Loading...
HomeMy WebLinkAbout752 - Harbor Regulations• 9 • ORDINANCE 752 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10110 OF ARTICLE X OF THE MU- NICIPAL CODE ENTITLED " H A R BOR REGULATIONS AND GOVERNING SPEED REGULATIONS AND RATE OF SPEED." The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 10110 of Article X of the Municipal Code of the City of Newport Beach, be and the same is hereby amended to read as follows: "Section 10110. Speed Regula- tions —Rate of Speed. "1. The term motor boat as used in this section shall mean and include any and all vessels or watercraft wholly or partially propelled by naptha, gasoline or other motive power. "2. Except as herein otherwise provided, no person in command of any motor boat shall operate same or permit the same to be operated in any portion of New- port Harbor at a rate of speed in excess of 5 nautical miles, per hour. "3. For the purposes of this section, that portion of Upper Newport Bay lying northerly of a line that bears north 87° 18' 19" east from Station 125 of the ordi. nary high tide line as established in 1926 by Court Decree No. 20436 of the Superior Court of Orange County, California, shall be known and designated as Upper Newport Bay." "4. A part of said 'Upper New- port Bay' shall be separately known and designated as "Dis- trict I' and 'District II.' District I shall be that portion of said 'Upper Newport Bay' lying north- erly of a straight line between Station 43 and Station 95 of the ordinary high tide line as estab- lished in 1926 by Court Decree No. 20436 of the Superior Court of Orange County, California. Dis- trict II shall be that portion of -said. 'Upper Newport Bay' lying between a line that bears north .� 87 -1S" 19" ea5lrom Station 125 _ of�the ordinary -high tide line as established in 1926 by Court De. cree No. 20436 of the Superior Court. of Orange County, Cali - j fornia and a, straight line be- tween Station 95 and Station 43 -of,the ordinary high tide line as established -by said Court Decree, and extending north to District I. "5. It shall be the duty of the Harbor Master to post and to keep continuously posted at the intersection of said lines with the shore line on both sides of the channel suitable signs designa- ting the westerly and southerly boundaries of the areas herein described. "6. Within District I of 'Upper Newport Bay' as herein described, which shall be exclusively for water skiing except as herein- after provided, between the hours of 11 a.m. and sunset it shall be unlawful and a violation of this ordinance: "(a) For any person to operate or cause to be placed therein or thereon any vessel or water craft other than a motor boat eighteen feet (18') or less in length and with unobstructed operator's view, except pursuant to a spe- cial permit to hold a boat race granted pursuant to the provi- sions of Section 2 of this Ordi- nance. "(b) For any person to operate a motor boat in other than a' counter - clockwise traffic pattern, except when specifically directed otherwise by the Harbor Master. "(c) For any person to operate a motor boat at a speed in ex- cess of 35 nautical miles per hour. "(d) For any person to operate a motor boat manned by less than two (2) persons when such boat is towing any object, struc- ture or person. "(e) For any person operating a motor boat to overtake in the wake of or follow in the wake of another motor boat at a distance of less than two hundred feet (200'), when such latter motor boat is engaged in towing any object, structure or person. "(f) For any person operating a motor boat to fail to yield the right -of -way to the operator of another motor boat which is en- gaged in towing any object, struc- ture or person. "(g) For any person operating a motor boat to tow more than two (2) persons at one time. "(h) For any person operating a motor boat to employ when towing any object, structure or person, a towline in excess of seventy -five feet (75') in length. "(i) For any person to engage in swimming or wading for the purpose of recreation, except in areas which may be designated as swimming areas by resolution of the City Council, the limits of which areas shall be plainly marked by appropriate signs posted by the Harbor Mas- ter. "(j) For any person to operate or cause to be placed therein or thereon any motor boat unless the same is equipped with a fire extinguisher of a type approved by the United States Coast Guard and life saving equipment of a type approved by the United States Coast Guard for each per- son transported therein. "(k) For any person to operate a motor boat in the narrow chan- nel westerly of that certain island described as Lot 2, Section 26, Township 6 South, Range 10 West, S. B. B. & M., and which is located southwest of 'Upper Bay Ramp.' "(1) For any boat operator to enter from the North into the channel east of that certain island described as Lot 1, Section 23, Township 6 South, Range 10 West, S.B.B. &M., and which is located North of 'Upper Bay Ramp.' "(m) For any person opera- ting a motor boat to commence towing a water skier against the counterclockwise traffic pattern, and when at a boat launching ramp from other than a designa- ted 'take —off' area, provided that the operator of a motor boat may pick up and launch afallen skier in the water, if he can do so with- out disturbing the counterclock- wise traffic pattern of any other motor boat towing a skier. "(n) For any person operating a motor boat with a skier in tow who has fallen in taking off from the ramp area to circle back without first going in a counter- clockwise direction around the two buoy pattern at the ramp area. "(o) For any skier to drop his towline and terminate his skiing in a boat ramp area other than at the designated 'landing area' at said ramp. "(p) For the observer in a motorboat whose skier has fallen, and for the observer in a motor boat approaching a fallen skier, to fail to immediately raise one arm vertically upon observing the fallen skier in the water." "7. Within District II of 'Upper Newport Bay' as herein described, between the hours of 11 a.m. and sunset it shall be unlawful and a violation of this ordinance: "(a) For any person to operate or cause to be placed therein or thereon any vessel or water craft other than a motor boat eighteen feet (18') or less in length and with unobstructed operator's view, except pursuant to a spe- cial permit to hold a boat race • • granted pursuant to the provi- sions of Section 2 of this Ordi- nance. "(b) For any person to operate a motor boat in other than a counter - clockwise traffic pattern, except when specifically directed otherwise by the Harbor Master. "(c) For any person to operate a motor boat at a speed in excess of thirty -five (35) nautical miles per hour. "(d) For any person to engage in swimming or wading for the purpose of recreation, except in areas which may be designated as swimming areas by resolution of the City Council, the limits of which areas shall be plainly marked by appropriate signs posted by the Harbor Master. "(e) For any person to operate or cause to be placed therein or thereon any motor boat unless the same is equipped with a fire extinguisher of a type approved by the United States Coast Guard and life saving equipment of a type approved by the United States Coast Guard for each per- son transported therein. "(f) For any person to operate a motor boat in the narrow chan- nel westerly of that certain island described as Lot 2, Section 26, Township 6 South, Range 10 West, S.B.B. & M., and which is located southwest of 'Upper Bay Ramp: "(g) For any person operating a motor boat to tow a water skier or engage in any type of water skiing whatsoever. "8. It shall be unlawful and a violation of this ordinance for any vessel or water craft of any kind in excess of eighteen feet (18') in length to enter either District I or District II during the hours commencing 11 a.m. and ending at sunset. SECTION 2. The City Council V - may, when it deems the occasion warrants, grant a special permit . to hold a boat race in the course of which, unmuffled engines may be used by the contestants upon the waters of Newport Harbor along and over certain courses situated in the waters of said harbor; and provided further that such special permit of said City Council shall be for a period of time not exceeding ten days in all of any calendar year here- after, and shall not exceed eight hours of any calendar day, the entire period of time for which such special permit is granted.to fall bethveen the hours of eight 'o'clock a.m. and five o'clock p.m. SECTION 3. The provisions of this ordinance as provided for in paragraphs 6 and 7 hereof shall not apply to commercial or busi- ness craft having a legitimate business to conduct in either of said Districts during the hours set forth in paragraphs 6 and 7, provided, however, that such craft shall first apply for and re- ceive in writing permission- to enter said Districts from the Har- bor Master, and provided further, that in the event that such per- mission is received, then such craft shall be limited to a rate of speed not in excess of three nautical miles per hour. SECTION 4. The time referred to in paragraphs 6 and 7 hereof shall be Standard Time, except when Daylight Savings Time is in force in the State of California, during which time the time refer- red to shall be deemed to be Daylight Savings Time. SECTION 5. This ordinance is hereby declared by the City Council to be necessary as an emergency measure for preserv- ing the public peace, health or safety for the following reasons: That the area of Newport Har- bor described in Districts I and II hereof was recently annexed to the City of Newport Beach and that prior to such annexation, water skiing and motor boat speeds in excess of the speed reg- ulations of the City of Newport Beach were permissible in said Districts, and were extensively used for water skiing and for the propelling of motor boats in ex- cess of five nautical miles per hour by the public generally; that said Districts are now used continuously by operators of motor boats and water skiers, and unless this ordinance is adopted as an emergency ordi- nance regulating the operation of motor boats and skiing in said Districts, the City of Newport Beach will have no ordinance permitting skiing or the opera- tion of boats in excess of five nautical miles per hour during the hours herein prescribed. SECTION 6: That this ordi- nance shall take effect immedi- ately upon the passage thereof and shall be published once in the Newport Harbor Ensign, a newspaper of general circulation, printed and published and circu- lated in the City of Newport Beach. The above and foregoing ordi- nance was introduced and adopted at a special meeting of the City Council of the City of Newport Beach held on the 23rd day of June, 1955, by the follow- ing vote, to wit: AYES, COUNCILMEN: Bennett, Wilder, MacKay, Stoddard, Hig- bie, Hill. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: Rid - derhof. DORA O. HILL ATTEST: Mayor MAE L. HOIT City Clerk. STATE OF CALIFORNIA COUNTY OF ORANGE I SS. CITY OF NEWPORT BEACH I, ------------------ Mae L, _Holt -- Acting -------------- ----------------------- City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ---------- Qr(linanae ------------------------------------------------- No..---- - -.75, was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ------- z.3?'a ------- day, of --------------- June --------------------------------------- 19. 55 by the following vote: AYES: COUNCILMEN ---------- • NOES: COUNCI i • ABSENT: COUNCILMEN --- idderhof- --------- - - - - -- Dated this ..... 6th ----------- day of ------------ July..... NB 130 - 500-6/51 1X�, - -- - - ...... t, - - °---- City Cer anx- Officio Clerk of the City Council, City of Newport Beach, State of California