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HomeMy WebLinkAbout391 - Moorings and Newport HarborORDINANCE NO. 391 \N ORDINANCE OF THE CITY OF NEWPORT BEACH, - - -- - AMENDING ORDINANCE NO. SECTION 2. Ordinahce No. l8o of the mooring. 180 OF THE CITY OF NEW- of the City of Newport Beach is,. (c) Mooring buoys shall be PORT BEACH, BY AMEND- hereby amended by adding new', so constructed that some por- ING SECTION 26 THEREOF, sections thereto to be known 88 tion thereof shall extend out AND ADDING NEW SEC- Section 1%, Section 27 -a, Section the water for least five of st TIONS TO BE KNOWN AS, 27 -b, Section 27 -c, Section 27 -d, 1, es I n ches, at all times. (shall SECTION 14, SECTION 27 -a Section 27 -e, Section 27 -f, Section (d) There be painted SECTION 27 -b, SECTION 27 -C, 27 -g, Section 27 -h, Section 27 -1,1 on the buoy and be legible at SECTION 27 -d, SECTION 27 -e, Section 27 -j, Section 27 -k, Section all times, the number allncst. SECTION 27 -f, SECTION 27 -g, 24 -1, and Section 27 -m, to read ed to the mooring by the Har- SECTION 27 -h, SECTION 27.1, m follows: bor Master of the City of SECTION 27 -J, SECTION 27 -k. SECTION 1%. The word, Newport Beach, and the Har- $ECTION 27 -I, and SECTION •mooring' as used in this ordin -I bor Master has in this connec- 27•m. ! ance is any weight, chain, rope, i tion the right and duty of al- - float, structure, and /or appliance!„ locating a number to each i used by a vessel for anchoring mooring in said Newport The City Council of the City of I purposes, and which is not carried Harbor. Newport Beach do ordain as fol -' nerd such vessel as regular (e) Painters, chains and lows, to -wit: equipment when under way. fastenings on ,buoys shall be r.l SECTION I. Section 26 of Or- SECTION 27 -a. It shall be un- I kept in good and servi0eable •I Nuance No. 180 of the City of lawful to place, erect or construct condition at all times and ,port Beach is hereby amend- moorings in the waters under the;, shall >>9 so arranged that ed to read as followdi jurisdiction of the City of Newport t when dropped they will Inn - "Section M. All stray vessels, Beach before a permit shall have mediately sink. timber or other ' articles found been issued by the Harbor Mae - SECTION 27.d. No permit within Newport Harbor, not in the ter of the City of Newport Beach. I shall -be issued by the Harbor Mas - lawful possession or control of SECTION 27 -b. It shall be un- ter for a mooring until plans and Home person, shall be immediately lawful to moor or anchor a vessel specifications for said mooring alelivered up to the Harbor Mas- I` in Newport Harbor within the have been submitted to him, by ter and in whose custody they', jurisdiction of the City of New- the applicant, showing the con - shall remain until claimed by the! port Beach, until such anchorage struction of said proposed moor - proper owners, Who shall pay all or mooring place shall have been tag, together with the location,. I expenses incurred by the Harbor first approved by the Harbor Mas - and said plans and apex Master in connection therewith, ter of the City of Newport Beach. ifica io ifications, and location shall have ! Including a charge for keeping and and SECTION 27 -c. ZL shall be un- been ftrst approved by the Her - storing the same, and and if to erect or construct any bor Master. j pessels, timbers or other articles mooring unless the same shall 8RCTION 27 -e: Any permit is- are not claimed within sixty days, substantially conform to the fol- sued by the Harbor Master shall 'and the charges paid as herein ilowing specifications: provide 'in effect that said per -' provided for, the Harbor Master! (a) All moorings shall be of mit shall be cancelled at any time way proceed to sell said property', metal or concrete and metal, � by giving at least ten (10) days not less than 60% metal by the Harbor Master upon giv- previous notice of said sale by ad -, to 40% concrete. tug a five days written notice to vertising by one (1) insertion in (b) All chains and fasten- !, the occupant, of said canceller -� tion, and upon said permit being Newport News, a weekly news -'I ings shall be of sufficient size cancelled, it shall be the duty of paper printed and published in the; to stand a b.-aking strain of the occupant of said mooring to City of Newport Beach. Said no -' at least six times the weight immediately remove the same, and tice to describe the property Jbrlefly and to give the place, hour send day of sale. 140 if he $-hall fail, neglect- or refuse to remove the same, said mooring SECTION 27-i. It shall be un= oY competent urisdiction. j :may be removed by the Harbw lawful for any person to obstruct SECTION 3. Any person, nat- Master and the costs thereof shall the free and easy access to and ural or artificial, who shall do be paid by the occupant of said departure from any portion of any any act or aid or abet in the do- mooring place, and the same may public landing, pier or wharf at ing of any act by another person, 1 be Collected in any court of any time natural or artificial, shall be de- petent permit Said permit SECTION 27 -j. It shall be un- clared unlawful by this ordinance, shall further provide in effect that ether tuft lawful for automobiles, or other or who shall fail to do, at the time the Harbor Master may In his dis- vehicles to eater upon a public. and in the manner in this ordin -� cretion permit vessels to use an wharf, pier or landing except to ance specified, anything therein re -; unoccupied mooring for guest discharge or load freight or pass- quired of him to be' done, or shall] vessels. Said permit shall further en era, and ft shall be unlawful I� g violate an of the Y provisions of i provide that any mooring not for any such vehicle remain landing, this ordinance, shall be daemon deemed used b the owner, for y period upon any such , pier or guilty of a misdemeanor, and upon time greater than three (3)° wharf except while actual] di P Y conviction conviction thereof shall be pun - months, may be removed by the�l charging or loading, and it shall ished by, a fine not exceeding Harbor Master. be unlawful at all times to leave Three Hundred Dollars ($900.00) SECTION 27 -f. It shall be un- any materials of any description. or by imprisonment not exceeding lawful for anyone to use a moor- or kind upon or on any pier, wharf ninety (90) days, or by both such ing except by permission of the I or landing. Vehicles ready to load fine and imprisonment. Harbor Master. .shall have preference over those SECTION 4. This ordinance SECTION 27 -g. Any person ready to disCharge, and no vehicle I shall be published once in New - who drives or operates any vessel shall block the approach to such ;port I News, a newspaper of gen- upon the waters of landings or prevent the free and eral circulation printed, publish. Harbor within the jurisdiction of eaky access thereto. : ed and circulated in the city of I'. the City of Newport Beach in so SECTION 27 -k. It shall be un- J Newport Beach, and shall take ef- reckless a manner as to indicate lawful for any person to wilfully feet and be in force thirty days either a willful or a wanton dis- or carelessly destroy, damage, dis- after its passage, regard for the safety of persona turb, deface or interfere with any The foregoing Ordinance No. or property, shall be guilty of buoy, float, life preserver, sign, �; 391 was Passed at a regular meet - reckless driving and upon convic. notice or any other municipal Ing of the City Council of they tion shall be punished by tmpris- property whatsoever under the City of Newport Beach held on' onment in the City Jail of the City'; jurisdiction of the City of New- the 10th day of February, 1981,' of Newport Beach or in the Coun -' port Beach. and on said day was signed and ty Jail of Orange County, for ,a SECTION 27 -L Every person 1. approved by the Mayor of said period of not less than , five (5). and every vessel responsible for City Council, and was passed by days or more than thirty (3W any damage to any municipal) the following vote, to-wit: days, or by a fine of not less than property of any kind or character Ayes, Councilmen: HILMER, $25.00, or more than $250.00, or under the jurisdiction of the City CLAIRE, ELLSWORTH, GAR - by both such fine and Imprison- of Newport Beach shall be held .FIELDo JOHNSON. ment. liable for and charged with the Noes, Councilmen: NONE. SECTION 27 -h. It shall be qn- costs and expenses of replacement Absent, Councilmen: NONE. lawful to drive stakes, poles, piles; ! or repair of the property so dam- Signed and approved by me' ,up- rights, irons or sticks into the' aged or destroyed. The expense of this 18th day of February, 1931. lands underneath the navigable, I repairing such damage will be MARCUS J. JOHNSON, • waters of Newport Harbor,, charged against the person or Mayor of the City of whether said lands are privately (vessel responsible therefor and Newport Beach.; or publicly owned. It is further I the same may be collected n any i Attest: ALFRED SMITH, declared unlawful to place, erect eourt of competent jurisdiction. City Clerk or the City or construct piers, wharfs or I SECTION 27 -m. It shall be un- of Newport Beach. structures, or other obstructions in lawful to allow vessels, boats, ma- said waters of Newport Harbor, I tertals, garbage, refuse, timber or whether the lands ars publicly or I waste matter of any description privately owned. without a permit to remain on or upon the shore so to do from the City Council of lines of the Pacific Ocean or on i the City of Newport Beach, which the shore lines of Newport Har- 'permit shall not be granted by her, within the jurisdiction of the said City Council, except in ac- City of Newport Beach, and any cordance with the rules and regu- person, firm or corporation violat- lations of said City . concerning the ing this provisions shall be sub - placing of said piers, wharf$, ject to the penalty provided for structures or obstructions as they hereafter in this ordinance, and shall exist at the present time, and in addition thereto, the Harbor no permit shall be issued except Master may remove the same with that the Party applying therefor or without notice, at his option, shall Wee to comply with all the and the expense of removing the rules and regulations of the City same shall be on the party liable ! Council, whether written or not, - therefor, and any cost of remov- �as they shall exist at the present ing the same may be recovered by time, or such other or further the City of Newport Beach rules or regulations, whether writ- against any guilty party, in any ten or otherwise, as the City 'Council of said city may from time to time formulate, It Is fur. „aer ueclared unlawful for Any ,one to place floats, rafts or any obstruction of whatsoever nature, description or kind, in the waters under the jurisdiction of the City of Newport Beach, without obtain - fag a permit so to do from the City Council as provided for la ,this section. -- - I, Alfred Smith, Clerk of the City of Newport Beach, do hereby certify that the foregoing Ordinance No. 391 is a true and correct copy of an Ordinance passed by the City Council.at a regula: meeting held on the 16th- day,6f'Yebrt}ary, 1931, and that same was printed and published according to law. Q Citv fb erk of Newoort Beach