the associated training and practice activities that generally accompany such
events;
WHEREAS, the City's adopted vessel speed limits do not allow for nautical races
that exceed the posted speed limit of five (5) nautical miles per hour;
WHEREAS, the City desires to provide flexibility and consistency to vessel Speed
limits to be reflective of current practices, while ensuring a balanced approach to other
uses in Newport Harbor; and 4vp
WHEREAS, the City filed a copy of this ordinance with the California Department of
Boating and Waterways prior to its adoption and at least thirty (30) days prior to its
effective date, as required by California Harbor and Navigations Code Section 660(a).
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ordain, as follows: V
Section 1: Subsection 17.01.030(R)(1) of Chapter 17.01 is hereby amended to
read as follows:
1. Vessel. The term "vessel" shall mean and include every description of
watercraft used or capable of being used as a means of transportation on
water. This includes all vessels of any size home -ported, launched/retrieved,
or visiting in Newport Harbor, arriving by water or land, and registered or
unregistered under State or Federal requirements, except a seaplane on the
water.
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a. Human Powered Vessel. The term "human powered vessel" shall mean a
vessel that is being propelled by the human body through the use of oars,
paddles, or the like and without the use of wind, a motor, or other machinery.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel
that is being propelled by the wind through the use of sails and without the
use of a motor or other machinery.
Section 2: Subsection 17.20.020(A) of Chapter 17.20 is hereby amended to
read as follows:
A. Speed Limit. No owner, operator or person in command of any vessel,
except a public officer or employee in the performance of his or her duty,
shall operate the same or permit the same to be Operated in any portion of
Newport Harbor or the water in the present or prior channel of the Santa Ana
River within the City at a rate of speed in excess of five nautical miles per
hour, or at any speed which creates a wake that may cause damage to
moorings of vessels or floating structures, except as hereinafter provided.
Section 3: Section 17.20.070 is added to Chapter 17.20 to read as follows:
97.20.070 Vessel Races. 0110
A. The Harbormaster may issue a permit to a person, as defined in
Code Chapter 17.01, or any successor chapter, that would allow individuals
operating a human powered vessel, wind powered vessel, or vessel
providing support services to a human or wind powered vessel as part of the
person's special event (e.g., race) or organized practice to exceed the speed
limit provided in Code Subsection 17.20.020(A), or any successor
subsection. Notwithstanding the foregoing, no person shall operate any
vessel in an unsafe, uncontrolled, or un -seamanlike manner, and in no event
at a speed that endangers the safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be
associated with a single event or multiple events; however, no permit shall
be valid for more than six (6) months from the date of issuance.
C. Permits issued under this section are non-transferrable and shall be
in addition to any license, permit or fee required under this Code or any
other provision of law.
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D. The Harbormaster may impose conditions on a permit to protect
persons and property and to assure that the activity allowed under the
permit will not create a nuisance or interfere with the reasonable use of
Newport Harbor by other vessels or persons. At a minimum, every permit
issued under this section shall be conditioned to require permittees to: (1)
obtain, provide, and maintain at their own expense, for the full period of time
for which the permit is granted, policies of insurance with such limits and
coverage as established by the City Risk Manager that clearly identify the
activity and vessel(s) covered; (2) indemnify, defend and hold harmless the
City, County of Orange, and the State of California for all liability, injury or
damage that relates to or arises from permittee's event/activity,- and (3)
otherwise comply with this Code, California Harbors and Navigation Code,
and the Federal Inland Navigation Rules.
E. Any permit issued under this section may be immediately revoked at
any time, without notice, by the Harbormaster, if: (1) the permittee fails to
comply with the conditions contained within the permit; (2) an individual
participating in the permittee's special event or organized practice operates
a vessel in an unsafe, uncontrolled, or un -seamanlike manner or at a speed
that endangers persons or property, or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful
instructions of the Harbormaster, or any other person authorized by the City
to enforce rules and regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be
appealed pursuant to Code Chapter 17.65, or any successor chapter.
Section 4: Section 17.55.010 of Chapter 17.55 is hereby amended to read as
follows:
17.65.010 Authorization.
A. Decisions of the Public Works Director and/or Harbormaster resulting
from his or her administration of this Code may be appealed to the Harbor
Commission by any interested person.
B_ Decisions of the Harbormaster resulting from his or her administration
of this Code may be appealed to the Harbor Commission by any interested
person.
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C. A member of the Harbor Commission, acting in their official capacity,
may call for review, to the Harbor Commission, decisions of the Public
Works Director and/or Harbormaster resulting from the Manager's
administration of this Code.
D. A member of the Harbor Commission, acting in their official capacity,
may call for review, to the Harbor Commission, decisions resulting from the
Harbor Resources Manager or Harbormaster's administration of this Code.
The purpose of the call for review is to bring the matter in front of the entire
body for review.
E. A member of the City Council, acting in their official capacity, may call
for review, to the City Council, decisions of the Harbor Commission. The
purpose of the call for review is to bring the matter in front of the entire body
for review. (I
Section 5: Except as specifically amended in this ordinance, all other
sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall
remain unchanged and in effect.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 8: The City Council finds the approval of this ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
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Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 9th day of October, 2018, and adopted on the 23,d day of
October, 2018, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
■ r.
MARSHAL "DUFFY" DUFFIELD, MAYOR
APPROVED AS TO FORM:
THE CIT RNEY'S OFFICE
AARON , CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK