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HomeMy WebLinkAbout754 - Harbor RegulationsAFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, County of Orange, BEN REMICK of the said County, being duly sworn, deposes and says: THAT ............he is and at all times here mentioned was a citizen of the United States, over the age of eighteen years, and that ............... he is not a party to, nor interested in the above entitled matter; that ------------ - - - - -- he is the * ............. ..... ..... ............................... printer of the Newport Harbor News Press, a newspaper of general circulation, printed and published in the City of Newport Beach, County of Orange, and which newspaper has been adjudged a newspaper of general cir- culation by the Superior Court of the County of Orange, State of California, under date of October 22, 1954, Case Number A 24831;, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 20 all in the year 19 --- 5 - - -- ........................ ..................... .......... ........_.... ................. ._ ......... ...... *Printer Foreman of the Printer or Principal Clerk of the Printer. Subscribed and Sworn to before me this ...... _.... ._. _20th day of ............................ July- ......... 19.55. - - -- .. . i - (SEAL) Notary Public in and for said County and State. My Commission Expires ............................................... November- ._lb. --..., 19-51 ....... � 2 This space is for the County Clerk's Filing Stamp Affidavit of Publication of ".5. 1„ aL;:❑ 'ue the duty of the ORDINANCE N'O. 754 _ to pgsc and w keep &N OH DISH N -C -E OF THE continuously posted at the inter - CITY OF NEWPORT BEACH section of said lines with the shore, AMENDING SECTION 10110 .line, on both sides of _the channel, OF ARTICLE. X OF THE '2111:N- l suit2ble signs designating the west- I ICIPAL CODE E N T I T L E D erly and sol:therly boundaries of "HARBOR REGULATIONS ""'the areas herein (iescribod. j AND GOVERNING SPEED "6. Within District I of 'tipperI REGULATIONS AND RATE Fe Newport Bay' as herein described, OF SPEED." F which shall he exclusively for Wa -; The City Council of the City of , ter saaing except as hereinafter l Newport Beach does ordain as fol -:� provided, between the hours of I lows: Fh 11:00 a.m. and sunset, is small be' SECTION 1: Section 10110 of unlawful and a violation qE this Article X of the Municipal Code of ordinance: " the City of Newport Beach, be and "(a) For any person to operate; the same is hereby amended to or cause to be placed therein or: read as follows: thereon any vessel of water craft "Section 10110. Speed Regula- other than a Motor boat eighteen! tions —Rate of Speed. (18') feet or less in length and with) "1. The term motor boat as used unobstructed operator's view, ex -' in this section shall mean and in- cept pursuant to a special permit elude any and all vessels of water to hold a boat race granted pur- craft wholly or partially propelled 'suant to the provisions of Section; by naptha, gasoline or other mo- +2 of this Ordinance . tive power. "(b) For any person to operate "2. Except as herein 'otherwise a motor boat in other than. a� provided,, no person in command counter- clockwise traffic pattern,: of any motor boat shall operate except when specifically directed; same or permit the same to be otherwise by the Harbor Master. ,operated in any portion of New- "I c) For any person to operate port Harbor at a rate of speed in I a motor boat at a speed in excess excess of 5 nautical miles per hour. of 35 nautical miles per hour. "3. For the purposes of this sec- "(d) For any person to operate tion, that portion of Upper New- a motor boat manned by less than (port Bay lying Northerly of a line two (2) poisons when such boat that bears North..87° 18' 10" East is towing any object, structure or from Station 139: of the ordinary pel son. high tide line as established in "(e) For, any person operating 1926 by Court Decree No. 20436 a motor overtake in the of the Superior Court of the Coun- wake of w in the wake of, Onittwo anothoat at a distance ty of Orange, State of California, - of lass hundred feet shall be known and designated as :. (200'). when such latter motor boat I 'Upper Newport Bay.' 11 its engaged in towing any object,' 4. A part of said tipper New- structure or person. -port Bay' shall be separately ^(f) For any person operating' known and designated as 'District a motor boat to fail to yield the, I' and 'District H'. District I shall be righ L -of -way to the operator of an -' that portion of the waterway of other motgrg,boat which is engaged the Upper Newport Bay lying in towing, y object, structure or �northeriv of the boundary line of person. ;xy,i•:,- ,the Ci;y of Newport Bea rh be- ( F6 person operating tween Stations 16 -A and 25 of the � boat a motor or booat to tow more than ardinary high tide line as establish- two (2) persons at one time. ed by Court Decree No. 20436 of ,(h) For an Y person oentow- the Superigr Court of Orange a motor boat to employ w en tow- County, California and lying east- ing any object structure W person, erly of a hoe which intersects s -id a towline in excess of seonty-five boundary hoe of the City of \eve -. feet.(TW) in length. port Beach at right angles, at al "1i) For any person to -engage paint, 650 feet easterly of Station in swimming or Wading for,the 16 -A of said ordinary high tide purpose Of recreation, except in line. District II shall be that por- areas which may be designated as tion of the waterway of Upper swimming areas by resolution of i Newport Bay lying northely cf a line bears the City Council. The limits of that north 87* In 19" ,,which areas shall be plainly mark- east front Station 125 of the ordl- ed by appropriate signs posted by ncry hi:h tide lint as established 'the Harbor Master, - iby Court Decree No. 20436-of the "(j) For any person t operate Supti of Court of Otangc C6imty,. —Tine. or c$hse to be plaeied„ ein or. California and westerAta" thereon. any molar, fhei which mtei 'cts the bine same is egmpped wex- of the City of \cwpo at right at a poeet 4 MNUs tiA,g'uisher of a typby .. tgf-,upi aid'. caster ly, aid' and life sav ing e - of a. ordmary� gh tide line. - type approved l;y the Ui t-2k! tit t'ur a i I el ...n 0p 'Ung „bu vc ;md lore tat es Coast. Cued for, each per- �a m for boat to u + a w,t � ;:ier Thc going ordm Li or engage in any lance was introduced and ado ted son tran �`ted there Y typs' of water x- p skiing whatsoever at a regular eetin'�g�- the City a motor " f ' 8. It shall be unlawf and a Council of e City ,h*e m thg n chaR- Beach held on the 11 wpprt nel westerly of that certain island: v }olationgf „tls ordinance x any day of d bed as Lot 2, Section 26, . :vessel or-Wafer craft of ' kind July, 1985, by tha, olio B y e, hip 6 South, Rang in excess of er to wit :a e 10 West, i ghteen ..in A ., & lit., and which is located. leng}.}r to enter elth_er. Dis r �R •.,COUNCIL � N,. s West of 'tipper Bay Ramp'. ; TT, MA Y, STOD- '�. i District II during the hours com. I * :HIGBIB,' DDERHOF, a } For any operator to enter, mencing at 11:00 a.iq. and er4ing fro Ahe Forth into the channel at sunset. UNCI east Y.'that certain island describ -: SECTION 2: The Cii`y Council. I e. ad a4cit 1, Section 23, Township. 6 SoIIth, Range 10 West, S.B.B &' may, wifc4 it deems the occasion A StS UNCH.14iEN M.. Ad which is located North of � warrants,. grant a special permit WIC, 'Upper Bay Ramp'. to hold a boat race in the course D HILL *C' "(m) For an 1 of which, umnuffled engines may b -I y person operating be used by the contestants upon A{pES • motor boat to commence towing the waters of Newport Harbor MAE HOIT • water skier against the counter-' along and over certain courses Acting City clockwise traffic pattern, and when I situated in the waters of said No. 12 No yw at a boat launching ramp from harbor; and provided further that other than a designated 'take -off' such special permit of said City area, provided that the operator of Council shall be for a period of another boat may pick up and time not exceeding ten days in all launch a fallen skier in thr, rater, of any calendar year hereafter, if he can d0 so without and shall not exceed eight hours of the counterclockwise Vnific 0f any calendar day, the entire period any other motor boat t •v:- , a � of time for which such special per - skier. mit is granted to fall between the '(n) For any person ope. ttir-, hours of eight o'clock a.m. and a motor boat with a skier in tow five o'clock p.m. who has fallen in taking off Ii ?m SECTION 3: The provisions of the ramp area to circle back w'!'-, this ordinance as provided for in out first going in a counter -clod - paragraphs 6 and 7 hereof shall wise direction around the two buoy not apply to commercial or busi- pattern at the ramp area. ness craft having a legitimate busi- "(o) For any skier to drop tin ness to conduct in either of said towline and terminate his skiing Districts during the hours set in a boat ramp area other than at forth in paragraphs 6 and 7, pro - the designated 'landing area' at , vided, however, that such craft said ramp. shall first apply for and receive "(p) For any observer in a in writing permission to enter said motor boat whose skier has fallen, Districts from the Harbor Master, and for the observer in a motor and provided further, that in the boat approaching a fallen skier, to I event that such permission is re- fail to immediately raise one arm ceived, then such craft shall be vertically upon observin g the fall - limited to a rate of speed not in en skier in the water. excess of three nautical miles per "7. Within District II of 'Upper hour. Newport Bay' as herein described, SECTION 4: The time referred between the hours of 11 n a.m.. to in paragraphs 6 and 7 hereof and sunset, it shall be unlawful shall be StanBard Time, except and a violation of this ordinance: when Daylight Savings Time is in "(a) For any person to operate force in the State of California, or cause to be placed therein or during which time the time referr- thereon any vessel or water craft ed to shall be deemed to be Day - other than a motor boat eighteen , (18') or less in length and with un- light Savings Time. SECTION 5: This ordinance is obstructed operator's view, except, hereby declared by the City Coun- pursuant to a special permit to I cil to be necessary as an emerg- hold a boat race granted pursuant. ency measure for preserving the to the provisions of Section 2 of public peace, health or safety for this Ordinance. the following reasons: - "(b) For any person to operate The City Council of Newport c motor boat in other than a Beach on June 23, 1955 passed counter - clockwise traffic pattern, an emergency ordinance No. 752 except when specifically directed to allow motor boat speeding and otherwise by the Harbor Master. water skiing within certain de- "(c) For any person to operate signated areas in th!i.Upper Bay a motor boat at a speed is excess region of the City of Newport per thirty-five ive (35) nautical miles : Beach. Since that date, the City per hour. Council of Newport Beach has "(d) For any person to engage ;given further study to the safety pswimming cz wading for the factors of the designated speeding purpose is j44., be de except in areas which,; be designated as areas established by Ordinance Pjo. swimming WW ibyj rAsolution of 752. The City Council of Newport the City CoMcil; ABe, limits of Beach has concluded• after said which areas shall be.pWnly mark- studies that District 1 and 2 sl- ed b appropriate signs lowing motor boat speeding and Y PP P riate gns posted by water skiing should be changed to the Harbor Master. allow a greater water area for wa- "(e) For any person to operated ter skiing as a safety factor, and thereon cause to be placed therein or unless this ordinance is adopted tereon any motor boat unless the as an emergency ordinance, the same is equipped with afire by safety and welfare of those per - the United St a type approved by sons water skiing and motor boat the tinned States Coast Guard and speeding will be impaired. life saving equipment of..% type SECTION 6: That this ordinance PProved by the United States shall take effect immediately upon JEWUoast Guard for each person trans- the passage thereof and shall be ported therein. published once in the Newport - "(f) For any person to operate Harbor News Press, a newspaper of a motor boat in the narrow a general circulation printed and pub. net westerly of that certain island described as Lot Section 26 lished and circala*,ed in the City , Township 6 South. Ran of Newport Beach. 10 West, . , S.B.B. & M. and which is located :southv:est of 'tipper Bay Ramp'. STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH .......... .......... Margery-_ Schrouder----- _ ------------ __....... City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ------------- QTWIN_ANCE-.------------------------------- No -------- _75t ----------------- .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 ------- llth - -- -day, of---- - - - - -- -- -July 1q 5 by the following vote: AYES: COUNCILMEN._ Bennett - -�_- MacKay_ } - -- Stoddard-- .- Higbie�-- _Ridderhof} • NOES: COUNCILMEN -------- Rome -------- --------------------- - ------- • ABSENT: COUNCILMEN. -. W11der Dated this_ --- .3rd ......... day of ---- ........ --------------- --------- 1955-. NB 130 -500 -6/51 City Clark and Ex- fficio &lark of the City Council, City of Newport Beach, State of California