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HomeMy WebLinkAbout04 - Amending the Newport Municipal Code Title 17, Pertaining to Vessel Speed LimitsTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 27, 2018 Agenda Item No. 4 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Carol Jacobs, Assistant City Manager, cjacobs@newportbeachca.gov PHONE: 949-644-3313 TITLE: Ordinance No. 2018-18 — Amending the Newport Municipal Code Title 17, Pertaining to Vessel Speed Limits ABSTRACT: At the May 8, 2018 City Council meeting, the City Council authorized staff to move forward with proposed exceptions to the harbor speed limit within City tidelands to the State of California for review and comment. Staff contacted the State and received no comments. Staff is now requesting an amendment to Title 17 to allow for exceptions to the speed limit in certain circumstances. On October 9 and 23, 2018, the City Council approved this ordinance. Due to a clerical error, the City Council voted on November 13, 2018 to reconsider this ordinance to correct the issue. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Introduce Ordinance No. 2018-18, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Title 17, Pertaining to Vessel Speed Limits, and pass on to second reading on December 11, 2018. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 4-1 Ordinance No. 2018-18 — Amending the Newport Municipal Code Title 17, Pertaining to Speed Limits November 27, 2018 Page 2 DISCUSSION: When the City Council considered this item in October, a portion of the appeals process was inadvertently dropped from the Municipal Code. Because Ordinance No. 2018-18 deals with speed limits, rather than include the appeals process of Section 17.65.010 in this ordinance, the appeals process is now included in Ordinance No. 2018-17, which relates to the Harbor Department organizational changes. Ordinance No. 2018-17 is proposed for first reading concurrently with Ordinance No. 2018-18. To include the appeals process in both ordinances is redundant. In addition, the version of Ordinance No. 2018-18 under consideration in this report includes one revision not included when the City Council considered this item in October. Specifically, the proposed ordinance makes it clear that the definition of "Vessel" includes both human powered vessels and wind powered vessels. All other changes, described in the following paragraphs, are what the City Council considered in October. Amending the Newport Beach Municipal Code to allow exceptions to the speed limit for certain events has been a goal of the Harbor Commission since 2008. At that time, significant public input was received in support of such a change, and the Harbor Commission has kept this as a goal for many years. Attachment A is the proposed Ordinance and Attachment B is the redline version. The intent of the exceptions is to allow human powered craft or wind powered vessels to travel at speeds above five nautical miles per hour over City tidelands under certain conditions such as races and practices via a City issued permit. In addition, support vessels during these events would also be permitted to ravel in excess of the speed limit. However, no vessels may operate in an uncontrolled, un -seamanlike manner or at a speed that endangers the safety of persons or property. The County of Orange and the Orange County Sheriff's Department were consulted during this process, and agreed with this concept. However, the County would retain its speed limit rules (five miles per hour) over County tidelands. At the May 8, 2018, the City's Harbor Commission recommended to the City Council to amend the Municipal Code relating to speed limits in the harbor having exceptions for human or wind powered vessels for events such as sailing regattas, races and practices as well as exceptions for support vessels to those human or wind powered vessels during those events. The City Council authorized staff to proceed with the necessary approvals and return to the City Council for final consideration of the change to the Municipal Code. The State Parks Division of Boating and Waterways must be consulted prior to any change in the City's Municipal Code. The City sent a letter to the State Division of Boating and Waterways on June 28, 2018 to receive their input and comments (Attachment C). As of this date no comments have been received. The California Harbors and Navigation Code 660 (a) includes "...any measure relating to boats or vessels adopted by ay governmental entity other than the department shall be submitted to the department prior to adoption at least 30 days prior to the effective date thereof."(Attachment D). 4-2 Ordinance No. 2018-18 — Amending the Newport Municipal Code Title 17, Pertaining to Speed Limits November 27, 2018 Page 3 Should the City Council approve the ordinance, staff will develop a permit for harbor users to complete prior to the event. It is anticipated that one permit will be valid for all events by a group for a six-month period. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Ordinance No. 2018-18 Clean Version Attachment B — Ordinance No. 2018-18 Redline Version Attachment C — Letter to State Division of Boating and Waterways Attachment D — California Harbor and Navigation Code Section 660 4-3 ATTACHMENT A 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; WHEREAS, Ordinance No. 2018-18 was introduced at a regular meeting of the City Council of the City of Newport Beach (the "City Council") held on October 9, 2018 and adopted by the City Council at a regular meeting held on October 23, 2018 by a vote of 4-0 (with Mayor Marshall "Duffy" Duffield and Council Member Scott Peotter recusing themselves and Mayor Pro Tem Will O'Neill being absent); WHEREAS, at a regular meeting held on November 13, 2018, by motion duly made by Council Member Brad Avery and seconded by Council Member Kevin Muldoon, this City Council voted to reconsider Ordinance No. 2018-18, which motion was passed by a vote of 5-0 (with Mayor Marshall "Duffy" Duffield and Council Member Scott Peotter recusing themselves); and 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 - HE Ordinance No. 2018-18 Page 2of5 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. "Vessel" shall also mean and include human powered vessels and wind powered vessels. 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: 17.20.070 Vessel Races. 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 4-5 Ordinance No. 2018-18 Page 3 of 5 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. 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 eventlactivity; 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: 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. sm Ordinance No. 2018-18 Page 4 of 5 Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: 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 7: 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. Section 8: 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 day of , 2018, and adopted on the day of , 201_, by the following vote, to wit: AYES: COUNCILMEMBERS NAYS: COUNCILMEMBERS RECUSED: COUNCILMEMBERS ABSENT: COUNCILMEMBERS MARSHALL "DUFFY" DUFFIELD, MAYOR 4-7 Ordinance No. 2018-18 Page 5of5 ATTEST: LEILANI 1. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE AARO y ARP, CITY ATTORNEY ATTACHMENT B 17.01.030 Definition of Terms. H. Harbermaster.- - Commander R. Definitions: V. 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. "Vessel" shall also mean and include human powered vessels and wind powered vessels. 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 machiner .. 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 machinerv. 17.20.020 Vessel Operation. 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. 17.20.070 Vessel Races. 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.q., 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. 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 Naviaation 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 anv other Derson authorized by the Citv 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. 4-10 June 28, 2018 California State Parks Division of Boating and Waterways One Capital Mall, STE 500 Sacramento, CA 95814 To Whom It May Concern, ATTACHMENT C CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/HarborResources Pursuant to California Harbors and Navigations Code, Section 660(a), I am enclosing for your review a proposed revision to the Newport Beach Municipal Code pertaining to vessel speed in Newport Harbor. The City's Harbor Commission, Public Works and City Attorney's Office have carefully studied this program, and we are confident the details and permit conditions herein adequately protect the City while still providing a safe environment for the target audience and the general users of Newport Harbor. Please feel free to contact me if you have any additional questions. Respectfully, Chris Miller Harbor Resources Manager cmiller newportbeachca.gov (949) 644-3043 Enclosures: Proposed Newport Beach Municipal Code Amendments (Redline) Proposed Newport Beach Municipal Code Amendments (Clean) Attachment A 17.01.030 Definition of Terms. H. Definitions: H. 4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Orange NewpCounty - Sher Harbor Patrol/MarineOp��� Harbormaster of the City of ort Beach, or his or her designee, Or S, GGess„r entit R. Definitions: V. 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. a. Human Powered Vessel. The term "human Dowered 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 machinerv. 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. 17.20.020 Vessel Operation. 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. 17.20.070 Vessel Races. 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. 4-12 C. Permits issued under this section are non-transferrable and shall be in addition to anv license. Dermit or fee reauired under this Code or anv other provision of law. 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 vessels, 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) comDly with this Code. California Harbors and Naviaation 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. 17.65.010 Authorization. A. Decisions of the Harbor Resources Manager resulting from the Manag ,his or her administration of this Code may be appealed to the Harbor Commission by any interested person. B. Decisions of the Harbormaster resultina from his or her administration of this Code may be appealed to the Harbor Commission by any interested person. BC. Decisions of the Harbor Commission may be appealed to the City Council by any interested person. SD. A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions of the Harbor Resources Manager 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. 4-13 DE. 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 brina the matter in front of the entire bodv for review. 4-14 Attachment B 17.01.030 Definition of Terms. H. Definitions: H. 4. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of the City of Newport Beach, or his or her designee. R. Definitions: V. 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. 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. 17.20.020 Vessel Operation. 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. 17.20.070 Vessel Races. 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. 4-15 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. 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) 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. 17.65.010 Authorization. A. Decisions of the Harbor Resources Manager 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. C. Decisions of the Harbor Commission may be appealed to the City Council by any interested person. D. A member of the Harbor Commission, acting in their official capacity, may call for review, to the Harbor Commission, decisions of the Harbor Resources Manager 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. 4-16 5/8/2018 » California Harbors and Navigation Code 660 — (a) Any ordinance, law, regulation, or rule relating to vessels, ...LawServer ATTACHMENT D LawSERY Are you an attorney? Add your profile LOG IN SIGN UP Legal Topics Research Laws Find a Lawyer Legal O &A Custom Search California Codes > Harbors and Navigation Code > Division 3 > Chapter 5 > Arri-l- 1 > § 660 O California Harbors and Navigation Code 660 - (a) Any ordinance, law, regulation, or rule relating to vessels, Current as of: 2016 1 Check for updates I Other versions (a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted pursuant to provisions of law other than this chapter by any entity other than the department, including, but not limited to, any county, city, port authority, district, or any state agency other than the department, shall, notwithstanding any other provision of law, pertain only to time -of -day restrictions, speed zones, special -use areas, and sanitation and pollution control, and the measure shall not conflict with this chapter or the regulations adopted by the department. Except as provided in subdivision (c), any measure relating to boats or vessels adopted by any governmental entity other than the department shall be submitted to the department prior to adoption and at least 30 days prior to the effective date thereof. (b) The department may make special rules and regulations governing the use of boats or vessels on any body of water within the territorial limits of two or more counties, cities, or other political subdivisions if no special rules or regulations exist or if the department determines that the local laws regulating the use of boats or vessels on that body of water are not uniform and that uniformity is practicable and necessary. https://www.lawserver.com/law/state/california/codes/california_harbors_navigation_code_660 1/5 4-17 5/8/2018 » California Harbors and Navigation Code 660 — (a) Any ordinance, law, regulation, or rule relating to vessels, ...LawServer Terms Used In California Harbors and Navigation Code 660 city: includes city and county. See California Harbors and Navigation Code 15 county: includes city and county. See California Harbors and Navigation Code 14 department: means the Department of Boating and Waterways. See California Harbors and Navigation Code 651 jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. state: means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. See California Harbors and Navigation Code 651 (c) (1) Any entity, including, but not limited to, any county, city, port authority, district, or state agency, otherwise authorized by law to adopt measures governing the use and equipment, and matters relating thereto, of boats or vessels, may adopt emergency rules and regulations that are not in conflict with the general laws of the state relating to boats and vessels using any waters within the jurisdiction of the entity if those emergency rules and regulations are required to ensure the safety of persons and property because of disaster or other public calamity. (2) The emergency rules and regulations adopted under paragraph (1) shall become effective immediately upon adoption and may remain in effect for not to exceed 60 days thereafter. The emergency rules and regulations shall be submitted to the department on or before their adoption. (3) After submission of emergency rules and regulations adopted pursuant to paragraph (1) to the department, the department may authorize the adopting entity to make the emergency rules and regulations effective for the period of time greater than 60 days that is necessary in view of the disaster or circumstances. (Amended by Stats. 2004, Ch. 501, Sec. 1. Effective January 1, 2005) Article 1 Contents Previous section Ask a question Subject Ouestion Next section https://www.lawserver.com/law/state/california/codes/california_harbors_navigation_code_660 2/5 4-18