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HomeMy WebLinkAbout543 - Harbor MasterAL (0110 ANCE NO. 543 "The City of Newport Beach, by and through its City Council, does ordain as follows: Section 1: GENERAL. 'PR(D- VISIONS: '(a) Whenever a I<;wcr is grant - ,ed to, or a duty is imposed upon, the Harbor Master, the power may be exercised or the duty may be 1performed by a deputy, or assist- ant of the Harbor Master, or by a person authorized, pursuant 'to law, by- the City Council, unless 'this ordniance expressly provides (otherwise. (b) "Person" means any person, tfi r m, association, organization, partnership, business trust, cor- poration or company. (c) "Vessel" includes ships of all kinds, steamboats, steamships, Tanal boats,'bargcs, sailing vessels, and every structure adapted to be xiavigated from place to place for the transportation of merchandise ter persons. (d) "Float" includes w h a r f, pier, quay, or landing. (e) Whenever the word "City" shall be used in this ordinance, the same shall be construed to mean, and shall mean, the City of Newport Beach. (`P) Whenever the word "City Council" shall be used in this or- dmance, the same shall be con- strued to mean, and shall mean, the City Council of the City of Newport Beach. (g) -Shall" and "May": -Shall" is mandatory; "may" is permis- sion. (h) "Newport Harbor" means all that portion of the navigable water commonly known as New- port Bay, which exists within the exterior boundaries of the City of Newport Beach. (1) "Anchorage Area" means that portion of any channel which has been designated by the City Council or a Federal agency. (J) "Mooring" m en n s any weight, chain, rope, float, struc- ture, and /or appliances used by a vessel for anchoring purposes and which is not carried aboard such vessel as regular equipment when under way. (k) "Turning Basin" m e a n s that portion of any channel which has been designated by the City Council or Federal Agency for the purpose of permitting vessels to turn around or their course or di- rection altered therein. (1) All words used in the singu- lar shall include the plural, and the plural shall include the singu- lar; each gender shall include all others; any tense shall include all tenses. (m) Wherever in this ordinance air, act or omission is made un- lawful, it shall include causing, permitting, aiding or abetting such act or omission. Section 2: All channels, turn- ing basins, and anchorage areas in Newport Harbor shall be estab- lished by the City Council from time to time, and said channels, turning basins and anchorage areas are shown on a map on file in the Harbor Master's office at all times. Section 3: HARBOR MASTER. The City Council shall appoint a Harbor Master, who shall hold of- fice at the pleasure of the Council and shall give such security for the faithful performance of his duty and receive such compensa- tion as the City Council may from time to time designate. The Harbor Master, acting un- der the orders and jurisdiction of the City Council, shall have full authority in the interpretation and enforcement of all regulafiotts -af- fecting the harbor, and all orders and instructions given by him ih the performance of his duties shall have the same force as if issued by the City Council. To enable the Harbor Master to keep an accurate record of the number, size and kind of vessels using the harbor, the amount, kind and value of water -borne freight handled, and the number of pas- sengers carried, the masters and pursers of all vessels using the harbor or wharves are hereby re- quired to furnish him with the information referred to above, and, if so requested, to allow him to examine their papers, including their manifests. Section 4: DUTIES OF THE HARBOR MASTER, NEWPORT HARBOR: (a) To carry out the orders of the City Council an] to enforce all harbor regulations and ordinances. (b) To designate the areas with- in which vessels of different sizes and classes shall be anchored or moored. (c) To assign anchorage or moorings to vessels within such designated areas. (d) To assign berths or landing places to vessels coming alongside of wharves and piers. '(e) To order any vessel improp- erly anchored, moored or berthed to change its position to such a one as he may designate, and, in case his orders are not complied with, to cause such vessel to be so moved, and to collect the cost thereof from said vessel, or owner thereof. (f) To promptly report to the City Council any violation of the laws of the United States for the protection of navigation and the preservation of navigable waters; particularly any encroachment on the waterway by the building of illegal structures, illegal filling or dumping of material of any sort into the waterway, or throwing overboard or setting adrift or al- lowing to set adrift anything that is or might become obstructive or dangerous to navigation. (g) To keep a record of the number, size and kind of vessels using the harbor; the amount, kind and value of waterborne freight handled and the number of passengers carried by the ves- sels using the harbor, and to re- port each month a summary of such record to the City Council. Section 5: SPEED REGULA- TIONS. (a) Rate of Speed: It shall be unlawful for any owner, operator or person in com- mand of any vessel propelled by naptha, gasoline or other motive power to operate same or permit the same to be operated in any per tion of Newport Harbor at a rate of speed in excess of five (5) nautical miles per hour. The City Council 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 Father along and over certain courses situated 'in 'fh't waters of raid harbor; and provid- ed further that such special per- mit of said City Council shall be for a period of time not exceeding l.en (10) days in all of any calen- dar year hereafter, and shall not exceed eight (8) hours of any cal= endar &­, the entire period of time for v,hich such special permit is granted to fall between the hems of cigh o'clock A. M. and five O'clock P. M. Sc,-f�nn f: GENERAL REGU- LA'I'IONS. (a) Reckless Driving: It Shall be unlawful for any per- son: to drive or operate a vessel upon the waters of Newport Har- hor in so reckless a manner as to indicate either a willful or wanton disregard for the safety of persons or property. (b) It shall be unlawful for any person to operate any vessel upon the waters of Newport Harbor within the jurisdiction of the City of Newport Beach while under the influence of intoxicating liquor. (c) It is hereby prchibited and declared a violation of this Ordin- ance for any person or persons to operate, or cause to be operated, at and within Newport Harbor, 'except as provided in Section 5, paragraph 2, any internal core- bu^tion engine or other mechani- cal - device. the driving force of which is derived from the explo- sion of alcohol, petroleum prod- ucts or other substances, without first placing over the exhaust or eahausis of such internal combus- tion engine or mechanical device, a muffler, so constructed as to deaden the sound of the explosion thereof. ' (d) It shall be unlawful for aily Person to wilfully or carelessly destroy, damage, disturb, defate or interfere with any buoy, float, life preserver sign, notice or any other municipal property whatso- ever under the jurisdiction of the City of Newport Beach. (e) It shall be unlawful for any vessel to be, at any time, within Newport Harbor, whether in or out of tl�.e water, without having painted on the bows thereof the numbers assigned to said vessel by the Harbor Master. This ex- cepts all vessels required by law to carry a Customs House num- ber, or documented vessels, which shall at all times carry the num- bers or other identification as re- quired by the United States De- partment of Commerce. (f) All stray vessels, skiffs, row- boats, dinghys, timber or other articles found within Newport Harbor not in the lawful posses- sion or control of some person, shall be immediately delivered up to the Harbor Master and in whose custody they shall remain until claimed by the proper own- ers, who shall pay all expenses in- curred by the Harbor Master, in connection therewith, including a charge for keeping and storing the same, and if said vessels, timbers or other articles are not claimed within sixty days and the charges paid as herein provided for, the Harbor Master may proceed to sell said property and the pro- ceeds of such sale shall be paid into the treasury of the City of Newport Beach. (g) It shall be unlawful to laanch or remove -rom the waters of Newport Harbor any vessel 0 beer any s ^a wall, side',valk. street end, public or private property within Newport I- Iarbor, excepting at such locations rnnkh � a regular business of launching and hauling Vessels and having the necessary equipment to do such work, with- out first obtaiaing permission of the Harbor Master. Sectlon 7: ANCHORAGE AND A'JOORING AREAS. (a) Lights. All vessels anchoring or mooring in Newport Harbor shall. between sunset anC sunrise. conform to the rules and reguiations of the Unit- ed States Departmccnt of Cor.i - merce regarding anchor lights in inland waters of the Unilod Staics as set forth in the Navigation Laws of the United States. (b) Location. It shall be unlawful for the Master or any other person hav- ing charge of any vessel to moor or anchor the same in, Newport Harbor except within the areas and at the place o- places desig- nated by the Harbor Master. Any Vessel which is iroored or anchor- ed in Newport Harbor at a place not designated for such vessel by the Harbor Master shall. upon the demand of the Harbor Master. be forthwith moved to the place or places designates therefor. In the designation of areas and the place or places for the mooring nor anchoring of vessels. the Harbor M.9stor shall be governed by the needs of commerce. the utilization of turning basins for the turning Of vessels. the use of channels for the rnovinv and navigation of ves- sels end the economy of space. No vessels shall be moored or anchor- ed in any part of any turning basin or channel unless the same rhall be securely moored. both fore and aft. Every vessel moored o- an -hosed in any part of New- port Harbor outside of any turn- ing basin or channel shall be so moored or anchored as to prevent such vessel from wringing or drift - ing into any turning basin or charnel or any part thereof. (r) If any vessel arriving and anchoring or being moored or fast- ened to any wharf or other vessel in Newport Harbor shall be so moored or placed as to be unsafe or dangerous to any other vessel previously lying at anchor in said Harbor. or moored or fastened as .aforesaid, the Harbor Master is hereby authorized and directed forthwith to order and direct the position of said vessel to be chang- ed in such manner as to obviate such insecurity or danger. and the Master or other person having charge of such vessel shall forth- with cause the nozition of such vessel to be changed as directed by the Harbor Master. and upon the failure or refusal of such Mas- ter or other person in charge of such vessel to change the position of said vessel, as directed by the Harbor Master. it shall be the duty of the Harbor Master to forthwith board such vessel with such assistance as may be neces- sary and change the position of such vessel as had previously been directed by him, and the expense of changinr, the noxition of such vessel or of arranging the rigging thereon may be recccered from the Master or ov ;nrr of such ves- sel by a snit in the name of the City of Newport Beach in any Court of competent jurisdiction. (d) Making fast to moored ves- sels. It shall he umaw'el to make fast or tie any vessrl to r. r,00ring occupied by another vessel, or to make fast or tic to a -sscl al- ready occupying a mooring. Ex- cept row boats Ord yacbt tenders regularly used by, vessels for transportation of nerrons o- prop- erty to or from shore may be tied to any such mooring or vc sscl. (e) it shall be unie.v:ful to tie up or anchor a vessel in Newport Harbor in such a m ^nn ^r to pre- vent or obstruct the nassage of other vessels 6Y to voluiiterily or carelessly sink or cevsc to bo sunk any vessel in any channel or to float loose timbers, logs or piles in any channel. in such a manner as to obstruct. impede o'r injure navigation. and whenever a ves- sel is wrecked or sank in Newport Harbor. accidentally or otherwise. it shall be the duty of the owner thereof to immediately mark it by a buov during the day an3 by a lighted lantrrn at night. .and to maintain such markings until the 'sunken vessel or obstruction is re- moved. and the neglect or. failure of such owner to do so. shall be unlawful. The owner thereof shall immediately commerce the re- moval of said obstruction and to .prosecute the removal diligently to completion and any failure to do so shall constitute an abandon- ment of such vessel. Whenever the navigation of any navigable water within the corporate limits of the City of Newport Beach shall be obsructed or endangered by any vessel or other obstruction. which obstruction or danger has existed for a period longer than ten (10) days, or whenever the abandon- ment of a vessel or other obstruc- tion can be legally established in a less space of time. the vessel or other obstruction shall be subject to be removed. sold or otherwise disposed of by the City of Newport Beach at its discretion without liability for any damage to the owners of the same. Section 8. MOORING PER- MITS. (a) It shall be unlawful to place. erect. or construct moorings in the waters of Newport Harbor before a permit shall have been issued by the Harbor Master. (b) No permit shall be issued by the Harbor Master for a moor- ing until plans and specifications for said mooring have been sub- mitted to him. by the applicant, showing the construction of said proposed mooring. together with the location thereof. and said plans and specifications, and loca- tion shall have been first approved by the Harbor Master. (e) Any permit issued by the Harbor Master shall provide in effect that said permit may be cancelled at any time by the Har- bor Master upon giving a five days' written notice to the occu- pant. of said cancellation, and upon said permit being cancelled. it shall be the duty of the owner of said mooring to immediately re- move the same. and if he shall fail. neglect or refuse to remove the same. within 30 days. said mooring may be, removed by the Harbor Master and the costs thereof shall be paid by the oc- cupant of said mooring place. and the same may be collected in any court of competent jurisdiction. ", _. Said penri` gball further providd in effect that the Ilarbor Master may in hi; cl'scretion permit ves- sels to use ac ieccupied mooring for guest vessels. Said permit shall further provide that any mooring not used by the owner for a per - icd of time greelrr threi three (3) consecutive months shall become the prcperty of the City of New- port Beach, unless such time has been extended by the Harbor Mas- tcr in writing. pro': ided that any lnooring not used by the owner for sl,: (6) consecatiec months shall autometically bemire the prop• crty of the City of Newport Beach. to be removal or soid by the Har- bor Mastc.r. and if sold by the Harbor Master. all proceeds of such sale are to be paid into the tr.asu^✓ of lice City of Newport Beach. (d) The owner of every vessel in Newport Harbor having moor- ings shall ray to the City of New- port Beach an initial permit fee of twenty cents per lineal foot of overall length of vessel. payable upon issuance of permit. and thereafter shall pay the City of Newport Beach a yearly inspec- tion fee or tivcniy cents per lineal foot of overall length of vessel. said inspection fee, to be paid December first of each year. (e) The said permit shall fur- ther provide that when the owner is in arrears for a period of thirty (30) days. the City may. at its option, take over such moorings and convert it to its own uses. and that. further. when such owner has been in arrears for a period of six (6) months or more. title to said mooring shall revert to the City of Newport Beach. provided, however. that any time within said period of six (6) months. the owner s.vill have the privilege of redeem'ng such mooring by pay- ing the total accrued charges. (f) Any applicant for a permit shall agrer with the City of New- port Beach that the be' or vessel to be anchored or mooted to said mooring shall be assessed in the City of Newport Beach, and that such arct',!ant shall pay all taxes on said beat to the City of New- port Beach during the time that said mooring shall be maintained by him in Newport Harbor. (g) Any permit issued under the terms of this or3inance shall substantially contain the pro- visions of paragraphs "c" to "g" inclusive of Section 3 Of this ordin- ance. and any permit shall be per- sonally signed by the applicant. (h) It shall be unlawful for any- one to use a mooring except by Permission of the Harbor Master. (1) Tra:rfer of ownership of moorings will be permitted upon payment of One Dollar ($1.00) transfer fee and presentation of a bona fide bill of sale to the Harbor Master. and then only when the new owner of said moor - ing is the actual owner of a ves- sel the same size and type and occupation as the vessel for which the mooring was installed. Section 9. MOORING SPECI- FICATIONS. It shall be unlawful to erect or construe!: any mooring in Newport Harbor unless the same shall sub - stantially conform to the follow- ing specifications: (a) All moorings shall be of metal. (h) Buoys shall be constructCd 0 • bf metal and shall be "6 con &tructed that some portion thereof shall extend out of the water a least ten inches, at all times. (c) All chains and fastening shall be of sufficient size to stan a brea : :mg strain of at least six times the weight of the modring. (d) Mooring buoys shall be painted white or ah:mitatm in color above the water and there shall be painted on said buoy and be legible at all times, the number allocated to the moorings by the Harbor Master of the City of New- port Beach, and the Harbor Master has, in this connection, the right and duty of allocating a number to each Mooring in New- port Harbor. (e) All moorings shall be kept in good and serviceable condi- tion at all times. Painters, chains, Pasteniggs, on buoys shall be so arranged that when dropped they will immediately sink. It shall be permissible to connect two paint- ers with line having.floats attach- ed thereto to keep said line afloat at all times when vessel is off mooring. (f) All boats and vessels using Moorings in Newport Harbor in the City of Newport Beach shall be firmly anchored 'from bow and stern in such a manner as to pre- vent said boats from swinging, turning and drifting, except in ex- posed areas designated by the City Council as single mooring areas for the better protection of ves- sels moored in those areas. The following specifications cover moorings for one end only: Length Weight of Size of Chain of Boat Mooring Bottom Top 20 feet 25 feet 30 feet 35 feet 40 feet 45 inch 50 feet 55 feet 60 feet 65 feet 70 feet 75 feet 500 lb 650 lb 750 lb 1000 lb 1500 lb 2000 lb 2000 lb. 2500 lb. 3000 lb. 3000 lb. 3500 lb. 3500 lb. 1/z inch % inch 1/6 inch % inch 1/ inch % inch pia inch '/s inch % inch % inch % inch 1/z inch ?i inch % inch inch 1/g inch �i inch 1/z inch 1 inch I'. inch finch % inch _ 1 inch spy inch Top and bottom chain to be shackled together to form one con- tinuous length. Length of mooring chains to be determined by the Harbor Master, he being governed by the depth of water in various mooring areas of Newport Harbor. (g) It shall be the duty of the Harbor Master to require that moorings be lifted by the owner for inspection and replaced in good condition when he deems necessary so to do, and the Har- bor Master shall require all moor- ings to be lifted by the owner for inspection at least once in every two years. (h) It shall be unlawful to moor or tic any vessel having mechani- cal power, or any non -power ves- sel of over 1.7 lineal feet of over- all length, landward of the pier head line established by the United States Government, nor shall said boats be tied or moor- ed to the shore line where the beach and water adjacent thereto are customarily used for swim- ming, except at such locations as may be designated by the Harbor Master for that purpose. 5ectlon 10. MAKING FAST TO DOCKS AND SLIPS. (a) Consent of Owner to Dock. It shall be unlawful for th Master, or any person having t charge of any vessel, to make th same fast to the front of an s wharf, pier, or doe:; in Newport d IIarbor ivitho`ut the consent of th owner, agent, or r; anon in charge of any such wharf. pier, or dock. It shall be unlawful to make fast any vessel to any other ves- sel already occupying the front of any float, pier or dock, either public or priva'c without first ob- taihmg permission of the Harbor Master. It shall be unlawful for the Master. or any person having charge of any vessel. to permit the same to remain fastened to any wharf, pier or dock in Newport harbor, or to be or remain moor- ed immediately in front thereof after such vessel has finished its business of loading or unloading at s�eh wharf. pier or doc'.k,,vvith- ont obtaining the consent of the owner. agent, or person in charge of such wharf, pier or dock. (b) Tying up Vessel. - 'Every vessel lying at any wharf or any slip in Newport Harbor shall be fastened thc;eto with such head and stern lin ^_s from both bows and quarters in such a manner as to meet the approval -.of the Harbor Master. (c) Loading or Unloading Ex- plosives. It shall be unlawful for any per- son to unload gun- powder, giant powder, dynamite, or any other high explosive from any vessel to or upon any wharf or pier in Iiew- port Harbor, or to load the same from any wharf or pier upon any vessel, without first obtaining a permit so to do from the Harbor Master, and paying therefor a fee of Twenty -five Dollars ($25.00). And. otherwicc complying with all the rules and regulations govern- ing the loading and unloading of high explosives. (d) Storage. and Handling of (°asoline and Petroleum Products. The storage, handling, keeping, use or sale of gasoline, distillate, or any liquid_ petroleum products.' other than lubricating oils, on docks, wharves or piers, except at such places as may be especially designated therefor by the Harbor Master and Fire Chief, is unlawful and strictly prohibited. provided, however, that any retail sale or delivery of such products in bulk to vessels at such places shall be made from and by means of pipe- lines and hose, suitably equipped and provided with closed connec- tions and valves between pipeline and hose to be approved by the Harbor Master and Fire Chief, and provided, further, that any such retail sale or delivery of such products in bulk to vessels may- be made at such places by means of pipeline and hose without such closed connections and valves by special permission of the Harbor Master and Fire Chief, under such conditions as he shall prescribe, when, in his Judgment, such de- livery by the use of closed con- nections is impossible or imprac- ticable, and at such places as may be so designated therefor; the same shall not be handled, used, sold, or delivered between sunset and sunrise unless the same are lighted only by incandescent elec- tric lights, properly protected by wire screens. Nothing herein con- tained shall prevent the sale of e such products at ]-el nil from harde9 to vessels direct, such barges to be c moored at surh places as the Har- y bar Master may designate. It is further provided that until such .. time that p: ovimon is made for de- livery of gasoline. distillate. or any liquid T :ctroleum products other than lubricating oils, on docks. wharves or piers, as above pro- vided, that such delivery be made in such manner as shall be satis- factory to, and ender supervision of the IIarbor Master. (e) Storage of Empty Drums and Tanks. Empty drums, tanks, barrels, or other containers, used for the stor- age or transportation of gasoline, distillate, kerosene, or other in- flammable products, shall not be allowed to remain in or on any dock, wharf, or pier, but must be removed before twelve o'clock noon, standard time, provided they have been received or unloaded ,Uctween the hours of six o'clock .P. M. and eight o'elock.A. M., and if received or unloaded between the hours of eight o'clock A. M. .and six o'clock P. M. they shall be removed not later than six O'clock P. M. Crude oil or resi- duum which will not flash below 110 degrees Fahrenheit may be loaded at any time, but all vessels carrying oil for fuel must store the same in steel or iron tanks. No vessel loaded with any crude - o:l which will flash below 110 de- grees Fahrenheit, shall be permit- ted to haul alongside of any ves- sel cr structure, unless otherwise - specified, or hereinafter provided. (f) Lights. Every vessel lying alongside a wharf, or ulongsid; a. esscl berth- ed at a wharf, s::all from sunset until sc,rise, be provided with proper lights, and shall be pro- vided ccntinuously w th such ap- pliances in the wall of gangways and man -ropes as m-ay be, in the opinion of the I -l: �.rbo• Master. necessary for the convenience and safety of persons Massing to and from such vessel and every gang- way fixed for the purpose of giv- ing the crew or other persons ac- cess to the ship cr vessel after dark shall be brightly illuminated' by the best available means as long as such gangway is in com- munication with the shore, and a watch shall be 'continuously set upon said gangway. (g) Donkey Engine. It shall be unlawful for any per- son to use any donkey engine or other steam engine on any wharf, dock, pier, or vessel within the City of Newport Beach in load- ing or unloading vessels or other- wise without a bonnet or spark arrester attached to the smoke stack of such engine so as to pre- vent sparks from coming in con- tact with wharf or vessel. (h) Defective Wharves. When the Harbor Master shall learn that any wharf, dock or Pier, on Newport Harbor is in a defective or dangerous condition so that life or property is en- dangered thereby, the Harbor Master shall immediately notify the owner thereof, his agent. lessee, or any other person or persons having charge of the same in writing, of the defective and dangerous condition thereof, re- quiring such person or persons to immediately repair the same or to Put up fences or other barriers to • F_ I L • r Drc,''ent persons from using or go- ing upon the same. If the ocrr.�l% lessee, or other person or person; having charge of wharves, docks or piers shall fail or neglect to repair or to put up fences or other barriers to prevent Persons from Using or going upon such defective or dangerous wharves, docks or piers, then the Harbor Mavtcr may Put up fences or such other bar- riers as he mat, d; rm necessary for the protection of the public, and charge the cost and cmcnsc of the same to such oe:ner, lessee, agent, person or persons having charge of such wharf, doe,% or pier, and it shall be unlawful for any person or persons whatoever to interfere with or molest in any manner whatsoever any fence or- barrier which may have been con- structed for the purpose of pre- venting the use of the wharves, docks or piers aforecaid. If any wharf, or any portion thereof, or any material on such wharf, shall fall into the waters of Newport Harbor, it shall be the 'duty of the owner, agent. or lessee of such wharf to forthwith remove such material from the waters of said harbor, and if they shall fail to do so, then the Harbor Master may, remove or cause the same to be removed and the cost of such removal by the Harbor Master shall be recovered from the owner, agent, or lessee of such wharf in a civil action brought by the City of Newport Beach. Section 1.1. PUBLIC PIERS. (a) Floats, wharves, docks, and other harbor facilities may be maintained by the City of New- port Beach, and such harbor facili- ties shall be available for the load- ing and unloading of passengers, supplies and boating gear, and for similar purposes, in such manner as will best serve the public use thereof and avoid congestion and the blocking of such facilities. The Harbor Master is vested with authority to control the use of said facilities as aforesaid, and to regu- late the time and manner of said use for the purpose of maintaining said facilities available to the public at all times. (b) Obstruction of Piers. It shall be unlawful for any person to obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf at any time. (c) Automobiles and Vehicles on Piers. It shall be unlawful for auto- mobiles, or other vehicles to enter upon a public wharf, pier or land- ing except to discharge or load freight or passengers, and it shall be unlawful for any such vehicle to remain upon any such landing, Pier or wharf except while actually discharging ov loading, and it shall be unlawful at all times to leave any materials of any description or kind upon or on any pier, wharf or landing. Vehicles ready to load shall have preference over those ready to discharge, and no vehicle shall block the approach to suds landing or prevent the free and easy access thereto. Section 1 °. SANITATION. (a) Discharge of Refuse in Bay. It shall be unlawful for any person to throw, discharge, de- posit or leave or cause., sni`or or procure to be th>own. dis hanged, deposited or left, either from out of any vessel or from the shore, wharf, manufacturing cs`,ablish- mcnt or mill of nnv ":•'I. nP� refuse matter of umv d: ;erip Lion, into the navigable w,al rrs of ] :e• : :- port Harbor. and it shall In un- lawful to discharge, or cause, suf- fer or moo -urc to be discha -qcd or deposited material of any kind in any place or on the banks of any navigable water in the City of Newport Beach v ;here the same shall be liable to be '.vashrd into Newport Harbor. either by or- dinary or high tides, or by storm floods or otherwise. It shall -be unlawful to allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shore lines of tl:e Pacific Ocean or on the shore lines of Newr.o ^t harbor, within the juris- dicticni of the City of Newport Peach. and any person, firm or corporation violating this pro- vision rl"n be sl :b_' - -t to the penalty nio;�ided for hereafter in this ordinance, and in addition thereto, the Harbor Master may remove the same with or without notice. at his option. and the ex- pense of rcmo':(ng the same ^hall be on the party liable that: ^for, and any cost of removing the Same may be, recovered by the City of Newport Beach against any guilty Party. in any court of competent jurisdiction. (b) Discharge of Inflammable Material. It shall be unlawful to pump or diclharge from any vessel or ,tank into the waters of Newport Harbor, oil, spirits, or any inflam- mable liquid, or to deposit any rubbish, refuse matter, or articles of any offensive character therein or upon any wharf, or wharf road, or street leading to a wharf. (c) Discharge of Petroleum Products. No person, firm, association, or corporation shall discharge, or de- posit, or shall cause or suffer to be discharged or deposited or to pas, in or into the waters of New- port Harbor, any coal tar or re- fuse or residuary product of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance. (d) Dead Animals. It shall be unlawful for any person to throw, place or leave any dead animal or putrefying matter into the waters of New- port Harbor, or on or along the shore thereof. Section 13. CONSTRUCTION OF HARBOR STRUCTURES. (a) No person, firm, corporation or association shall build or ex- tend any privately owned wharf, pier, landing, bulkhead, seawall or structure of any sort whatever, nor make, or cause, any filling to be made of any description beyond (seaward) the line of mean high tide, nor shall any dredging or excavating be done within the limits of the Harbor for the benefit or use of any private per- son, firm, corporation, or associa- tion unless plans showing the pro- posed work shall hate been sub- mitted to the City Council for ap- proval, and permit shall have been isrued by the City Council auth- ori.zing said work prior to its com- mencement. Any applicant for a permit under the provisions of this section shall pay an inspection fee to the City of Newport Beach in the sum of Twenty -five Dollars. Section 14. The orders of the Harbor Master made n- given, Pursuant to the provisions of this Ordinance, may be snpcal ed by the person affected, to the City Coun- cil, p ^oading that within twenty- flL`a' flours after such order shall h ^co been served upon a person by the Harbor Master, such person ,hall have made vn,i ;.ten applica- tion to the City Council for it hearmu. In the event of such ap• Peal, the Citv Council shall grant a hearing within five days, at a time and place to be designated by the City Council. The Majority Of the City Council shall con - sttiute a quorum for the hearing of such appeal. and the decision of n ,;.n °ority of the City Councilmen in a"endance at said meeting pro - vicing the total attendance is a inalority of said City Council, shall be final in the matter. Section 15. PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misde• meanor and upon conviction there- of shall be punished by a fine not e.:cceding Two Hundred and Fifty Dollars ($250.00) or by imprison• ment in the city jail for not more than three months, or by both such fine and imprisonment at the discretion of Yh eCourt. Sectioll 16. If any provision of this Ordinance or the application thereof to any person or circum- stance is held invalid, the fe- mainder of the ordinance or the application of s:tch provision to other person or circumstances shall not be affected thereby. Section 17. Ordinance No. 180 Of the City of Newport Beach and all other ordinances of said City inconsistent herewith to file ex- tent of such inceasistencv, and no further, are hereby reccalcd. Section 18. This Ordinance, after its passage and authentication and approval by the Mayor, .shall be published once in the Newport Balboa News- Times, a semi - w'eekly newspaper of reneral circulation, printed, pub' :Shed and circulated in said City and hereby designated fo:- that' purnose, and Shall take effect and be in force thirty (30) days after its pas- sage. The above and foregoing ordin- ance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 3rd day of December, 1945, and was finally passed and adopted,on the 14th day of January, 1946, by the City Council at a regular meeting thereof, by the following vote, to -wit: AYES: Councilmen Allen, Stan- ley, Isbell, Reed, Hall. NOES: Councilmen None. ABSENT: Councilmen None, The foregoing Ordinance is sign. ed and approved by me this 14th day of January, 1946, CLYAN H. HALL, Attest: Mayor. FRP -laic L. RINEHART, City Clerk. By R. IYIFrrELY, Deputy, Pub. —Jan. 17, 1946.