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Home My WebLink About98-24 - Adding Section 17.22.005 and Amending Sections 17.22.090, 12.22.100 and 17.22.150 to Chapter 17.22 of Title 17 of the Newport Beach Municipal Code, Pertaining to Harbor RegulationsORDINANCE NO. 98 -24 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 17.22.005 AND AMENDING SECTIONS 17.22.090, 12.22.100 AND 17.22.150 TO CHAPTER 17.22 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO HARBOR REGULATIONS The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Title 17, Harbor Regulations is hereby amended to read as follows: ANCHORAGE AND MOORING REGULATIONS SECTION 2: Section 17.22.005 is hereby added to the Newport Beach Municipal Code to amend Chapter 17.22 of Title 17 as follows: Chapter 17.22 • Sections: 17.22.005 Definitions 17.22.010 Location. 17.22.020 Permit Necessary. 17.22.030 Issuance of Permit; Conditions. 17.22.040 Plans and Specifications Required. 17.22.050 Fees. 17.22.060 Delinquent Fees. 17.22.070 Unauthorized Use of Mooring. 17.22.080 Transfer of Permit. 17.22.090 Revocation of Permit. 17.22.100 Cancellation; Use of Unoccupied Moorings. 17.22.110 Rental Not Permitted. 17.22.120 Chains and Fastenings. 17.22.130 Buoy Markings. 17.22.140 Maintenance. 17.22.150 Mooring Anchoring Requirements. 17.22.160 Specifications. 17.22.170 Inspection of Moorings. 17.22.180 Application of Chapter. 17.22.190 Appeal. 17.22.200 Administration. 17.22.005 Definitions • A. "Operable" means capable of maneuvering under the vessel's own power from the mooring to the Demarcation Line and back to the mooring. B. "Seaworthy" shall mean that the vessel's hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot. SECTION 3: Sections 17.22.090, 17.22.100 and 17.22.150 are amended to read as follows: 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 mooring or buoy has fallen into a state of disrepair; • 4. 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; 5. The use of the space violates the terms of the tidelands trust grants to the City. 6. The vessel assigned to the mooring has been determined not to be seaworthy or operable and the owner has not made the necessary repairs within the time required by this Chapter. 7. The mooring permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable. 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 five days' notice of such hearing shall be given in writing by first -class mall 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. 17.22.100 Cancellation; Use of Unoccupied Moorings. • Each such permit shall be subject to the following conditions which shall be printed on the permit form: A. Said permit may be canceled at any time for violation of any condition of the permit or any provision of this chapter including payment of any fees upon giving five days' written notice to the permittee by first -class mail to the address shown on the permit; B. Upon cancellation, it shall be the duty of the owner of said mooring to immediately remove the same; C. If not removed within thirty (30) days, said mooring and vessel may be removed by the City 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; D. If said mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the City Manager; E. 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. 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 stem in such a manner as to prevent said vessels from swinging, turning or drifting, except in areas designated by the 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 City Manager has cause to believe a vessel is not seaworthy and operable, the City Manager 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 City Manager that the vessel assigned to the mooring is seaworthy or operable. In the event that the City Manager determines that vessel is not seaworthy or operable, the permittee shall: (i) • commence repairs within 30 days of written notice of such determination and complete repairs within 90 days of the commencement unless the City Manager, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs or (ii) removes the vessel referenced in the notice within 30 days and request assignment of a different vessel that is seaworthy and operable to the mooring within 60 days of the notice. This section is not intended to apply to any brief • period of repair common to most vessels. The City Manager 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. SECTION 4: 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 5: 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 26thday of October 19_2$ and adopted on the 9th day of November 19 98 by the following vote, to wit: AYES, COUNCILMEMBERS Thomson, Debay, O'Neil, • Glover, Noyes, Mayor Edwards • NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Hedges MAYOR ATTEST: F:\cat\users\shared\Ordinance\anchorage.doc • 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 98 -24 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of November, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of November, 1998. (Seal) STATE OF CALIFORNIA 1 COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } City Clerk of the City of Newport Beach, California OF PUBLICATION I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 98 -24 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: November 14, 1998. In witness whereof, I have hereunto subscribed my name this 4 day of Awember 1998. • �(�l UOyvrc 4�'I I �l��y City Clerk of the City of Newport Beach, California