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HomeMy WebLinkAbout04 - Regulations, Administration & Construction in Newport Harborr�L ITEM 3 TO: Mayor and Members of the City Council FROM: Harbor Commission Lf SUBJECT: Amendments to Title 17 of the Newport Beach Municipal Code dell with Harbor Regulations, Administration and Construction in Newport Harbor RECOMMENDED ACTION: Approve amendments to Title 17 of the City of Newport Beach Municipal Code and pass to second reading and adoption at the City Council's next regularly scheduled meeting. BACKGROUND: At the Council Meeting of April 23, 2002, the City Council approved the following list of tasks for the Harbor Commission: • 1. Advise the City Council in all matters pertaining to the use, control, operation, promotion, and regulation of all vessels and watercraft within the Newport Harbor; 2. Approve, conditionally approve, or disapprove applications on all harbor permits where the City's Municipal Code assigns authority to the Harbor Commission; 3. Serve as an appellate and reviewing body for decisions of the City Manager on harbor permits, leases, and other harbor - related administrative matters where the City's Municipal Code assigns authority to the Harbor Commission; 4. Advise the City Council on proposed harbor - related improvements; 5. Advise the Planning Commission and City Council on land use and property development applications referred to the Harbor Commission by the City Council, Planning Commission, or City Manager; and 6. Make recommendations to the City Council for the adoption of regulations and programs necessary for the ongoing implementation of the goals, objectives, and policies of the Harbor and Bay Element of the General Plan. Some of those tasks and projects require amendments to Title 17 of the Municipal Code. At the Harbor Commission's first meeting it was decided that review of the Municipal Code would be the Commissions first order of business and considered at their meeting of May 29. . The necessary amendments were reviewed and approved by the Harbor Commission at their meeting on May 29, 2002. Many of the changes were of a housekeeping nature while some were necessary to authorize the Harbor Commission to begin the above task lists. Title 17 of the Newport Beach Municipal Code is attached. Items stricken have been lined through and • those added have been underlined. Those changes especially of substantive nature are summarized below: Section 17.04.120 The Joint Harbor Committee was a County of Orange Committee disbanded in the mid 1980s. It is recommended that this section be removed. Section 17.08.030 In the past the Joint Harbor Committee made recommendations on the establishment of all of the critical lines within the harbor. It is recommended that this become the Harbor Commission's responsibility. Section 17.12.030 Ski Zone regulations. There is no longer a ski zone in the harbor. It is recommended that this section be removed. Section 17.12.040 Speed Zone regulations (A) and (B). These code sections were in place to facilitate motor boat races in the lower harbor. It is presumed that motor boat races will not be permitted in the harbor again. As a result it is recommended that these section be removed. Section 17.16.050 Motorboat racing. See 17.12.040 above. Section 17.22.090 A mooring permit could be revoked by the City Council if the mooring or buoy fell into a state of disrepair or the vessel assigned to the mooring was determined to be inoperable or unseaworthy. The Harbor Commission recommends that these become grounds for cancellation of the mooring permit by the Harbor Resources Director with right of appeal to the Harbor Commission and Council call for review. Section 17.22.100 A mooring permit may be cancelled if the mooring or buoy is not maintained, the vessel assigned to the mooring becomes inoperable or unseaworthy or person or persons are living aboard the vessel assigned to the mooring without a liveaboard permit. Section 17.23.080 Procedure for cancellation of a liveaboard permit on an offshore mooring. The Commission recommends that the Harbor Resources Director initiate cancellation and the Commission will hear all appeals (along with Council ability to call for review). • Section 17.24.050 Processing of applications. The Commission recommends that a Harbor Permit may be denied by the Harbor Resources Director and may be appealed to the Harbor Commission (with Council call for review). • • Section 17.24.060 Aligns appeals procedures with that of the Planning Commission. Section 17.32.070 This section would require uniform sign standards and specifications for the design and general location of signage on the waters of Newport Bay prescribed by the Harbor Commission. Section 17.36.030 Permits for the installation and operation of live bait receivers will be issued by the Harbor Commission. Section 17.36.080 The Harbor Commission may revoke the permit for a live bait receiver. Section 17.40.050 Applications for a houseboat marina must be submitted to the Harbor Commission. Section 17.40.060 The Harbor Commission may grant a permit for a houseboat marina. Section 17.40.070 The Harbor Commission may revoke a houseboat marina permit. • Section 17.41.030 Application for commercial activities on the waters of Newport Harbor. The Harbor Commission shall decide what information shall be required on the application for these permits. Section 17.41.050 The Harbor Resource Director shall if he deems it necessary, submit the application for commercial activities permits to the Harbor Commission for their review and recommendation. Section 17.41.095 Appeals by an applicant as a result of denial by Harbor Resources Director will be heard first by Harbor Commission (with Council call for review). Section 17.41.100 Transfers of an existing commercial activities permit would require the approval of the Harbor Commission rather than City Council. Section 17.42 This new chapter aligns the appellate procedures in Title 17 with those of the Planning Commission (in Title 20). Allows for Council call -up of certain Harbor Commission decisions. • Attachment: Title 17 as proposed to be amended. ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 17 OF THE • NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO ANCHORAGE AND MOORING REGULATIONS. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: Title 17 HARBOR ANCHORAGE AND MOORING REGULATIONS* Chapters: 17.ED Editor's note to Title 17 17.04 DEFINITIONS 17.08 GENERAL PROVISIONS* 17.12 SPECIAL -USE AREA 17.16 VESSEL OPERATION 17.18 TRESPASS OR INJURY TO VESSEL 17.20 DOCKING AND MOORAGE* 17.22 ANCHORAGE AND MOORING REGULATIONS 17.23 RESTRICTIONS ON PERSONS LIVING ABOARD VESSELS IN NEWPORT HARBOR 17.24 STRUCTURES IN HARBOR* 17.28 PIERS* 17.30 INSTALLATION OF PUMPOUT STATIONS BY CERTAIN COMMERCIAL USERS OF NEWPORT BAY 17.32 WASTE AND REFUSE - -SMALL VESSEL MOORAGE* • 17.33 PIER FEES* 17.36 LIVE BAIT* 17.40 HOUSEBOATS 17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR* 17.42 APPEALS Chapter 17.ED Editor's note to Title 17 Sections: 17.ED.010 Editor's note to Title 17. Section 17.ED.010 Editor's note to Title 17. " Swimming regulations -- See Chapter 11.12. Surfing regulations — See Chapter 11.16. Chapter 17.04 DEFINITIONS Sections: 17.04.010 Effect of Chapter. 17.04.020 Anchorage Area. 17.04.030 Board. 17.04.035 Building Official. 17.04.040 City. 17.04.050 City Council. 17 .04.055 Marine Direet8_ • 17.04.060 City Manager. 17.04.070 17.04.080 17.04.090 • 17.04.100 17.04.115 17.04.120 17.04.120 17.04.130 17.04.140 17.04.150 17.04.160 17.04.170 17.04.180 17.04.190 17.04.200 Director. District. Fire Chief. Harbor Commission. Harbor Resources Director Harbormaster. v• nt Ha Fber Committee. Mooring. Motorboat. Newport Harbor, Bay. Pier. Police Chief. Turning Basin. Vessel. Waters of Newport Harbor. Section 17.04.010 Effect of Chapter. For the purposes of this title, the words and phrases herein defined shall, unless the context clearly indicates otherwise, have the meanings herein set forth in this chapter. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.020 Anchorage Area. The term "anchorage area" shall mean any portion of Newport Harbor which has been so designated pursuant to law, and approved by the Federal Government. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.030 Board. The term "Board" shall mean the Board of Supervisors of the County of Orange as the governing body of the Orange County Harbor District. (Ord. 1602 § 3 (part), 1975: Ord. 1090 • (part), 1964: 1949 Code § 10100 (part)) Section 17.04.035 Building Official. The term "Building Official" shall mean the Building Official of the City of Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 1, 1968) Section 17.04.040 City. The term "City" shall mean City of Newport Beach. -(Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))Code § 10100 (part)) Section 17.04.050 City Council. The term "City Council" shall mean the City Council of the City of Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.055 Harbor Resources Director Marine D*reete . The term "Harbor Resources Director" ' Marine � eO' shall mean the Harbor Resources Director Marine DireeteF Of the City of Newport. (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 2, 1968) Section 17.04.060 City Manager. The term "City Manager" shall mean the City Manager of the City of Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.070 Director. The term "Director" shall mean the Director of the Harbors and Beaches of the district. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.080 District. The term "District" shall mean the Orange County Harbor District. (Ord. 1602 § 3 (part), • 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))(part)) Section 17.04.090 Fire Chief. The term "Fire Chief' shall mean the Fire Chief of the City of Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.100 Harbor Commission. The term "Harbor Commission" shall mean the Harbor Commission of the City of Newport Beach (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.115 Harbor Resources Director. The tens "Harbor Resources Director" shall mean the Harbor Resources Director of the City of Newport. Section 17.04.120 Harbormaster The term "Harbormaster" shall mean commander of the Orange County Sheriffs Harbor Patrol Division. Sectuen 17.04.120 jeont Harbor The teFm "joint HaFber Gemmittee" shall mean the committee eensisting ef these . Section 17.04.130 Mooring. The term "mooring" shall mean any appliance used to secure a vessel in Newport Harbor, other than a pier, which is not carried aboard such vessel as regular equipment when underway, (Ord. 1602 § 3 (part); 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.140 Motorboat. The term "motorboat" shall mean any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.150 Newport Harbor, Bay. The terms "Newport Harbor" and "Newport Bay" shall be deemed coextensive, and the terms shall be deemed interchangeable. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.160 Pier. The term "pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, any other landing facility, and floating dry docks. (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 3, 1968: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))(part), 1964: 1949 Code § 10100 (part))(part))10100 (part)) Section 17.04.170 Police Chief. The tens "Police Chief' shall mean the Chief of Police of the City of Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 4, 1968: Ord. 1090 (part), 1964: 1949 Code § (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 4,1968: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.180 Turning Basin. The term "Turning Basin" shall mean that portion of any channel which has been so designated pursuant to law and approved by the Federal Government, for the purpose of permitting vessels to turn around or permitting their course or direction to be altered therein. (Ord. 1602 § 3 (pan`.), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) • • Section 17.04.190. 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, except the following: A. A seaplane on the water. B. A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a is mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) Section 17.04.200 Waters of Newport Harbor. The phrase "waters of Newport Harbor' shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under the tidal water are privately or publicly owned. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part)) • Section 17.08.00E Editor's note for Chapter 17.08. *Signs on watercraft for hire -- See Chapter 5.04. Driving, riding or parking on beach prohibited -- See Chapter 12.08. Section 17.08.010 Administrative Authority. The responsibility for the administration of the provisions of this title is delegated to the City Manager, or officers or employees of a department or departments of the City designated by him; provided, however, that some or all of the duties necessary to be performed in the administration may be performed by the Director or his deputies or assistants pursuant to a contract providing therefore between the City and the County of Orange or the district. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10101) Section 17.08.020 Duties of the City Manager. It shall be the duty of the City Manager: A. To carry out the orders of the City Council and to enforce all harbor regulations and ordinances. B. To order any vessel improperly anchored, moored or berthed in any area outside the jurisdiction of the district to change its position to such a one as he may designate, and in case his orders are not complied with, or the vessel is unattended, to cause such vessel to be so moved, and to collect the cost thereof from the vessel, or owner thereof. C. To promptly report to the appropriate Federal agency any violation of the laws of the United States for the protection of navigation and the preservation of navigable waters, particularly any encroachment on the waterway by the building of illegal structures, illegal filling or dumping of material of any sort into the waterway, or throwing overboard or setting adrift or allowing to be set adrift anything that is or might become obstructive or dangerous to navigation. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10103) • Section 17.08.025 Duties of the Harbor Resources Director It shall be the duty of the Harbor Resources Director MaFffifie DiFeete : Chapter 17.08 GENERAL PROVISIONS" Sections: 17.08.00E Editor's note for Chapter 17.08. 17.08.010 Administrative Authority. 17.08.020 Duties of the City Manager. 17.08.025 Duties of the MaFine Harbor Resources Director. 17.08.030 Establishment of Channels, Turning Basins, etc. 17.08.040 Abandoned Vessels and Property. 17.08.050 Landing of Aircraft. 17.08.060 Loading or Unloading Explosives. 17.08.070 Unattended Vessels- -Prima Facie Evidence. 17.08.080 Procedure for Notice. • Section 17.08.00E Editor's note for Chapter 17.08. *Signs on watercraft for hire -- See Chapter 5.04. Driving, riding or parking on beach prohibited -- See Chapter 12.08. Section 17.08.010 Administrative Authority. The responsibility for the administration of the provisions of this title is delegated to the City Manager, or officers or employees of a department or departments of the City designated by him; provided, however, that some or all of the duties necessary to be performed in the administration may be performed by the Director or his deputies or assistants pursuant to a contract providing therefore between the City and the County of Orange or the district. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10101) Section 17.08.020 Duties of the City Manager. It shall be the duty of the City Manager: A. To carry out the orders of the City Council and to enforce all harbor regulations and ordinances. B. To order any vessel improperly anchored, moored or berthed in any area outside the jurisdiction of the district to change its position to such a one as he may designate, and in case his orders are not complied with, or the vessel is unattended, to cause such vessel to be so moved, and to collect the cost thereof from the vessel, or owner thereof. C. To promptly report to the appropriate Federal agency any violation of the laws of the United States for the protection of navigation and the preservation of navigable waters, particularly any encroachment on the waterway by the building of illegal structures, illegal filling or dumping of material of any sort into the waterway, or throwing overboard or setting adrift or allowing to be set adrift anything that is or might become obstructive or dangerous to navigation. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10103) • Section 17.08.025 Duties of the Harbor Resources Director It shall be the duty of the Harbor Resources Director MaFffifie DiFeete : A. To act for and assist the City Manager in administering the provisions of this title, coordinating with appropriate department directors for services falling within their respective functions as defined in Title 2 of this Code, and coordinating as required with other governmental agencies and with interested civic associations. • B. To administer the harbor permit policies adopted by the City Council, maintaining files and records of all pier permits issued, and to recommend to the City Manager appropriate changes and modifications to harbor permit policies. C. To conduct regular inspections of both public and private facilities and structures located upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, and to recommend action to the City Manager to ensure compliance with this title. (Ord. 1602 § 4 (part), 1975: Ord. 1286 § 5. 1968) Section 17.08.030 Establishment of Channels, Turning Basins, etc. All channels, turning basins, anchorage areas, and pierhead and bulkhead lines in Newport Harbor shall be as established by the Federal Government or by the City Council upon recommendation of the deint Harbor Commission Committee. A map thereof shall be kept on file in the offices of the City Clerk and the Public Works Director for public inspection. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10 102) Section 17.08.040 Abandoned Vessels and Property. All stray vessels, skiffs, rowboats, dinghies, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately delivered up to the Harbor Resources Director Feliee— Ghie€. Any such property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, et seq., of the California Harbors and Navigation Code, as the same now read or may hereafter be amended. Proceeds of any sale of such property shall be deposited in the general fund of the City or, if provided by contract with the district, shall be paid to the County Treasurer for the district. (Ord. 1602 § 4 (part), 1975: Ord. 1286 § 6, 1968: Ord. 1090 (part), 1964: 1949 Code § 10104) • Section 17.08.050 Landing of Aircraft. No person shall land or take off from the waters of Newport Harbor with any aircraft without first obtaining a permit from the City Council. Such permit may be issued if the City Council determines that under the circumstances the proposed landing or take off will not create a hazard to life or property. In granting such permit, the City Council may impose such conditions on the exercise thereof as it deems appropriate. (Ord. 1602 § 4 (part), 1975: Ord. 1314 § 1, 1969: Ord. 1090 (part), 1964: 1949 Code § 10208) Section 17.08.060 Loading or Unloading Explosives. No person shall load or unload gunpowder, giant powder, dynamite or any other explosive to or from any vessel from or upon any pier or other vessel in Newport Harbor without first obtaining a permit so to do from the Fire Chief, and paying therefore a fee of twenty -five dollars ($25.00), and otherwise complying with all the rules and regulations governing the loading and unloading of explosives. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code §10302) Section 17.08.070 Unattended Vessels- -Prima Facie Evidence. In any prosecution against the registered owner of a vessel or boat charging a violation of any regulation governing the mooring, abandonment, placing or allowing vessels or boats upon the shoreline of the Pacific Ocean or on the shoreline of Newport Harbor, anchoring or tieing up of said vessels or boats under Title 17 of the Newport Beach Municipal Code, proof by the people of the State of California that the particular vessel or boat described in the complaint was found in violation of any provision of Title 17 of the Newport Beach Municipal Code, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of the vessel or boat shall constitute prima facie evidence that the registered owner of the vessel or boat was the person who caused or permitted the violation to . occur. But for the purposes of this subdivision, proof that a person is the registered owner of a vessel or boat is not prima facie evidence that the registered owner has violated any other provision of law. Proof of a written lease of, or rental agreement for, a particular vessel or boat • described in the complaint, on the date and time of such violation, which lease or rental agreement includes the name and address of the person to whom the vessel or boat is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who violated the ordinance in question. The provisions of this section shall apply only when the procedure required by Section 17.08.080 is complied with. Any charge under this Section shall be dismissed when the person charged has made a bona fide sale or transfer of the vessel or boat and has delivered possession thereof to the purchaser and has complied with the requirements of the California Vehicle Code regarding transfer of registration of a vessel or boat. (Ord. 1641 § 1, 1975) Section 17.08.080 Procedure for Notice. The method of giving notice for the purposes of the provisions of Section 17.08.070 is as follows: 1. During the time of the violation, a notice thereof shall be securely attached to the vessel or boat setting forth the violation including reference to the section of this Code so violated, the approximate time thereof and the location where such violation occurred and fixing a time and place for appearance by the registered owner to answer such notice. Such notice shall be attached to the vessel or boat in a conspicuous place as to be easily observed by the person in charge thereof upon his return thereto. 2. Before any warrant of arrest shall issue following the filing of a complaint charging such a violation, a notice of the violation shall be given to the person so charged. Such notice shall contain the information required in paragraph (1) above and shall also inform such registered owner that unless he appears in the court to be designated in such notice within ten days after service of said notice and answers such charges, or completes and files an affidavit of nonownership, a warrant or citation to appear will be issued against him. Such notice shall • contain or be accompanied by an affidavit of nonownership. In addition to any other required information, such notice shall also provide information as to what constitutes nonownership, information as to the effect of executing such affidavit, and instructions for mailing or returning the affidavit to the court. Upon receipt of evidence satisfactory to the court that the person charged with a violation under Title 17 of this Code has made a bona fide sale or transfer of the vessel or boat and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the court shall obtain verification from the Department of Motor Vehicles that the person charged has complied with the requirements of the Vehicle Code, and, if the person has so complied, the charges shall be dismissed. Such notice shall be given, either by personal delivery thereof to such owner or by deposit in the United States Mail of an envelope with postage prepaid which envelope shall contain such notice and shall be addressed to such owner at his last known address as shown by the records of the Department of Motor Vehicles. The giving of notice by personal delivery is completed upon delivery of a copy of such notice to such person. The giving of notice by mail is completed upon the expiration of ten days after the deposit of such notice. Proof of giving notice may be made by certificate of any police officer or affidavit of any person over the age of eighteen (18) years naming the person whom such notice was given and specifying the time, place and manner of the giving thereof. (Ord. 1641 § 2, 1975) Chapter 17.12 SPECIAL -USE AREA Sections: 17.12.010 Designation of Special -Use Area. 17.12.020 Use Restrictions. 17.42.030 Ski Zene-Regulaffefts-. • 17.12.040 Speed Zen-,14eguhitions-. G 17.12.050 Bay Island Channel. 17.12.060 Grand Canal Channel Closure. Section 17.12.010 Designation of Special -Use Area. For the purposes of this title, the area described in this chapter is hereby designated as a special -use area, and only those uses which are set forth by resolution of the City Council shall be permitted in the area at designated times, and only in the zones specified. That portion of Newport Harbor lying northerly of a line and its prolongations between Stations 109 and 110 on the line of ordinary high tide, as established in Orange County Superior Court Decree No. 20436, dated May 6, 1926, and recorded in the Orange County Recorders Office in Book of Deeds, 651, Page 72. (Ord. 1090 (part), 1964: 1949 Code § 10600(a)) Section 17.12.020 Use Restrictions. Within the special -use area it shall be unlawful: A. For any person except a public officer in the performance of his duty to operate a motorboat or vessel at a 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 that such speeds shall be permitted in such zones and during such hours as may be designated by resolution of the City Council. The speed zone areas and hours shall be posted by the district. B. For any person operating a vessel to tow any object, structure or vessel at a distance in excess of seventy -five (75) feet astern of the towing vessel. C. For any person to engage in swimming or wading for the purpose of recreation except in zones which may be designated as swimming zones by resolution of the City Council or Board for water areas adjoining frontage areas maintained under authority of the respective legislative body, the limits of which zones shall be posted by appropriate signs or markings. D. For any person to operate a hydrofoil craft in excess of five nautical miles per hour. E. For any person to operate a motorboat in areas closed to navigation and so posted, except a public officer in the performance of his duty. (Ord. 1090 (part), 1964: 1949 Code § 10600(b)) shall ..l.... d.J. — afea� •ta L „�e�,� theFein OF theFeen any Yessel ethef than a MeteFbeat eighteen (18) feet eF less in length and eF te tew any de i . n using any deviee, ethe., than single eF deuble wateF Skis IN 9 • • F. FOF the ebserver in a meleFbeat whose skier has fallen te fail te measuFing net less than eFie feet in width and height, te a height of at least twe feet abeve the Section 17.12.040 Speed Zone Regulations. In zones designated by the City Council by resolution as speed zones within the special - use area, it shall be unlawful: eperate of cause to be plaeed theFeln of theFeen any vessel ether than a rneteFbeat eighteen A G. For any person to operate a motorboat in excess of the posted speed, except a public officer in the performance of his duty. (Ord. 1090 (part), 1964: 1949 Code § 10602) Section 17.12.050 Bay Island Channel. The channel line between Bay Island and Balboa Peninsula is designated as a special- use area. Between June 1 st and September 15th of each year, both dates inclusive, no person shall operate any motorboat into or through said channel. (Ord. 1090 (part), 1964: 1949 Code § 10603) Section 17.12.060 Grand Canal Channel Closure. The Grand Canal Channel is designated as a special use area. In addition to the restrictions imposed by Section 17.12.020 of this chapter, the Grand Canal Channel shall be closed to all vessels from, and including, June 1st through September 15th; provided, however, the closure shall not apply to vessels berthed at residential piers or moorings located along or within the Grand Canal Channel. (Ord. 86 -24 § 2, 1986) Chapter 17.16 VESSEL OPERATION Sections: 17.16.010 Speed Limit. 17.16.020 Boat Launching and Hauling. 17.16.021 Vessel or Trailer Storage on Beaches Prohibited -- Exceptions. 17.16.030 Designation of Closed Areas. 17.16.040 Air Propulsion Vessels Prohibited. 17.16.060 Restriction of Water Traffic. Section 17.16.010 Speed Limit. No owner, operator or person in command of any vessel, except a public officer in the performance of his 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. (Ord. 1090 (part), 1964: 1949 Code § 10200) Section 17.16.020 Boat Launching and Hauling. No person shall launch or remove any vessel from the waters of Newport Harbor over • any public seawall, sidewalk, street end or public property, except at locations where a regular business of launching and hauling vessels is conducted or at launching sites designated by resolution of the City Council. The following regulations shall apply to the use of boat launching sites as designated by the City Council, and any person violating any of said regulations shall be guilty of a misdemeanor: A. Said boat launching locations may be used only between the hours of eight a.m. and eight p.m., unless otherwise specified by resolution of the City Council. B. The use of motors on any vessel or watercraft being launched or recovered shall not be permitted within two hundred (200) feet of such launching sites unless otherwise specified by resolution of the City Council. C. Only hand - carried vessels or watercraft may be launched from said sites, unless otherwise specified by resolution of the City Council. D. No trailers, dollies, rollers, or other mechanical devices maybe used for purposes of launching any vessel or watercraft at said locations, or for transporting them on beaches. (Ord. 1390 § 1, 1971: Ord. 1145 (part), 1965: Ord. 1090 (part), 1965: 1949 Code § 10202) Section 17.16.021 Vessel or Trailer Storage on Beaches Prohibited -- Exceptions. No person shall store any vessel, watercraft, trailer or other similar object on any public beach in the City except as provided in subsection (A). As used in this section, the term "store" shall mean to leave or permit to remain unattended for an extended period of time and not in the possession or control of the owner or user. A. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft (related equipment) may be stored on a public beach as follows: 1. Any vessel(s), watercraft and /or related equipment owned and maintained by the City or • its subcontractors which is (are) used in conjunction with recreation programs offered by the City; 2. Any vessel(s), watercraft and /or related equipment that cannot feasibly be berthed or moored at a privately owned pier or mooring and is (are) used by a nonprofit corporation for noncommercial purposes provided a vessel storage license has been approved by the City Council. Vessel storage licenses shall be approved only if there is substantial evidence that the license would not adversely affect the health, safety or welfare of those who use, enjoy or own property near the waters of Newport Bay. Vessel storage licenses are subject to the following standard conditions as well as any additional conditions imposed by the City Council: a. The licensee shall not cause or permit any unreasonable noise that would adversely affect the use or enjoyment of public or private property in the vicinity of the vessel, watercraft or equipment, b. The licensee shall not engage in, or permit, any activity that unreasonably interferes with the use of the beach or adjoining waters by the public, c. The licensee shall not cause or permit any activity that pollutes any public or private property of the waters of Newport Bay, d. The license may be revoked by City, without cause, at any time, upon thirty (30) days' written notice to the licensee; 3. Any vessel for which a mooring permit has been issued by the City pursuant to Chapter 17.22 provided the vessel remains on the beach only to the extent necessary to load or unload. B. A license issued pursuant to this chapter is personal to the licensee and may not be transferred or assigned to any other person without the express written consent of the Newport • Beach City Council. The Newport Beach City Council may grant or withhold consent in its sole discretion. (Ord. 99 -6 § 1, 1999: Ord. 1436 § 1, 1972: Ord. 1390 § 2, 1971) • Section 17.16.030 Designation of Closed Areas. Whenever the City Manager finds that public safety so requires, he may designate any water area or tidelands or filled lands in or upon which harbor improvement work is being performed as a closed area. Except for persons actually engaged in such harbor improvement work or public officers in the performance of their duty, no person shall enter or remain within or drive or operate any vessel or watercraft into or within any area which has been so designated as a closed area and which has been posted or marked with appropriate signs giving notice thereof. (Ord. 1090 (part), 1964: 1949 Code § 10204) Section 17.16.040 Air Propulsion Vessels Prohibited. A. No person shall operate any vessel on the waters of Newport Harbor if the vessel is powered or maneuvered by means of mechanical air propulsion above the surface of the water. B. The provisions of this section do not apply to the operation of any vessel by any public agency or any person responding to an emergency on behalf of any public agency. (Ord. 90 -39 § 1, 1990: Ord. 1090 (part), 1964: 1949 Code § 10209) Section 17.46.060 Motorboat Raees Conditions. The City Geun..:l may, when it deems the eeeasien warrants, gFant n speei.-I n .nit to • • Section 17.16.060 Restriction of Water Traffic. For such time as necessary preceding, during and after any race, regatta, parade or other event held on the waters of Newport Harbor, or at any other time when the City Manager deems it necessary for the safety of persons, vessels or other property, he shall have authority to restrict or prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully fail or refuse to comply with any order, signal or direction of the City Manager, his deputies or agents. (Ord. 1090 (part), 1964:1949 Code § 10105) Chapter 17.18 TRESPASS OR INJURY TO VESSEL Sections: 17.18.010 Damage to Property. 17.18.020 Boarding Vessel Without Permission. 10 be filed the Gity Gled( 0.9 feFrr. by the Gity Atteffley befeFe sueh peffnit shall with a approved any Section 17.16.060 Restriction of Water Traffic. For such time as necessary preceding, during and after any race, regatta, parade or other event held on the waters of Newport Harbor, or at any other time when the City Manager deems it necessary for the safety of persons, vessels or other property, he shall have authority to restrict or prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully fail or refuse to comply with any order, signal or direction of the City Manager, his deputies or agents. (Ord. 1090 (part), 1964:1949 Code § 10105) Chapter 17.18 TRESPASS OR INJURY TO VESSEL Sections: 17.18.010 Damage to Property. 17.18.020 Boarding Vessel Without Permission. 10 17.18.030 Tampering With Vessel. 17.18.040 Tampering With Moorings. Section 17.18.010 Damage to Property. No person shall willfully or carelessly destroy, damage, disturb, deface or interfere with • any buoy, float, life preserver, sign, notice, navigational marking, or other similar property under the jurisdiction of the City, District, or other governmental agency. (Ord. 1090 (part), 1964: 1949 Code §10203) Section 17.18.020 Boarding Vessel Without Permission. No person shall climb into or upon any vessel moored, docked or anchored in Newport Harbor, without the consent of the owner or other person having charge thereof. (Ord. 1090 (part), 1964: 1949 Code § 10205) Section 17.18.030 Tampering With Vessel. No person shall willfully injure or tamper with, or break or remove any part of or from, any vessel in the City, or tamper with the lines securing any such vessel, without the consent of the owner or other person having charge thereof. (Ord. 1090 (part), 1964: 1949 Code § 10206) Section 17.18.040 Tampering With Moorings. No person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel. (Ord. 1090 (part), 1964: 1949 Code § 10207) Chapter 17.20 DOCKING REGULATIONS AND MOORAGE Sections: 17.20.00E Editor's note for Chapter 17.20. 17.20.010 Docking Permission Required. 17.20.020 Vessel Tie -up Method. 17.20.030 Direct Fueling Prohibited. 17.20.040 Gangway Required -- Lights. • 17.20.050 Dockside Steam Engine Spark Prevention. Section 17.20.00E Editor's note for Chapter 17.20. Permitted areas for small vessel moorage — See Chapter 17.40. Section 17.20.010 Docking Permission Required. A. No person having charge of any vessel shall make the same fast to any pier in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, or person in charge of any such pier. B. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private, without first obtaining permission of the Harbor Resources Director Gity Manage f, except that at the Rhine Wharf Park the Harbor Master shall have the authority to authorize this activity under either of the following conditions: (1) A commercial fishing vessel is loading, or unloading, and no other mooring or berthing space is available in the harbor for this purpose; or (2) a vessel is taking refuge from inclement weather and no other mooring or berthing space is available in the harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times. C. No person holding a permit issued under the terms of Chapter 17.24 of this Code or having care, custody, control or use of any pier in Newport Harbor shall permit or allow a vessel to be made fast to any other vessel which is occupying any pier over which said person or permit holder has control, except as provided in the exceptions found in paragraph (B) above. (Ord. 1776 § 1, 1978; Ord. 1722 § 1, 1977: Ord. 1577 § 1, 1974: Ord. 1090,1964: 1949 Code §10300) • 11 Section 17.20.020 Vessel Tie -up Method. Every vessel lying at any pier in Newport Harbor shall be fastened thereto with such • lines, at least from both bow and stern, and in such a manner as to assure the security of such vessel. No permit holder, holding a permit issued under the provisions of Chapter 17.24 of this Code shall permit or allow any vessel lying at any pier under the control of the permit holder to be fastened in a manner other than is required by this section. (Ord. 1722 § 2, 1977: Ord. 1090 (part), 1964:1949 Code § 10301) Section 17.20.030 Direct Fueling Prohibited. No person shall fuel any vessel with any petroleum product directly from a tank wagon or truck. (Ord. 1090 (part), 1964: 1949 Code § 10303) Section 17.20.040 Gangway Required -- Lights. Every vessel used for hire while loading or unloading passengers or crew from a pier or from another vessel shall be provided with a gangway with manropes or railings, and from sunset until sunrise any such gangway shall be lighted adequately to provide visibility as long as such gangway is or may be used. (Ord. 1090 (part), 1964: 1949 Code § 10304) Section 17.20.050 Dockside Steam Engine Spark Prevention. No person shall use any donkey engine or other steam engine on any pier or vessel within Newport Harbor in loading or unloading vessels or otherwise without a bonnet or spark arrester attached to the smokestack of such engine so as to prevent sparks from coming into contact with the pier or vessel. (Ord. 1090 (part), 1964: 1949 Code § 10305) Sections: 17.22.005 17.22.010 • 17.22.020 17.22.030 17.22.040 17.22.050 17.22.060 17.22.070 17.22.080 17.22.090 17.22.100 17.22.110 17.22.120 17.22.130 17.22.140 17.22.150 17.22.160 17.22.170 17.22.180 17.22.190 17.22.200 Chapter 17.22 ANCHORAGE AND MOORING REGULATIONS Definitions. Location. Permit Necessary. Issuance of Permit -- Conditions. Plans and Specifications Required. Fees. Delinquent Fees. Unauthorized Use of Mooring. Transfer of Permit. Revocation of Permit. Cancellation - -Use of Unoccupied Moorings. Rental Not Permitted. Chains and Fastenings. Buoy Markings. Maintenance. Mooring, Anchoring and Vessel Condition Requirements. Specifications. Inspection of Moorings. Application of Chapter. Appeal. Administration. Section 17.22.005 Definition "Operable" means capable of maneuvering under the vessel's own power from the mooring to the demarcation line and back to the mooring. "Seaworthy" means that the vessel's hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot. (Ord. 98 -24 § 2, 1998) 12 Section 17.22.010 Location. No person having charge of any vessel shall moor or anchor the same in Newport Harbor except within the areas and at the places designated therefore. Any vessel which is moored or anchored at a place not designated for such vessel shall, upon the demand of the Harbor Resources Director City- PAaRager, be forthwith moved to the place or places designated therefore. In the designation of mooring areas and anchorages, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless the same shall be secured both fore and aft except as provided in Section 17.22.150. Every vessel moored or anchored in any part of a harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. (Ord. 1607 § 1 (part), 1975) Section 17.22.020 Permit Necessary. No person shall place, erect, construct or maintain moorings or buoys in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a permit therefore from the Harbor Resources Director Gity Manage F upon written application signed by the registered owner of the vessel to be moored, or by an agent so authorized in writing. Any work described and authorized in the permit must be completed within sixty (60) days after issuance thereof. (Ord. 1607 § 1 (part), 1975) Section 17.22.030 Issuance of Permit -- Conditions. The Harbor Resources Director City AAanageF, in furtherance of the tideland grants to the City, may issue a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the Harbor Resources Director Gity Manager shall be issued to the permittee, specify the vessel for which the permit is issued and provide that the permittee may change the vessel for which the permit has been issued, upon written notification to the Harbor Resources Director City- AAanager, and which permit shall allow the permittee to moor only the vessel owned by him and assigned to the permit to such mooring or buoy. (Ord. 1607 § 1 (part), 1975) A. Exception: Tender: A vessel, no longer than 14 feet maximum may be secured to permitted vessel as long as someone is aboard the permitted vessel, or may be secured to the mooring in the absence of the permitted vessel. Section 17.22.040 Plans and Specifications Required. No permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy except: A. In accordance with standard plans and specifications approved by the Harbor Resources Director Gity Manager and at a location approved by the Harbor Resources Director City Manager, or B. In accordance with other plans and specifications for said mooring or buoy which have been submitted by the applicant, showing the construction of said proposed mooring or buoy together with the location thereof, and which meet the requirements established in this chapter and which have been approved by the Harbor Resources Director City Manager. (Ord. 1607 § 1 (part), 1975) Section 17.22.050 Fees. Fees for permits issued under this chapter shall be paid in amounts and at a time as provided by resolution of the City Council. (Ord. 1607 § 1 (part), 1975) Section 17.22.060 Delinquent Fees. When the permittee is in arrears for a period of thirty (30) days or more, the Harbor Resources Director City- Manager may, at his option, cancel the permit upon five days' written notice to the permittee by first -class mail to the address shown on the permit. If the mooring is not removed by the permittee within thirty (30) days after cancellation of the permit, it shall be deemed abandoned and the title thereto shall vest in the City. (Ord. 1607 § 1 (part), 1975) 13 • • • Section 17.22.070 Unauthorized Use of Mooring. No person shall use a mooring unless he holds a current and valid permit therefore, except with the permission of the Harbor Resources Director Sity Manage f for temporary use, • as herein provided. (Ord. 1607 § 1 (part), 1975) Section 17.22.080 Transfer of Permit. No permittee shall transfer a permit for a mooring or buoy granted under the provisions of this chapter without the prior written approval of the Harbor Resources Director 6#y Manage F. No permittee shall retain any right to use the mooring or buoy after having divested himself of the ownership of the vessel to be moored thereto. Upon such divesting, the ownership in such mooring or buoy shall remain with the permittee, but the right of use thereof shall vest in the City until such time as the City shall grant a permit for such mooring or buoy to another person. The permittee shall remove the mooring or buoy within thirty (30) days after divesting himself of ownership of the vessel to be moored thereto or, upon failure to remove the mooring or buoy, titles shall vest in the City. The City may, thereafter, sell the mooring or buoy. (Ord. 1607 § 1 (part), 1975) Section 17.22.090 Revocation of Permit. A. Grounds for Revocation. Any permit granted for a mooring or buoy in Newport Harbor may be revoked by the City Council upon any of the following grounds: 1. The mooring or buoy has become detrimental to commerce, navigation or fishing; 2. The mooring or buoy is detrimental to use, operation or development of Newport Harbor; 3. The meefing er buoy has fallen into a state of disfelpair; 34. The space occupied by the mooring or buoy in the vessel affixed thereto is over publicly owned land and such space is to be devoted to a more necessary public use; 46. The use of the space violates the terms of the tidelands trust grants to the City. �. 11— vessel assigned te the meecing has operable and the owner has net made the ,n V within the timo r tl+is ehapteF • seep. repairs • nnuir .m 7 The. m m:Hne. has failed e. refused to alle . an inspeetion e.f the.vessel t determine if it is seawerthy and epeFable. B. Notice and Hearing. Any mooring permit shall be revoked only after a public hearing before the City Council at which the permittee has an opportunity to be heard. At least fourteen five -days notice of such hearing shall be given in writing by first -class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting forth the date, time and place of hearing. After such hearing, City Council may revoke, conditionally revoke, conditionally refuse to revoke or refuse to revoke any permit. (Ord. 98 -24 § 3 (part), 1998: Ord. 1607 § 1 (part), 1975) Section 17.22.100 Cancellation of Permit. . A. Said permit may be cancelled by the Harbor Resources Director at anytime for violation of any condition of the permit or any provision of this chapter to include: Eaeh such permit nh ^" 1. The mooring or buoy has fallen into a state of disrepair: determine if it is seaworthy and operable . 4. Living aboard a vessel assigned to a mooring without a Live - aboard Permit. 14 B. Notice and Hearing. In the event the Harbor Resources Director determines there may be grounds for cancellation of a permit issued pursuant to this chapter, the Harbor Resources Director shall give notice of intent to cancel the permit and the right of the permittee to request a hearing before the Harbor Resources Director within fifteen (15) working days from the date 1. Deposited in the United States mail, first class, postage prepaid, and addressed to permittee at any mailing address specified on the application for permit: 2. Personally delivered to permittee; or 3. Affixed to permittee's vessel in a conspicuous location, or any combination of the foregoing. the Harbor Commission. In the event the permittee requests a hearing. the Harbor Resources • right to appeal the decision to the Harbor Commission. C$. Upon cancellation, it shall be the duty of the owner of said mooring to immediately remove the same; CE). If not removed within thirty (30) days, said mooring and vessel may be removed by the Harbor Resources Director Gity-Manager and the cost of mooring and vessel removal shall be paid by the mooring permittee, and the same may be collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the mooring; DE. If said mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the Harbor Resources Director Sity Manager; EF-.If not used by the owner for a period of ninety (90) consecutive days, it shall become the property of the City, unless such time has been extended in writing, provided that any such • extension shall not exceed ninety (90) additional days, and thereafter such mooring shall automatically become the property of the City to be removed or sold and, if sold, all proceeds of such sale are to be paid to the City. (Ord. 98 -24 § 3 (part), 1998: Ord. 1607 § 1 (part), 1975) Section 17.22.110 Rental Not Permitted. No mooring may be leased or rented by the permittee to another person except with the written permission of the Harbor Resources Director Gity Manage,. (Ord. 1607 § 1 (part), 1975) Section 17.22.120 Chains and Fastenings A. No person shall erect, construct or maintain any mooring in Newport Harbor unless all chains and fastenings are of sufficient size to stand a breaking strain of at least six times the weight of the mooring. B. All mooring lines on buoys shall be so arranged that when dropped they will immediately sink. With a double mooring, however, it shall be permissible to connect two mooring lines with a spreader line having floats attached thereto to keep said line afloat when the mooring is unoccupied. (Ord. 1607 § 1 (part), 1975) Section 17.22.130 Buoy Markings. Mooring buoys shall be painted with the number allocated thereto by the Harbor Resources Director Giiy Manager to the mooring, the numeral(s) of which shall be at least three inches in height. (Ord. 1607 § 1 (part), 1975) Section 17.22.140 Maintenance. All moorings shall be -kept in good and serviceable condition in the location assigned by the Harbor Resources Director Gity-Manager and the numbers thereon maintained in a legible condition at all times. (Ord. 1607 § 1 (part), 1975) • 15 Section 17.22.150 Mooring, Anchoring and Vessel Condition Requirements. A. Mooring Anchoring. All vessels using moorings in Newport Harbor shall be firmly • anchored to a mooring from bow and stern in such a manner as to prevent said vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Director City Manager as single mooring areas. Vessels in said single mooring areas may be tied from the bow or stern only. B. Vessel Condition -- Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the Orange County Harbor Patrol or other facts, the Harbor Resources Director Gity-lvlanaW has cause to believe a vessel is not seaworthy and operable, the Harbor Resources Director City Manage shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbor Resources Director City Manager that the vessel assigned to the mooring is seaworthy or operable. In the event that the Harbor Resources Director City -Manager determines that vessel is not seaworthy or operable, the permittee shall: (1) commence repairs within thirty (30) days of written notice of such determination and complete repairs within ninety (90) days of the commencement unless the Harbor Resources Director City -- Manager, upon written request from the permittee specifying the reasons therefore, approves an extension of time to complete the repairs or (2) removes the vessel referenced in the notice within thirty (30) days and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days of the notice. This section is not intended to apply to any brief period of repair common to most vessels. The Harbor Resources Director City- Managef may repeat his request to test operability as needed. C. Exceptions. The requirements of this section are not applicable to vessels used in marine construction or marine contracting services. (Ord. 98 -24 § 3 (part), 1998: Ord. 1607 § 1 (part), 1975) • Section 17.22.160 Specifications. Specifications for the size of chains required on moorings and weights of moorings shall be adopted by resolution of the City Council. (Ord. 1607 § 1 (part), 1975) Section 17.22.170 Inspection of Moorings. Each mooring shall be lifted by the owner for inspection by the Harbor Resources Director City Manager at least once every two (2) years and shall be repaired so as to be in good condition before being replaced, provided that the Harbor Resources Director City Manager may require any mooring to be lifted at any time when deemed necessary to assure it is in good condition. If the permittee has such lifting performed by a licensed marine contractor, then the Harbor Resources Director City-Manager may authorize said contractor to inspect the mooring in behalf of the Harbor Resources Director Gky-Manager and certify the results to the Harbor Resources Director City-ManageF in writing. (Ord. 1607 § 1 (part), 1975) Section 17.22.180 Application of Chapter. The terms of this chapter, as they relate to moorings and buoys, shall apply to "on -shore moorings" which are moorings located landward of the pierhead line and to "offshore moorings" which are located bayward of the pierhead line, with equal force and effect. (Ord. 1607 § 1 (part), 1975) Section 17.22.190 Appeal. Appeals to the Provisions of this chapter shall be made in accordance with Chapter 17.42. Written appeal within fifte n .he rendering ef the FIP-.R*;-3' sF PRrispliRtwen by the • 16 Section 17.22.200 Administration. Pursuant to an agreement between the County of Orange and the City of Newport Beach, the Director of Harbors, Beaches and Parks of the Orange County Harbors, Beaches and Parks District shall administer all provisions in this chapter dealing with moorings and • buoys, except the revocation of permits by the City Council and collection of all fees hereafter. (Ord. 1607 § 1 (part), 1975) Chapter 17.23 RESTRICTIONS ON PERSONS LIVING ABOARD VESSELS IN NEWPORT HARBOR Sections: 17.23.005 Purpose. 17.23.010 Definitions. 17.23.020 Permit Required 17.23.025 Application for Live - Aboard Permit. 17.23.030 Issuance of Permit 17.23.035 Term /Renewal. 17.23.040 Conditions/Regulations. 17.23.045 Use of Pumpout Facilities. 17.23.050 Compliance with Law. 17.23.055 Discharge Log. 17.23.060 Limitation on Number of Permits. 17.23.065 Transfer Prohibited. 17.23.070 Revocation /Cancellation. 17.23.075 Suspension and Cancellation Reveeatien. 17.23.080 Procedure for Cancellation Reveeatien. 17.23.085 Appeal. Section 17.23.005 Purpose. The City Council of the City of Newport Beach finds and declares as follows: • A. Newport Harbor is a heavily used marine recreational area with thousands of residents living in close proximity to the water; B. Heavy recreational use of the harbor has contributed to a deterioration in water quality and the City is engaged in an ongoing effort to reduce the amount of human fecal matter discharged into the Bay; C. Persons living aboard vessels assigned to offshore moorings are required to utilize the vessel's marine sanitation device and this presents a risk of discharge of human fecal matter into the Bay in violation of local, state and federal laws; D. Persons living aboard vessels assigned to offshore moorings are frequently closer to residences than vessels berthed in commercial marinas, and, if the number of live - aboards is unregulated, there is a risk that noise generated by live - aboards on offshore moorings could disturb significant segments of these residential areas; E. Persons living aboard vessels on offshore moorings do not have access to landside support facilities such as parking spaces, trash disposal and other amenities normally associated with residential uses and, an increase in the number of live - aboards, if unregulated, could increase the demand for already scarce waterfront parking space, and increase the amount of trash and debris deposited in the Bay; and F. Currently, live - aboards occupy approximately thirty (30) vessels assigned moorings in Newport Bay, and a limit on the number of live- aboard vessels is necessary to minimize the potential for discharge of raw or treated sewage, limit the discharge of "gray water," and minimize the potential impact on nearby residential properties. G. The ordinance codified in this chapter will promote the public health, safety and welfare by regulating the number of persons living aboard vessels on offshore moorings and insuring, to the extent possible, that this residential use does not result in the discharge of • 17 human waste or otherwise adversely impact the health, safety and welfare of those that visit, work around, or live near, the Bay. (Ord. 89 -7 § 1 (part), 1989) • Section 17.23.010 Definitions. A. "Newport Bay' ( "Newport Harbor Bay "). The terms "Newport Bay," "Newport Harbor" and 'Bay' shall mean all water area within Lower Newport Bay (southerly of Pacific Coast Highway) including all of the area bayward of the bulkhead lines or, if no bulkhead lines have been established, Bayward of the line of mean high tide. B. "Offshore Mooring." A single or double buoy, weight and chain installed for the purpose of berthing a vessel as provided by Chapter 17.22 of the Newport Beach Municipal Code. C. "Harbor Resources Director" will mean the Harbor Resources Director Mafine Direeter of the City of Newport Beach or the person designated by the Harbor Resources Director Marine Direeter to act in his or her capacity. D. "Live- aboard" shall mean any person who uses a vessel assigned to an offshore mooring (other than a guest mooring) as a domicile as that term is defined in Section 200 of the Elections Code of the State of California. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.020 Permits Required. No person shall live- aboard any vessel assigned to an offshore mooring without first having obtained a live- aboard permit from the Harbor Resources Director Marine eete . No person shall live- aboard any vessel on an onshore mooring in Newport Harbor. No live- aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.22 of the Newport Beach Municipal Code. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.025 Application for Live- Aboard Permit. An application for live- aboard permit shall be filed with the Harbor Resources Director upon forms provided by the City and shall contain the following information: A. The name of the permittee and the name or names of all individuals to be living • aboard the vessel; B. All pertinent information relative to the vessel including, but not necessarily limited to, the name of the vessel, the registration number of the vessel assigned by the Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel; C. The make, model, and holding tank capacity of the marine- sanitation device installed in the vessel; D. The address and phone number where the permittee or other adult living- aboard can be contacted during regular work hours or when not occupying the vessel; E. Other information the Harbor Resources Director Marine Direeter reasonably believes is necessary or helpful to the efficient administration of the provisions of this chapter. Applications will be accepted only from persons holding a valid mooring permit issued pursuant to Chapter 17.22 of the Newport Beach Municipal Code. All applications shall be accompanied by a fee established by resolution of the City Council, but the fee shall not exceed the cost to the City of administering this chapter. The submittal of an application for live- aboard shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the accuracy of the information in the application. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.030 Issuance of Permit. Upon receipt of an application for a live- aboard permit, the Harbor Resources Director shall investigate the information contained in the application. The Harbor Resources Director Matifle Bireeter shall deny the application if: A. The vessel which will serve as the principal residence is not equipped with a fully - operational sanitation device sufficient in capacity to insure no discharge of human waste into the harbor; • B. Approval of the application would result in live- aboard permits in excess of the limitations provided by this chapter; W. C. Issuance of the permit, given the specific circumstances of the application, would significantly impact persons residing, working or visiting the Bay; D. The vessel is incapable of safely maneuvering under its own power, whether by sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the mooring. (Ord. 89 -7 § 1 (part), 1989) • Section 17.23.035 Term /Renewal. A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications for the renewal of any permit shall be submitted at least sixty (60) days before expiration of the permit, on forms supplied by the City, and shall specify any changes to the information provided on the original application for a permit. B. The application for renewal shall be denied for any of the reasons specified in Section 17.23.030; the permittee has failed to comply with any provision of this chapter during the term of the permit; or the permittee has failed to use the vessel as permittee's domicile during a substantial portion of the previous term of the permit. C. The issuance of a live- aboard permit pursuant to this chapter does not create any tenancy between the City and permittee or other persons living aboard, nor does it create any property right in permittee or other persons living aboard the vessel. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.040 Conditions /Regulations A. The Harbor Resources Director Mare BiFeeteF may impose such conditions on the permit as are reasonably necessary to insure that the activities of the permittee comply with the provisions of this chapter. B. The Harbor Resources Director MaFine DiFeetOF shall have the power to promulgate rules and regulations to insure that the purposes of this chapter are satisfied. Each permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live- aboard permit. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.045 Use of Pumpout Facilities. Permittees shall use pumpout facilities on a regular basis or otherwise discharge human • waste in a legal manner. The permittees and others living aboard pursuant to permit shall not deposit any garbage or trash in the bay or on property surrounding the bay except in trash receptacles owned and maintained by the City of Newport Beach. (Ord 89 -7 § 1 (part), 1989) Section 17.23.050 Compliance with Law. The permittee, and others authorized to live- aboard any vessel, shall comply with all applicable state and federal laws, the provisions of the Newport Beach Municipal Code, the Harbor Policies promulgated by the City Council, and all conditions, express and implied, to the permit. Failure to comply with these laws, ordinances, or policies shall constitute grounds for revocation of the permit. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.055 Discharge Log. Each permittee shall maintain a log relative to the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the Harbor Resources Director Marine- DiFeete, or his designee, at all reasonable hours and upon request. The log shall be submitted to the Harbor Resources Director MaFine DiFeeteF in conjunction with any application for renewal of a permit. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.060 Limitation on Number of Permits. A. Except as provided in subsection (B) of this section, the number of live- aboard permits in effect at any given time shall not exceed seven percent of the number of offshore mooring permits issued by the City pursuant to Chapter 17.22. B. Any person or persons living aboard a vessel assigned to an offshore mooring as of the date that the ordinance codified in this chapter was adopted may continue to live- aboard the vessel, and receive a permit pursuant to this chapter without regard to the limit on number • of permits specified in subsection (A) of this section, provided: W] 1. The person or persons apply for a live- aboard permit within sixty (60) days from the effective date of the ordinance codified in this chapter; 2. The person or persons are entitled to a permit pursuant to this chapter, and • specifically pursuant to the provisions of Section 17.23.030; and 3. The permit, once issued, is thereafter continuously in effect. C. The Harbor Resources Director MaFiFle DiFeeteF shall establish a waiting list of persons who wish to apply for a live- aboard permit. The waiting list shall consist solely of persons who hold valid mooring permits issued pursuant to the provisions of Chapter 17.22 of the Newport Beach Municipal Code. Any person who sells or transfers the vessel, or any ownership interest in the vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of live- aboard permits falls below the limit specified in subsection (A) of this section, the Harbor Resources Director Marine DiFeeter shall notify the person or persons next in order on the waiting list of the vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30) days after the date of the notice, and that failure to apply within the thirty (30) day period will result in removal of that person or persons from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the city. An application for placement on the waiting list shall be accompanied by a fee established by resolution of the City Council, but in no event shall the fee exceed the cost of administering the waiting list. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.065 Transfer Prohibited. No person shall transfer, assign, sell or convey a live- aboard permit. Any attempt to transfer, sell, convey or assign a live- aboard permit shall be a violation of this chapter and grounds for revocation of the permit. (Ord. 89 -7 § 1 (part), 1989) • Section 17.23.070 Revocation /Cancellation. The City has reserved the right to cancel mooring permits under certain circumstances. Any permit issued pursuant to this chapter shall be deemed cancelled in the event of the revocation or cancellation of the mooring permit issued pursuant to Chapter 17.22 of the Newport Beach Municipal Code. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.075 Suspension and Cancellation Revocation. A. Any permit granted pursuant to this chapter and Chapter 17.22 may be cancelled Feveked by the Harbor Resources Director MaFine 9iFeeteF upon a determination that: 1. The permittee has violated, or failed to comply with any of the provisions or requirements of this chapter, or the provisions of Title 17 of the Newport Beach Municipal Code; 2. The permittee has discharged raw or treated sewage into the Bay or otherwise violated the provisions of Section 17.23.050 of this chapter; 3. Permittee has failed to pay any fee required to be paid pursuant to the provisions of this chapter and /or resolution of the City Council; 4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.080 Procedure for Cancellation Reveeetlen. In the event the Harbor Resources Director Madne INFeeteF determines there may be grounds for cancellation Feveeatien of a permit issued pursuant to this chapter, the Harbor Resources Director Ma4ne- DiFeeter -shall give notice of intent to cancel Feveke the permit and the right of the permittee to request a hearing before the Harbor Resources Director Marine DiFeeteF within fifteen (15) working days from the date on which notice is given. The notice shall state the reason for the proposed cancellation Feveeatien and shall be accompanied by any • documents in the possession of the Harbor Resources Director Mafine DiFeeteF that pertain to the grounds for the proposed action. Notice shall be deemed given when: 1. Deposited in the United States mail, first class, postage prepaid, and addressed to permittee at any mailing address specified on the application for permit; 2. Personally delivered to permittee; or 3. Affixed to permittee's vessel in a conspicuous location, or any combination of the foregoing. If the permittee does not request a hearing within fifteen (15) working days, the decision of the Harbor Resources Director Mafine BiFeetef shall be final and permittee shall not be entitled to appeal to the Harbor Commission 6ity-GeaReil. In the event the permittee requests a hearing, the Harbor Resources Director MaFine BiFeeieF shall notify the permittee of his or her decision within fifteen (15) working days after the hearing, specifying the reason or reasons for the decision, and advising permittee of his or her right to appeal the decision to the Harbor Commission Gity Geuneil. (Ord. 89 -7 § 1 (part), 1989) Section 17.23.085 Appeal. Appeals to this chapter shall be made in accordance with Chapter 17.42. A-deeisienef Section 17.24.00E Editor's note to Chapter 17.24. *Prior history: 1949 Code §§ 10400, 10401, 10402, 10403 and 10404; Ords. 1090, 1099, 1286, 1602 and 87 -31. Section 17.24.010 Permit Required for Construction or Alteration. No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, or do any filling, excavating or dredging in said waters or ocean, or on any ocean or bay beach, without first obtaining a written permit to do so from the City. (Ord. 98 -13 § 1, 1998: Ord. 96 -10 § 1 (part), 1996) Section 17.24.020 Exception for Work by District. Notwithstanding the provisions of this section, the district may do construction work or fill or dredge within Newport Harbor, or cause the same to be done, without such a permit so long as such work is done pursuant to a harbor development plan on lands not owned by the City or pursuant to a request therefore by the City Council. (Ord. 96 -10 § 1 (part), 1996) 21 • • • Chapter 17.24 STRUCTURES IN HARBOR' Sections: 17.24.00E ClEd 17.24.010 Permit Required for Construction or Alteration. 17.24.020 Exception for Work by District. 17.24.030 Transfer of Permit. 17.24.040 Application for Permit -- Plans- -Fee. 17.24.050 Processing of Application. 17.24.060 Review by City Council. 17.24.070 Permit Conditions. 17.24.080 Required Approval by Corps of Engineers. Section 17.24.00E Editor's note to Chapter 17.24. *Prior history: 1949 Code §§ 10400, 10401, 10402, 10403 and 10404; Ords. 1090, 1099, 1286, 1602 and 87 -31. Section 17.24.010 Permit Required for Construction or Alteration. No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, or do any filling, excavating or dredging in said waters or ocean, or on any ocean or bay beach, without first obtaining a written permit to do so from the City. (Ord. 98 -13 § 1, 1998: Ord. 96 -10 § 1 (part), 1996) Section 17.24.020 Exception for Work by District. Notwithstanding the provisions of this section, the district may do construction work or fill or dredge within Newport Harbor, or cause the same to be done, without such a permit so long as such work is done pursuant to a harbor development plan on lands not owned by the City or pursuant to a request therefore by the City Council. (Ord. 96 -10 § 1 (part), 1996) 21 • • • Chapter 17.24 STRUCTURES IN HARBOR' Sections: 17.24.00E Editor's note to Chapter 17.24. 17.24.010 Permit Required for Construction or Alteration. 17.24.020 Exception for Work by District. 17.24.030 Transfer of Permit. 17.24.040 Application for Permit -- Plans- -Fee. 17.24.050 Processing of Application. 17.24.060 Review by City Council. 17.24.070 Permit Conditions. 17.24.080 Required Approval by Corps of Engineers. 17.24.090 Revocation of Permit. 17.24.100 Structure Without Permit Declared a Nuisance -- Abatement. Section 17.24.00E Editor's note to Chapter 17.24. *Prior history: 1949 Code §§ 10400, 10401, 10402, 10403 and 10404; Ords. 1090, 1099, 1286, 1602 and 87 -31. Section 17.24.010 Permit Required for Construction or Alteration. No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City, or do any filling, excavating or dredging in said waters or ocean, or on any ocean or bay beach, without first obtaining a written permit to do so from the City. (Ord. 98 -13 § 1, 1998: Ord. 96 -10 § 1 (part), 1996) Section 17.24.020 Exception for Work by District. Notwithstanding the provisions of this section, the district may do construction work or fill or dredge within Newport Harbor, or cause the same to be done, without such a permit so long as such work is done pursuant to a harbor development plan on lands not owned by the City or pursuant to a request therefore by the City Council. (Ord. 96 -10 § 1 (part), 1996) 21 • • • Section 17.24.030 Transfer of Permit. No person shall transfer a permit for a pier, float or similar structure granted under the provisions of this chapter without prior written approval of the City. No person who as an • abutting upland owner or lessee of real property was granted a permit for a pier, float or similar structure shall retain any right of use in such pier, float or similar structure after having divested himself of the ownership or leasehold interest in such real property. Upon such divesting, the ownership interest in such pier, float or similar structure shall remain with the person to whom the permit was granted, but the right of use thereof shall vest in the City until such time as a permit for such pier, float or structure is granted to another person. Except where rights of ownership or use have heretofore been judicially decreed, no person may heretofore or hereafter gain any rights of ownership or use of any such pier, float or similar structure by any purported transfer made without such prior written approval of the City. The Harbor Resources Director Fire and MaFine Ghief is authorized to approve transfers of permits. (Ord. 96 -10 § 1 (part), 1996) Section 17.24.040 Application for Permit -- Plans- -Fee. A. Application. Application for any permit or the transfer of any permit required by the chapter shall be made to the Harbor Resources Director and Building Department Fire and Marine Ghief in writing on forms provided therefor. The permit shall constitute an agreement by the permittee to comply with all conditions imposed in the granting of the permit. 1. Dredging - Application must be made to the Harbor Resources Division on forms provided therefore. B. Plans. The application shall be accompanied by plans and specifications setting forth in detail the work to be done. C. Fee. Each application shall be accompanied by a fee in an amount established by the City Council by resolution. Fees shall not be returnable to the applicant whether or not the permit is granted. (Ord. 96 -10 § 1 (part), 1996) • Section 17.24.050 Processing of Application. The application and plans and specifications shall be reviewed by the Harbor Resources Director and Building Department to determine whether the proposed work meets all the requirements of this Code and any standards and policies adopted by the City Council for such construction or work. The Harbor Resources Director and Building Department are authorized to approve and issue permits for new structures and for revisions to existing structures that conform to the provisions of this Code, standard harbor drawings approved by the City Council, or harbor permit policy adopted by the City Council. A. The application shall be denied if: 1. The application does not conform to the provisions of this Code, standard harbor drawings approved by the City Council, or the harbor permit policy adopted by the City Council; or 2. The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront property owners. B. Appeals. Decisions by the Harbor Resources Director Fire relative to Harbor Permit applications may be appealed to the Harbor Commission 64'y Manager by filing a written appeal with the Harbor Resources Director Of€lee -of the City Manager within fourteen (14) days from the notice of the decision. The Harbor Commission shall consider the appeal and render a decision within 45 days or the next scheduled meeting of the Harbor Commission. by the Gity Manage= may be appealed te the Gity Ge-.Fieil within fourteen (14) days ffem - notice of the ' . The City Clerk shall cause written notice of the time, place and purpose . of the Harbor Commission Gity Geuneil hearing to be sent to the applicant or appellant by 22 certified mail at least fifteen (15) days prior to the date of the hearing. The Harbor Commission Gity Seuncii may sustain, overrule or modify the action of the Harbor Resources Director Gity A separate permit must be obtained from the Building Department Af€ieiai for any • work on harbor structures. (Ord. 98 -13 §§ 2, 3, 1998; Ord. 96 -10 § 1 (part), 1996) Section 17.24.060 Review by City Council. The City Council may review a decision of the Harbor Commission by a Call for Review. undeF this ehapteFr Fees: Calls for review shall be accompanied by a fee as established by resolution of the City Council. The City Clerk shall cause written notice of the time, place and purpose of the hearing to be sent to the applicant or permittee by certified mail at least fifteen (15) days prior to the date of the hearing. The City Council may sustain, overrule or modify the action of the Harbor Commission Gity Manage and the decision of the City Council shall be final. Decision and notice: After the hearino the reviewino body shall affirm modify -or reverse hearing. (Ord. 96 -10 § 1 (part), 1996) Section 17.24.070 Permit Conditions. In granting any such application, the Harbor Resources Director FiFe may impose conditions in the permit which are deemed necessary to protect commerce, navigation or fishing or the use, operation or development of Newport Harbor. (Ord. 96 -10 § 1 (part), 1996) Section 17.24.080 Required Approval by Corps of Engineers. Prior approval of the U.S. Corps of Engineers will be required when: A. Work extends beyond the U.S. pierhead line; B. Solid filling or a solid structure is constructed beyond the U.S. bulkhead line; C. Harbor lines have not been established in the area by the U.S. Corps of • Engineers. (Ord. 96 -10 § 1 (part), 1996) Section 17.24.090 Revocation of Permit. A. Ground for Revocation. Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission Gity Geuneil upon any of the following grounds: 1. The work or structure has become detrimental to commerce, navigation or fishing; 2. The work or structure is detrimental to the use, operation or development of the harbor; 3. The work or structure does not comply with the permit or does not meet the standards adopted by the Harbor Commission Gity- Geuneii for such work or structure; 4. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which such work or structure exists; 5. The work or structure has fallen into a state of disrepair; 6. The space occupied by such work or structure is over publicly owned land and such space is to be devoted to a public use; 7. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. B. Notice and Hearing. Any such permit shall be revoked only after a public hearing before the Harbor Commission Gity Geunei4 at which the permittee has an opportunity to be heard. At least fifteen days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and of hearing. • place 23 The Harbor Commission City-Ceuneil may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Harbor Commission City-6euneil findings and recommendations to be considered by the Harbor • Commission City-Geunell. The Harbor Commission City- Ceuneg shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a Hearing Officer has been appointed, within forty -five (45) days from the date on which the Harbor Commission City Ceuneil receives the findings and recommendations of the Hearing Officer. The decision of the Harbor Commission S+ty-Ceunc4l shall be final. The City Clerk shall notify the permittee of the decision of the Harbor Commission City Ceufleil. (Ord. 96 -10 § 1 (part), 1996) Section 17.24.100 Structure Without Permit Declared a Nuisance -- Abatement. Every structure maintained in or over the waters of Newport Harbor or the Pacific Ocean without a current valid permit existing therefor when required by this chapter, or maintained in a manner or for a purpose other than or different from that provided in the permit, shall constitute a nuisance and shall be immediately abated and may be removed. If upon written notice to remove any such structure the owner thereof fails, refuses or neglects to do so within a reasonable time specified in the notice, being not less than five nor more than thirty (30) days after such notice, the City shall abate or remove it and the cost thereof may be recovered from the owner of such structure in a civil action. (Ord. 96 -10 § 1 (part), 1996) E Section 17.28.010 Maintenance of Public Piers -- Regulations. Public piers and other harbor facilities may be maintained by the City for the purpose of loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the policy of the City to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve public use and avoid extended occupancy, congestion or blocking thereof, the City Manager is authorized and directed to post signs limiting the time during which a vessel may be docked or supplies or gear may be placed at or on any such pier or facility to twenty (20) minutes except that a four -hour limit is imposed on the Rhine Wharf Park, subject to the following conditions: (1) the Harbor Master shall have the authority to limit the size of vessels using said facility; (2) vessels using this facility shall be in the actual process of loading, unloading or engaged in temporary repairs; and (3) the Harbor Master may authorize an extension of the four -hour period where special circumstances dictate such an extension. When a sign is in place giving notice of such time limits, no person shall dock a vessel at any such facility for a period of time in excess of that period, or permit any supplies or gear to remain on such facility for a period in excess of that posted on the sign. (Ord. 1577 § 2, 1974: Ord. 1377 § 1, 1971: Ord. 1090 (part), 1964: 1949 Code § 10307) 24 Chapter 17.28 PIERS* Sections: 17.28.00E Editor's note to Chapter 17.28. 17.28.010 Maintenance of Public Piers -- Regulations. 17.28.020 Defective Piers. 17.28.030 Obstruction Prohibited. • 17.28.040 Motor Vehicles. 17.28.045 Vehicle Restrictions on the Newport Pier. 17.28.050 Exception for Business Vehicles. 17.28.060 Skateboards. Section 17.28.00E Editor's note to Chapter 17.28. * Dogs prohibited on piers -- See Chapter 7.04. E Section 17.28.010 Maintenance of Public Piers -- Regulations. Public piers and other harbor facilities may be maintained by the City for the purpose of loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the policy of the City to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve public use and avoid extended occupancy, congestion or blocking thereof, the City Manager is authorized and directed to post signs limiting the time during which a vessel may be docked or supplies or gear may be placed at or on any such pier or facility to twenty (20) minutes except that a four -hour limit is imposed on the Rhine Wharf Park, subject to the following conditions: (1) the Harbor Master shall have the authority to limit the size of vessels using said facility; (2) vessels using this facility shall be in the actual process of loading, unloading or engaged in temporary repairs; and (3) the Harbor Master may authorize an extension of the four -hour period where special circumstances dictate such an extension. When a sign is in place giving notice of such time limits, no person shall dock a vessel at any such facility for a period of time in excess of that period, or permit any supplies or gear to remain on such facility for a period in excess of that posted on the sign. (Ord. 1577 § 2, 1974: Ord. 1377 § 1, 1971: Ord. 1090 (part), 1964: 1949 Code § 10307) 24 Section 17.28.020 Defective Piers. Upon learning that any pier is in a defective or dangerous condition, the Harbor Resources Director 6+ty Manage F shall immediately so notify the owner or other person having • charge of the same in writing, requiring such person or persons to immediately repair it or to put up barriers to prevent persons from going upon it. If such person shall fail or neglect to do so, the Harbor Resources Director Gity-ManageF may place barriers as necessary for the protection of the public and charge the cost thereof to such person, and it shall be a violation of this title for any person to interfere with any such barrier. If any pier, or any portion thereof, or any material on such pier, shall fall into the waters of Newport Harbor, it shall be the duty of the owner, agent or lessee of such pier to forthwith remove the same from the waters of the Harbor and, if they shall fail to do so, the Harbor Resources Director Gity- Manage F may do so and the cost thereof may be recovered from the owner, agent, or lessee of such pier in a civil action. (Ord. 1090 (part), 1964:1949 Code § 10306) Section 17.28.030 Obstruction Prohibited. No person shall intentionally obstruct the free access to and departure from any portion of any public pier. (Ord. 1090 (part), 1964: 1949 Code § 10308) Section 17.28.040 Motor Vehicles. No person shall drive any motor vehicle upon any public pier except to discharge or load supplies or passengers to or from a vessel or permit any motor vehicle to remain upon any such pier except when actually engaged in discharging or loading such supplies or passengers. Vehicles ready to load shall have preference over those ready to discharge; and no person shall park or stop a vehicle where it blocks the approach to any public pier. (Ord. 1090 (part), 1964: 1949 Code § 10309) Section 17.28.045 Vehicle Restrictions on the Newport Pier. A. Prohibition: Subject to the exceptions set forth in Subsection C, no person shall, at any time, operate, park or leave standing any motor vehicle on the Newport Pier. • B. Light -Duty Commercial Vehicle Defined. For the purpose of this Section, "light - duty commercial vehicle" shall mean any vehicle which does not exceed twenty (20) feet in length, does not exceed eight thousand (8,000) pounds load on any axle and has a manufacturers' gross weight rating of ten thousand (10,000) pounds or less. C. Exceptions. The prohibition set forth in Subsection (A) shall not apply to the following: 1. Light duty commercial vehicles servicing the restaurant on the pier between the hours of six a.m. and eleven a.m. 2. Any vehicles displaying permit issued by the Public Works Department. (Ord. 91- 33 §1,1991) Section 17.28.050 Exception for Business Vehicles. Notwithstanding the provisions of Section 17.28.040, any person having a license from the City to conduct a business on a public pier may park a vehicle on such pier if he obtains written permission to do so from the City Manager or if such parking is provided for in a written contract with the City. (Ord. 1090 (part), 1964: 1949 Code § 10310) Section 17.28.060 Skateboards No person shall operate or ride any skateboard in or upon any public pier. (Ord. 1154 (part), 1966: 1949 Code § 10311) Chapter 17.30 INSTALLATION OF PUMPOUT STATIONS BY CERTAIN COMMERCIAL USERS OF NEWPORT BAY Sections: 17.30.010 Findings and Purpose. • 17.30.015 Definitions. 25 17.30.020 Pumpout Facility Required. 17.30.025 Maintenance. • Section 17.30.010 Findings and Purpose. The City Council finds and declares as follows: A. On July 14, 1986, the City Council created the Harbor Quality Citizen's Advisory Committee in response to growing concerns about the deterioration of the quality of water in Newport Bay. The Committee was specifically empowered to develop information, and make recommendations, on proposed measures to improve water quality of the bay. B. The Harbor Quality Citizen's Advisory Committee has, since its inception, conducted monthly meetings and received testimony from representatives of the Regional Water Quality Control Board, the Orange County Health Department, the Harbor Master, businesses that utilize Newport Bay, and experts in the field of water quality. C. The Committee has determined, based upon testimony presented to it, that there are valid reasons for concern about contamination of bay waters caused by the discharge of human waste from vessels using the Harbor. D. The United States Environmental Protection Agency has determined that recreational swimmers exposed to waters contaminated by human waste are at a higher risk of developing gastrointestinal diseases. E. The failure to take steps to control the discharge of human waste into the bay could result in a quarantine for water contact sports, a prohibition against gathering of shellfish from the waters of Newport Harbor and lead to the onset and spread of disease in humans. F. The discharge of human waste into the waters of Newport Bay, if allowed to continue, could jeopardize the economic viability of businesses which utilize, or are located on, Newport Bay, and severely restrict recreational use of the bay. G. The number of public pumpout facilities in Newport Harbor to serve the number of vessels using the Harbor and the location of those facilities are not convenient to a large number of vessels that require pumpout of holding tanks. Substantial quantities of human waste • have been discharged directly into the bay because of the lack of adequate pumpout facilities. H. The heaviest commercial users of the bay, and those which have the greatest need for adequate pumpout facilities, are sailing clubs, commercial harbor activity permittees, and bareboat charter operations that load and unload passengers at the docks of harbor permittees located in commercial zones. 1. The installation and use of pumpout facilities by the heaviest commercial users of Newport Bay will help insure that bacteria, coliform and human pathogen levels remain below those which would cause the adverse impacts described in this section. (Ord. 88 -18 § 1 (part), 1988) Section 17.30.015 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings specified in this section: A. Commercial Harbor Activity Permittee. Any person, or persons, partnership, corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 17.41 of the Newport Beach Municipal Code. B. Harbor Permittee. Any person, or persons, partnership, corporation or other entity holding a permit issued pursuant to the provisions of Chapter 17.24 of the Newport Beach Municipal Code and: (1) the permit zone is within an area designated as a commercial district; and (2) the permittee permits or allows the loading and /or unloading of passengers of a bare boat charter or other chartered vessel from any facility within the present zone. C. Sailing Club. Any person, or persons, partnership, corporation, or other business entity engaged in the business of leasing, renting, or chartering five or more vessels equipped with marine toilets by members of the club and /or the general public for use on Newport Bay by members of the club and/or the general public. • M D. Permittee. Commercial harbor activity permittee and harbor permittee. (Ord. 88- 18 § 1 (part), 1988) Section 17.30.020 Pumpout Facility Required. A. Within one hundred eighty (180) days of the effective date of the ordinance • codified in this chapter, all sailing clubs, commercial harbor activity permittees and harbor permittees shall install a vessel waste pumpout system solely for the use of vessels leased or chartered by the club or permittee. The pumpout facility shall be installed on dock space under the control of the club or permittee with convenient access to all vessels, owned, leased or chartered by the club or permittee. The pumpout facility shall have a capacity commensurate with the capacity of the holding tanks of the vessel or vessels of the club or permittee. B. All pumpout facilities required by this chapter shall be installed pursuant to permit issued by the Harbor Resources Director Marine DireeteF. Application for permit shall be made on forms prepared, and furnished, by the MaFine Dipeete . No fee shall be charged for the issuance of the pumpout facility permit or any other permit required prior to installation. C. The application for permit shall be accompanied by appropriate plans and specifications setting forth in detail the work to be done. D. The application, plans and specifications required by this chapter shall be reviewed by the Harbor Resources Director Madre DiFeeteF to determine if the proposed work meets all requirements of this chapter and other provisions of the Newport Beach Municipal Code. The Harbor Resources Director MaFine D Feete shall issue the permit if the proposed pumpout station complies with all applicable ordinances, rules and regulations. A separate permit will faay be required from the Building Director prior to installation of the pumpout facility. (Ord. 88 -18 § 1 (part), 1988) Section 17.30.025 Maintenance. Permittee shall maintain the pumpout facility in good condition and repair at all times. (Ord. 88 -18 § 1 (part), 1988) Chapter 17.32 • WASTE AND REFUSE- -SMALL VESSEL MOORAGE' Sections: 17.32.00E Editor's note for Chapter 17.32. 17.32.010 Discharge of Excreta. 17.32.015 Vessel Holding Tank Requirements' 17.32.020 Refuse in Navigable Waters. 17.32.030 Refuse and Vessels on Shoreline. 17.32.040 Refuse - Marinas and Piers. 17.32.050 Discharge of Flammable Materials. 17.32.060 Dead Animals. 17.32.070 Signs Concerning Sanitation Regulations. Section 17.32.00E Editor's note for Chapter 17.32. `Removal of beach refuse -- See Chapter 6.04. Disposal of bait -- See Chapter 17.36. Section 17.32.010 Discharge of Excreta. No person shall discharge, or permit or allow any other person on a vessel under his control or command to discharge, any human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay. (Ord. 1090 (part), 1964: 1949 Code § 10500(a)) Section 17.32.015 Vessel Holding Tank Requirements' A. Vessel Wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of Newport Bay unless: • 27 I . Said vessel is also equipped with a holding tank designed to retain all human body wastes deposited in said head or receptacle until such time as said sewage can be discharged into a sanitary sewer system or discharged otherwise in accordance with law; or • 2. Said head or receptacle is connected directly to a sanitary sewer system; or 3. Said head or receptacle is connected to an on -board sewage treatment system which produces an effluent meeting such standards as may be approved by the County Health Officer for discharge into the waters of Newport Bay. B. Marina Pump -Out Facilities. The owner and operator of every commercial marina shall provide a permanent holding tank pump -out facility or equivalent services which are operable and available for use at all times and which are capable of servicing all vessels berthed, docked, or moored at said marina. (Ord. 1440 § 1, 1972) " The provisions set forth in this section shall become effective January 1, 1974. Section 17.32.020 Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from any factory or elsewhere, any refuse matter of any description, into the navigable waters of Newport Harbor or on the shore of Newport Harbor or any navigable water within the boundaries of the City where the same may be washed into Newport Harbor or such navigable water, either by tides, or by floods or otherwise. (Ord. 1090 (part), 1964: 1949 Code § 10500(b)) Section 17.32.030 Refuse and Vessels on Shoreline. No person shall place or allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport Harbor within the City. The Harbor Resources Director Gity-Managef may remove the same with or without notice, at his option, and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the • shoreline, in a civil action. (Ord. 1090 (part), 1964: 1949 Code § 10500(c)) Section 17.32.040 Refuse - Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier, shall keep the area in and around such marina or pier located on the shorelines of Newport Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter at all times. (Ord. 1468 § 1, 1972) Section 17.32.050 Discharge of Flammable Materials. No person shall pump or discharge from any vessel or tank into the waters of Newport Harbor, oil, spirits, or any flammable liquid, or deposit any rubbish, refuse matter or articles of any offensive character therein or upon any pier or street leading to such facility. (Ord. 1090 (part), 1964: 1949 Code § 10501) Section 17.32.060 Dead Animals. No person shall throw, place or leave any dead animal or putrefying matter in the waters of Newport Harbor, or on or along the shore thereof or the shore of any tidewater within the City. (Ord. 1090 (part), 1964: 1949 Code § 10502) Section 17.32.070 Signs Concerning Sanitation Regulations. The owner or operator of any commercial boat docking facility or marina located on the waters of Newport Bay shall install and maintain at his expense in conspicuous locations on the premises thereof standard signs to inform the public of the regulations prohibiting the discharge of toilets on any vessel into the waters of Newport Bay and other provisions of this Title which relate to harbor sanitation. Uniform standards and specifications for the design and general locations of such signs shall be prescribed by the Harbor Commission Jeint HaFbeF GOIFIFIfflittee. Existing commercial boat docking facilities or marinas shall be brought into compliance with the • requirements of this section on or before May 1, 1966. (Ord. 1148 (part), 1966: 1949 Code § 10500.1) 120 Chapter 17.33 PIER FEES` Sections: 17.33.00E Prior history note for Chapter 17.33. 17.33.010 Definitions. 17.33.020 Statement of Policy and Intent. 17.33.030 Pier Fee. 17.33.040 Due Date. 17.33.050 Penalty for Failure to Pay Fees. 17.33.060 Administration. Appeal to City Go-une-H- 47.33.070 Section 17.33.00E Editor's note for Chapter 17.33. Prior ordinance history: Ords. 1322 and 1328. Section 17.33.010 Definitions. As used in this chapter the words defined in this section shall have the following meanings assigned to them, unless from the context it appears that a different meaning was intended. A. "Pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, any other landing facility, and floating dry docks. B. "Waters of Newport Harbor" shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying under the tidal water are privately or publicly owned. C. "City tide and submerged lands" shall mean that area within Newport Harbor granted to the City by the State of California. D. "Commercial pier" shall mean a pier with multiple slips or floats which are rented or leased to boat owners, including any pier used in connection with apartments, marinas, and yacht clubs. For purposes of this chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multi - family dwelling or dwelling units, and structures over the waters of Newport Harbor that are business or income generating in nature shall be deemed commercial. E. "Non - commercial pier" shall mean a pier used for private recreational purposes by the owner or occupant(s) of the abutting upland property without payment of a separate rental or lease fee. (Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971) Section 17.33.020 Statement of Policy and Intent. The City Council finds and determines that: 1. The City of Newport Beach as the grantee in trust from the State of California of most of the tide and submerged lands comprising the developed area of Newport Harbor has the responsibility of administering said lands in conformity with the purposes set forth in the trust and with the accepted standards of equity and management of public lands and resources. 2. In order to carry out its responsibilities, the City must maintain comprehensive records concerning piers and other structures permitted in Newport Harbor, must conduct periodic inspections and enforce all laws and regulations applicable thereto, and must furnish information and account to the State of California for its stewardship of said trust lands. 3. In accordance with the foregoing findings, the City Council determines that all pier owners should pay an annual fee. 4. The revenue resulting from the foregoing fee shall be used exclusively for the administration, maintenance and improvement of the harbor. 5. It is the policy of the City Council that the fees imposed pursuant to this chapter shall not be subject to any change for a period of five years following the effective date thereof. (Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971) 29 • • • Section 17.33.030 Pier Fee. Every owner or permit holder who maintains a pier, any part of which extends into the waters of Newport Harbor, including any pier located on private property, on a dedicated • channel, or County tide and submerged lands, shall pay to the City an annual pier registration fee based upon a schedule established by resolution of the City Council. (Ord. 1852 § 1, 1980: Ord. 1801 § 1 (part), 1979: Ord. 1619 § 1, 1975: Ord. 1387 § 1 (part), 1971) Section 17.33.040 Due Date. All fees established by this chapter shall be due and payable annually on the 1st day of March, or in the case of new installations, upon application for construction. (Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971) Section 17.33.050 Penalty for Failure to Pay Fees. Any owner or permit holder who fails to pay any fee required by this chapter within thirty (30) days after same is due shall be subject to a penalty in the amount of twenty -five (25) percent of said fee on the first day of each month after the due date thereof; provided, however, that the amount of such penalty to be added shall in no event exceed one hundred (100) percent of the amount of the fee due. Failure to pay the fee plus any accrued penalty within one hundred and fifty (150) days after the fee was originally due shall constitute grounds for revocation of the permit by the Harbor Commission Gity-Get"eil. (Ord. 1801 § 1 (part), 1979: Ord. 1667 § 1, 1976: Ord. 1387 § 1 (part), 1971) Section 17.33.060 Administration. The Harbor Resources Director Marine BifeetS shall administer the provisions of this chapter, except for the collection of fees, which shall be the responsibility of the Administrative Services Director Finanee Direets . (Ord. 1801 § 1 (part), 1979: Ord. 1602 § 8, 1975: Ord. 1387 § 1 (part), 1971) Chapter 17.36 LIVE BAIT* Sections: 17.36.00E Editor's note for Chapter 17.36. 17.36.010 Live Bait Receivers Defined. 17.36.020 Requirements for Live Bait Receivers. 17.36.030 Permit Required. 17.36.040 Nonconforming Bait Receivers. 17.36.050 Commercial Bait Boats. 17.36.060 Disposal of Bait. 17.36.070 Transfer of Live Bait. 17.36.080 Suspension or Revocation of Permits. Section 17.36.00E Editor's note for Chapter 17.36. Fishing regulations - See Chapter 11.20. Section 17.36.010 Live Bait Receivers Defined. A live bait receiver is an object for confining live bait which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter 17.24. (Ord. 1090 (part), 1964: 1949 Code § 10503) • 30 Section 17.36.020 Requirements for Live Bait Receivers. All live bait receivers used within the waters of Newport Harbor shall be provided with screen trays in the bottom thereof so as to retain all dead bait within the receiver which can be raised to dispose of the dead bait. All live bait receivers within the City shall also have a screen or solid cover which fits closely unless the receiver is completely covered by a roof. (Ord. 1090 (part), 1964: 1949 Code § 10504) Section 17.36.030 Permit Required. No person shall install or operate within the waters of Newport Harbor or the Pacific Ocean any bait receiver without first obtaining a permit therefore from the Harbor Commission Gity Geuneil. No permit shall be issued until the design of the receiver is approved by the Harbor Resources Director and Building Department Marine Bifeeter. All applications for permits provided for herein shall be made to the Harbor Resources Director and Building Department "Ma;;re Difeete and accompanied by plans showing the design of the receiver and a fee of twenty -five dollars ($25.00). (Ord. 1602 § 10, 1975: Ord. 1286 § 10, 1968: Ord. 1090 (part), 1964: 1949 Code § 10506) Section 17.36.040 Nonconforming Bait Receivers. Storage of live bait other than in a receiver conforming to the requirements hereof is prohibited. After three days' written notice to the owner of a nonconforming receiver, it may be removed by the Harbor Resources Director Gity Manager and stored at the expense of the owner. (Ord. 1090 (part), 1964: 1949 Code § 10506) Section 17.36.050 Commercial Bait Boats. All boats used to catch or furnish live bait shall, at all times, have aboard a covered receptacle in which shall be placed all dead bait. Bait tanks on such boats when containing bait shall be covered at all times when in Newport Harbor by a cover which fits closely over the top except while bait is actually being transferred to or from the tank. (1949 Code § 10507 as amended by Ord. 1090: August 24, 1964) Section 17.36.060 Disposal of Bait. No person shall place or allow to be placed any live or dead bait in the unconfined waters of Newport Harbor except when it is attached to a hook or hooks in the act of fishing. (1949 Code § 10508 as amended by Ord. 1090; August 24, 1964) Section 17.36.070 Transfer of Live Bait. No person shall transfer live bait from one vessel to another vessel or sell the same at retail from a vessel within the limits of Newport Harbor, except when all vessels involved are moored to a pier and are within the pierhead line, except that during a period of adverse conditions of sea or beaches causing the transfer from offshore receivers to be hazardous, a location inside the harbor may be used with the approval of the Harbor Resources Director Gity t agef. (1949 Code § 10509 as amended by Ord. 1090; August 24, 1964) Section 17.36.080 Suspension or Revocation of Permits. A permit for a bait receiver shall be issued for an indeterminate period. Any permit for a live bait receiver shall be revoked by the Harbor Commission Gdy-Geuneil if the receiver is in a state of disrepair, does not comply with the requirements of this chapter, has become a source of pollution of the bay, or is a nuisance or becomes detrimental to persons or property in the vicinity. The permittee shall be given written notice of the intention to revoke the permit at the address shown on the permit not less than fifteen days before the matter is to be considered by the Harbor Commission Giiy- Geaneil. Such notice may be delivered to the permittee personally or by first class mail with postage prepaid. (1949 Code § 10510 as amended by Ord. 1090; August 24, 1964) 31 • • Chapter 17.40 HOUSEBOATS • Sections: 17.40.010 Definitions. 17.40.020 Moorage Restrictions. 17.40.030 Use of Occupancy Requirements.` 17.40.040 Houseboat Marina Permit Required. 17.40.050 Application for Houseboat Marina Permit. 17.40.060 Conditions for Permit Issuance. 17.40.070 Revocation of Houseboat Marina Permit. 17.40.080 Grounds for Revocation. 17.40.090 Administration of Chapter -- Appeal. Section 17.40.010 Definitions. For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the definitions set forth unless it is apparent from the context that a different meaning in intended. Houseboat. The term "houseboat' shall mean a watercraft structure designed primarily to be occupied as living quarters. Houseboat Marina. The term "houseboat marina" shall mean any area within the City covered by the waters of Newport Bay where one or more sites or location are rented or offered for rent for the location of houseboats which are to be used for living quarters either permanently or on a temporary basis. (1949 Code § 8700 added by Ord. 1029; April 22, 1963) Section 17.40.020 Moorage Restrictions. No person shall moor or dock a houseboat on the waters of Newport Harbor except at a pier, slip or dock for which a valid current business license issued by the City is in effect licensing the business of slip rentals or yacht or boat landing. (1949 Code § 8701 added by Ord. 1029; April 22, 1963) Section 17.40.030 Use of Occupancy Requirements' No person shall use or occupy or permit the use or occupancy of a houseboat for living quarters either permanently or on a temporary basis on the waters of Newport Harbor except in a houseboat marina operated pursuant to a permit issued by the Harbor Commission 6ity SeuReil and unless such houseboat meets the following requirements: There is provided within the houseboat not less than six hundred (600) square feet of living area. The houseboat is designed and maintained so there is a single opening above the water line for waste and sewage removal and such opening is tightly connected to a permanent sewer. The houseboat is designed and constructed so that it meets the requirements of the Building Code, Plumbing Code, and the Electrical Code to the extent the provisions thereof are applicable. (1949 Code § 8702 added by Ord. 1029; April 22, 1963) ' For Building, Plumbing and Electrical Codes - -See Title 15. Section 17.40.040 Houseboat Marina Permit Required. No person shall operate a houseboat marina or rent or hold out for rent any site or space for the location of a houseboat to be used or occupied for living quarters either permanently or on a temporary basis without having a current permit for such marina from the City Council. (1949 Code § 8703 added by Ord. 1029; April 22, 1963) Section 17.40.050 Application for Houseboat Marina Permit. Any person desiring to operate a houseboat marina shall file an application for a permit to do so with the City Clerk and submit a fee in an amount to be fixed by the City Council Giiy • Geune" by resolution for processing such application. Such application must be accompanied by a plan showing the location of the proposed marina and the facilities contemplated therein. It shall be submitted to the Harbor Commission Gity Geuncil for consideration at its next regular 32 meeting following the tenth day after the application is filed with the City Clerk. The Harbor Commission Gity�l shall act on such application within sixty (60) days after it is submitted. (1949 Code § 8704) Section 17.40.060 Conditions for Permit Issuance. The Harbor Commission Gity Geuneil shall grant such permit if the following conditions are met: A. The applicant owns or has a lease on the land over which the marina is proposed to be operated. B. There is provided within such marina a minimum of eight hundred seventy-five square feet of space for the exclusive use of each houseboat and its appurtenances to be located therein. co Prior to the time any houseboats are located therein, a permanent float, dock or slip for the mooring or docking of each houseboat from which such houseboat may be directly boarded is constructed. D. Each space intended for a houseboat must be provided with the following: (1) A permanent water supply with an individual antibackflow valve. (2) A sewer connection leading into a permanent sewer. (3) A permanent supply of electricity. E. The marina is in a zoning district of the City where houseboat marinas are permitted or there is a current valid use permit authorizing the houseboat marina at the proposed location. F. There is provided on land adjacent to the marina two parking spaces for each houseboat site within the proposed marina. The Harbor Commission City Geuneil may limit the term of such permit and may impose additional conditions on such permit deemed necessary by the Harbor Commission Gity- Cetwieil to protect the public health, welfare and safety and to promote the general welfare. (Ord. 1029 (part), 1963: 1949 Code § 8704) Section 17.40.070 Revocation of Houseboat Marina Permit. Any permit for a houseboat marina may be revoked by the Harbor Commission Gity Geuneil after written notice to the operator of such marina and an opportunity to be heard before the Harbor Commission Gity Geuneil. Such written notice shall be mailed to the operator of the marina at the address shown on the permit and shall state the date and time the Harbor Commission Gity Geuneil will consider the proposed revocation. (Ord. 1029 (part), 1963: 1949 Code §8705) Section 17.40.080 Grounds for Revocation. The grounds for revocation shall be: A. The houseboat marina no longer meets the conditions under which the permit was granted. B. The houseboat marina has become a source of pollution of the harbor. C. The facilities of the marina or the houseboats located therein have fallen into a state of disrepair. D. Individual houseboats are permitted or maintained within the marina which do not meet the requirements for houseboats established by this chapter. (Ord. 1029 (part), 1963: 1949 Code § 8705) Section 17.40.090 Administration of Chapter -- Appeal. The provisions of this chapter shall be administered by the Harbor Resources Director . Appeals to the provisions of this chapter shall be made in accordance with Chapter 17.42. Any aggFieved 33 • • Chapter 17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR' • Sections: 17.41.00E 17.41.005 17.41.010 17.41.020 17.41.025 17.41.030 17.41.040 17.41.050 17.41.070 17.41.080 17.41.090 17.41.095 17.41.100 17.41.110 17.41.120 17.41.130 Prior history note for Chapter 17.41. Findings and Purpose. Definitions. Permit for Commercial Activities Required. Exceptions. Application for Permit. Filing Fee. Issuance of Permit. Power to Impose Conditions; Hold Harmless. Duration of Permit. Revocation. Appeal. Transfer of Permit. Licenses and Fees not Exclusive. Application to Existing Activities. Misdemeanor -- Public Nuisance. Section 17.41.00E Editor's note for Chapter 17.41. Prior ordinance history: Ords. 1345, 1573, 1602, 1612, 1759 and 1766. Section 17.41.005 Findings and Purpose. In adopting this chapter, the City Council makes the following findings: A. There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over • the waters of Newport Beach; and B. This commercial activity has created an additional demand for available parking and created traffic congestion in and around the waterfront; and C. On occasion, this commercial activity has created an unreasonable level of noise which has interfered with the right of persons who own property on or near Newport Bay to the peaceful enjoyment of their property; and D. This commercial activity has the potential to interfere with the free -flow of boats and vessels operating on waters of Newport Beach and, the potential to increase the amount of pollution litter on and in those waters; and E. In adopting this chapter the City Council intends that the health, safety and welfare of those who use, enjoy and own property near the waters of Newport Beach arc not adversely affected by commercial activities conducted on those waters. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.010 Definitions. A. For the purpose of this chapter, the term "waters of Newport Beach" shall mean all waters within the corporate limits of the City of Newport Beach and within which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying tinder the tidal water are privately or public owned. B. For the purpose of this chapter, the term "commercial activity" shall mean any service, trade, business or occupation carried on, for which any monetary or other valuable consideration is received, or for the purpose of profit. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.020 Permit for Commercial Activities Required. No person shall engage in, or conduct, any commercial activity on the waters of • Newport Beach, unless that person has obtained a permit for such activity pursuant to the provisions of this chapter. (Ord. 84 -29 § 1 (part), 1984) 34 Section 17.41.025 Exceptions. The requirements of this chapter are not applicable to the following: A. Commercial fishing activities; B. Boat repair and maintenance services; • C. Marine construction or contracting services; or D. Any charter carrying six or fewer passengers; or E. Vessels used in conjunction with an exempt activity shall also not be used for office purposes unless such use is specifically authorized via permit issued pursuant to this chapter. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.030 Application for Permit. An application for permit under this chapter shall be filed with the Harbor Resources Director Marine Direeter, upon forms provided by the City, and shall contain the following information, and such other information as the Harbor Commission 64y-6eeneil may require: A. The name, business address and business telephone number of applicant; B. If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business; C. The name, address and telephone number of the person, or persons, who will have general management responsibility for applicant's business; D. A detailed drawing of the boat, watercraft and /or other facilities applicant proposes to use, together with such specifications and other technical data as may be needed for proper evaluation of the application; E. A full description of the proposed method of operation of such vessel, watercraft and /or other facilities, including but not limited to: 1. Hours of operation, 2. Maximum number of patrons or passengers, 3. Route or routes of travel, 4. Embarkation and debarkation points, • 5. Type of activities permitted on- board, 6. Type of merchandise sold; F. A description of the manner in which applicant intends to dispose of sewage, trash and litter resulting from the operation; G. A description of the type of entertainment applicant proposes to provide, if any; H. A description of any sound amplification which applicant proposes to use; I. A description and location of parking facilities available for the proposed operation; J. Other information which may be pertinent to vehicular or marine traffic, parking, noise, pollution. litter, or any other matter which could adversely affect the health. safety and welfare of those who use, enjoy or own property near the waters of Newport Beach. (Ord. 84- 29 § 1 (part), 1984) Section 17.41.040 Filing Fee. An application for a commercial harbor activities permit shall be accompanied by the fee established by resolution of the City Council. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.050 Issuance of Permit. Upon receipt of an application for commercial harbor activities permit, the Harbor Resources Director " Marine DiFeceteF shall investigate the information contained in the application. The Harbor Resources Director MaFii9e DiFeete may refer the application to the Planning Department, Harbor Commission or other appropriate City departments, or to the Orange County Sheriffs Harbor Patrol for investigation, report or recommendation. Except as provided in this section, the Harbor Resources Director MaFine DiFeeteF shall issue the permit upon a determination that approval of the application will not adversely affect • 35 the health, safety or welfare of those who use, enjoy, or own property near the waters of Newport Beach. The Harbor Resources Director ".tee Difeete shall deny the application if: • A. The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of Newport Beach by members of the public, or interfere with the rights of those who own property near the waters of Newport Beach to the peaceful and quiet enjoyment of that property; B. The proposed commercial activity is likely to contribute to the problem of pollution and litter on and in the waters of Newport Beach; C. The vessel or craft to be used by the applicant does not satisfy the applicable standards of the U.S. Coast Guard; D. The proposed commercial activity is likely to create marine traffic congestion, or otherwise interfere with the rights of others to use the waters of Newport Beach; and E. The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies. The Harbor Resources Director Maw DiFeete shall notify Applicant of his decision within ninety (90) days from the date on which the application is submitted. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.070 Power to Impose Conditions; Hold Harmless. In granting any permit pursuant to this chapter, the Harbor Resources Director Marine Direeter, or the Harbor Commission 6Ay--Getw" on appeal, may impose any additional conditions on the permit to ensure that the proposed commercial activity will be compatible with the predominantly recreational character of the waters of Newport Beach, the rights of other persons using the waters of Newport Beach, the interests of residents and property owners whose properties abut or are in close proximity to the waters of Newport Beach, and the • interests of the general public. Any such permit shall contain a provision stating that the permittee shall defend, identify and hold the City, the County of Orange, and the Orange County Harbor District harmless from, and indemnify said agencies against, any claim for damages arising out of the exercise of the permit; in addition, the permittee shall reimburse said agencies for all attorney's fees and other costs which are expended by them in defending against any claim, lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. The Harbor Resources Director or Harbor Commission MaNne DifeeteF EIF Gity Geuneil, on approval or review, shall have the power to impose new conditions or modify existing conditions with regard to any permit issued pursuant to this chapter upon a determination that the operations by permittee, in the absence of the new or modified conditions, does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this chapter shall be valid until terminated or revoked. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.090 Revocation. Any permit granted pursuant to the provisions of this chapter may be revoked, by the Harbor Resources Director Marine $ireeteF, in whole or in part, upon fifteen days prior written notice to permittee, directing the permittee to appear at the time, date and place specified in the notice to show cause why the permit shall not be revoked. The notice shall specify the reasons for the proposed action. A permit may be revoked on any of the following grounds: A. That the permit holder has made a misrepresentation as to any material fact set forth in the application; • B. For violation of any law, rule or regulation of the United States, the United States Coast Guard, The State of California, the City of Newport Beach, the County of Orange or the W Orange County's Sheriffs Harbor relating to the commercial activities authorized by any permit issued pursuant to this chapter; C. That the commercial activities of permittee adversely affect the health, safety or welfare of those who use, enjoy or own property near the water of Newport Beach; • D. That the commercial activities of permittee fall within the criteria for denial of an application, as set forth in subparagraph (A), (B), (C), (D) or (E) of Section 17.41.050; E. The permittee has discharged or has permitted or allowed any other person on a vessel operating under his permit to discharge any human or animal excreta from any head, toilet, holding tank or similar facility into waters of Newport Bay. (Ord. 94 -34 § 1, 1994: Ord. 84- 29 § 1 (part), 1984) Section 17.41.095 Appeal. Appeals to the provisions of this chapter shall be made in accordance with Chapter 17.42 Section 17.41.100 Transfer of Permit. No permit issued pursuant to the provisions of this chapter shall be transferable either • by assignment, sale, hypothecation, operation of law or otherwise without permission of the Harbor Commission Gity- Geaneilhaving first been obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the Harbor Commission Gitt Geuneil may impose such conditions as it may determine are in the public interest. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.110 Licenses and Fees not Exclusive. Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code or any other provision of law. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.120 Application to Existing Activities. The commercial activities of those holding permits issued prior to the effective date of this chapter may be continued to the extent authorized by permit or prior ordinances, but the permittee shall not increase, or expand activities beyond those which are conducted on the effective date of this chapter, unless an amendment to the permit has been approved by Harbor Resources Director or Harbor Commission the MaFane DaFeeteF eF Gity Geuneil on appeal. Any person, firm, corporation or other entity conducting any commercial activity on the waters of Newport Beach on the effective date of this chapter, who does not possess a valid permit issued pursuant to this chapter, shall apply to the City for such a permit not later than ninety (90) days from the effective date of this chapter. (Ord. 84 -29 § 1 (part), 1984) Section 17.41.130 Misdemeanor -- Public Nuisance. A. Any person violating the provisions of this section shall be guilty of a misdemeanor. Any person convicted of a violation of this section shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County jail for a • period not to exceed six months, or by both such fine and imprisonment. A person violating the 37 provisions of this chapter shall be guilty of a separate offense for each day during which any violation is committed. B. In addition to the penalties • permitted to exist in violation of any of the nuisance. (Ord. 84 -29 § 1 (part), 1984) provided in subsection (A), any condition caused or provisions of this Section shall be deemed a public Chapter 17.42 APPEALS Sections: 17.42.010 Authorization to Appeal and Calls for Review. 17.42.020 Time Limits for Appeals and Calls for Review 17.42.030 Initiation of Appeals and Calls for Review. 17.42.040 Procedures for Appeals and Calls for Review. Section 17.42.010 Authorization to Appeal and Calls for Review Decisions of the Harbor Resources Director resulting from the Director's administration of Chapters 17.22, 17.23, 17.40, or 17.41 may be appealed to the Harbor Commission by any interested person. Decisions of the Harbor Commission relating to Chapters 17.22. 17.23, Section 17.42.020 Time Limits for Appeals and Calls for Review A. Appeals. Appeals shall be initiated within fourteen (14) days of the decision. B. Calls for Review. Calls for review shall be initiated within fourteen (14) days of the • decision. Section 17.42.030 Initiation of Appeals and Calls for Review. A. Filing of Appeals. Appeals of decisions of the Harbor Resources Director shall be made in writing to the Harbor Resources Director. B. Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council. C. Calls for Review. Calls for review by the Harbor Commission may be initiated by any Council member. D. Effect on Decisions. Decisions that are appealed or called up for review shall not become effective until the appeal or review is resolved. the appellate or reviewing body within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date. B. Notice and Public Hearing. An appeal or call for review hearing shall be a public . being appealed or reviewed. RE that were the subject of the original decision. D Hearing At the hearing the appellate or reviewing body shall review the record of the decision and hear testimony of the appellant the applicant and any other interested party. when affirming modifying or reversing the original decision. reversed the appellate or reviewing body shall state the specific reasons for modification or reversal Decisions on appeals or review shall be rendered within of a city Council decision Such notice shall be mailed within five working days after the date of the decision to the applicant and the appellant. • SECTION _: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. • SECTION _: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 20_, and adopted on the _ day of 20_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS 11TA P ATTEST: 39 •