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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
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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