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• <br />9 <br />• <br />ORDINANCE 752 <br />AN ORDINANCE OF THE <br />CITY OF NEWPORT BEACH <br />AMENDING SECTION 10110 <br />OF ARTICLE X OF THE MU- <br />NICIPAL CODE ENTITLED <br />" H A R BOR REGULATIONS <br />AND GOVERNING SPEED <br />REGULATIONS AND RATE <br />OF SPEED." <br />The City Council of the City of <br />Newport Beach does ordain as <br />follows: <br />SECTION 1: Section 10110 of <br />Article X of the Municipal Code <br />of the City of Newport Beach, be <br />and the same is hereby amended <br />to read as follows: <br />"Section 10110. Speed Regula- <br />tions —Rate of Speed. <br />"1. The term motor boat as <br />used in this section shall mean <br />and include any and all vessels <br />or watercraft wholly or partially <br />propelled by naptha, gasoline or <br />other motive power. <br />"2. Except as herein otherwise <br />provided, no person in command <br />of any motor boat shall operate <br />same or permit the same to be <br />operated in any portion of New- <br />port Harbor at a rate of speed in <br />excess of 5 nautical miles, per <br />hour. <br />"3. For the purposes of this <br />section, that portion of Upper <br />Newport Bay lying northerly of a <br />line that bears north 87° 18' 19" <br />east from Station 125 of the ordi. <br />nary high tide line as established <br />in 1926 by Court Decree No. <br />20436 of the Superior Court of <br />Orange County, California, shall <br />be known and designated as <br />Upper Newport Bay." <br />"4. A part of said 'Upper New- <br />port Bay' shall be separately <br />known and designated as "Dis- <br />trict I' and 'District II.' District <br />I shall be that portion of said <br />'Upper Newport Bay' lying north- <br />erly of a straight line between <br />Station 43 and Station 95 of the <br />ordinary high tide line as estab- <br />lished in 1926 by Court Decree <br />No. 20436 of the Superior Court <br />of Orange County, California. Dis- <br />trict II shall be that portion of <br />-said. 'Upper Newport Bay' lying <br />between a line that bears north <br />.� 87 -1S" 19" ea5lrom Station 125 <br />_ of�the ordinary -high tide line as <br />established in 1926 by Court De. <br />cree No. 20436 of the Superior <br />Court. of Orange County, Cali - <br />j fornia and a, straight line be- <br />tween Station 95 and Station 43 <br />-of,the ordinary high tide line as <br />established -by said Court Decree, <br />and extending north to District I. <br />"5. It shall be the duty of the <br />Harbor Master to post and to <br />keep continuously posted at the <br />intersection of said lines with the <br />shore line on both sides of the <br />channel suitable signs designa- <br />ting the westerly and southerly <br />boundaries of the areas herein <br />described. <br />"6. Within District I of 'Upper <br />Newport Bay' as herein described, <br />which shall be exclusively for <br />water skiing except as herein- <br />after provided, between the hours <br />of 11 a.m. and sunset it shall be <br />unlawful and a violation of this <br />ordinance: <br />"(a) For any person to operate <br />or cause to be placed therein or <br />thereon any vessel or water craft <br />other than a motor boat eighteen <br />feet (18') or less in length and <br />with unobstructed operator's <br />view, except pursuant to a spe- <br />cial permit to hold a boat race <br />granted pursuant to the provi- <br />sions of Section 2 of this Ordi- <br />nance. <br />"(b) For any person to operate <br />a motor boat in other than a' <br />counter - clockwise traffic pattern, <br />except when specifically directed <br />otherwise by the Harbor Master. <br />"(c) For any person to operate <br />a motor boat at a speed in ex- <br />cess of 35 nautical miles per <br />hour. <br />"(d) For any person to operate <br />a motor boat manned by less <br />than two (2) persons when such <br />boat is towing any object, struc- <br />ture or person. <br />"(e) For any person operating <br />a motor boat to overtake in the <br />wake of or follow in the wake of <br />another motor boat at a distance <br />of less than two hundred feet <br />(200'), when such latter motor <br />boat is engaged in towing any <br />object, structure or person. <br />"(f) For any person operating <br />a motor boat to fail to yield the <br />right -of -way to the operator of <br />another motor boat which is en- <br />gaged in towing any object, struc- <br />ture or person. <br />"(g) For any person operating <br />a motor boat to tow more than <br />two (2) persons at one time. <br />"(h) For any person operating <br />a motor boat to employ when <br />towing any object, structure or <br />person, a towline in excess of <br />seventy -five feet (75') in length. <br />"(i) For any person to engage <br />in swimming or wading for the <br />purpose of recreation, except in <br />areas which may be designated <br />as swimming areas by resolution <br />of the City Council, the <br />limits of which areas shall be <br />plainly marked by appropriate <br />signs posted by the Harbor Mas- <br />ter. <br />"(j) For any person to operate <br />or cause to be placed therein or <br />thereon any motor boat unless <br />the same is equipped with a fire <br />extinguisher of a type approved <br />by the United States Coast Guard <br />and life saving equipment of a <br />type approved by the United <br />States Coast Guard for each per- <br />son transported therein. <br />"(k) For any person to operate <br />a motor boat in the narrow chan- <br />nel westerly of that certain <br />island described as Lot 2, Section <br />26, Township 6 South, Range 10 <br />West, S. B. B. & M., and which is <br />located southwest of 'Upper Bay <br />Ramp.' <br />"(1) For any boat operator to <br />enter from the North into the <br />channel east of that certain <br />island described as Lot 1, Section <br />23, Township 6 South, Range 10 <br />West, S.B.B. &M., and which is <br />located North of 'Upper Bay <br />Ramp.' <br />"(m) For any person opera- <br />ting a motor boat to commence <br />towing a water skier against the <br />counterclockwise traffic pattern, <br />and when at a boat launching <br />ramp from other than a designa- <br />ted 'take —off' area, provided that <br />the operator of a motor boat may <br />pick up and launch afallen skier <br />in the water, if he can do so with- <br />out disturbing the counterclock- <br />wise traffic pattern of any other <br />motor boat towing a skier. <br />"(n) For any person operating <br />a motor boat with a skier in tow <br />who has fallen in taking off from <br />the ramp area to circle back <br />without first going in a counter- <br />clockwise direction around the <br />two buoy pattern at the ramp <br />area. <br />"(o) For any skier to drop his <br />towline and terminate his skiing <br />in a boat ramp area other than <br />at the designated 'landing area' <br />at said ramp. <br />"(p) For the observer in a <br />motorboat whose skier has fallen, <br />and for the observer in a motor <br />boat approaching a fallen skier, <br />to fail to immediately raise one <br />arm vertically upon observing <br />the fallen skier in the water." <br />"7. Within District II of 'Upper <br />Newport Bay' as herein described, <br />between the hours of 11 a.m. and <br />sunset it shall be unlawful and <br />a violation of this ordinance: <br />"(a) For any person to operate <br />or cause to be placed therein or <br />thereon any vessel or water craft <br />other than a motor boat eighteen <br />feet (18') or less in length and <br />with unobstructed operator's <br />view, except pursuant to a spe- <br />cial permit to hold a boat race <br />