HomeMy WebLinkAbout1090 - Harbor & Ocean Regulations•
0
NO. 1090
THE CITY OF
REPEALING AR-
yIONS 4245. 8118,
kND 8122 AND
N 8717 OF THE
CH MUNICIPAL
INO A NEW AR-
IG TO HARBOR
LATIONS
the City of New -
n as follows:
X of the Newport
avacn 8121, -•.- - - -- - - 8119,
SECTION ;no 8122 Sections of f the 8718,
3each Municipal Code are repeated. �
SECTION 3. Section 8117 of the New.
Surf Beach Municipal Code Is amended
o read:
"SECTION 8117. Construction Work
In, on, or over Tidewater. All con-
struction work in, on, or over
Pacific Ocean, Newport Bay, or other
water In which the tide ebbs and
flows is regulated by Article X Of do any
this such work withoutarcomplyingl with the
provisions thereof."
SECTION 4. A new Article X is added
to the NewPort Beach Municipal Cade
to read:
"ARTICLE X HARBOR AND OCEAN
Chapter 1
DEFINITIONS AND ADMINISTRATION
SECTION 10100. Definitions. For the
Purposes of this Article, the words
phrases herein defined shall, unless the
context
e gs herei
clearly indicates
et otherwise, have
'meanings herein Area' meats any por'
been oso designated Harbor
purssua nit to law
and approved by the Federal Govern-
ment.
Board' means the Board of Super -
viers Of the County of Orange as the
......e.,nno body of the Orange County
Sans City of Newport Beach.
until' means the City COUD
City.
maser' means the City Mao-
he City.
' means the Director of the
,no Beaches of the District.
means the Orange County
Istrict.
lief' means the Fire Chief of
Commission' means the Her -
11sslon of the Orange County
'Vesse9 includes every description Of
watercraft used or capable of being
used as a means of transportation
on water, except the following:
(1) A seaplane on the water.
(2) A watercraft specifically de-
signed to Operate on a permanently
fixed dune, the movement of which
is restricted to Or guided on such
permanently fixed course by meats of
a mechanical device on a fixed tracts
or arm to which the watercraft is
attached or by which the watercraft
is controlled, or by means Of a mech-
anical device attached to the water-
craft Itself.
'Waters of Newport Harbor' means
all waters of Newport Harbor in which
the tide ebbs and flows, whether or
not the ordinary or mean high tide
Tine of the Pacific Ocean has been
fixed by ordinance, statute, court ac-
tion or otherwise and whether or not
the lands lying under said tidal water
are privately or publicly owned.
SECTION 10101. Delegation of Autho-
rity. The responsibilitY for the admin.
istration of the Provisions of this Arti-
cle Is delegated to the City Manager
or officers or employees of a depart.
ment Or departments of the City des-
ignated by him; provided, however, that
some or all of the duties necessary to
be performed in said administration
may be performed by the Director or
his deputies or assistant pursuant to a
contract providing therefor between the
City and the County of Orange Or the
Joint Harbor Committee' means the
committee consisting of those mem.
bers of the Harbor Commission and
members of the City Council appoint-
ed by the Board and City Council,
respectively, to consider harbor Prob-
lems common to the City and Orange
County Harbor District.
'Mooring' means any appliance used
to secure a vessel in Newport Har-
bor other than to a pier, which Is
net carries aboard such vessel as regu-
lar equipment when under way.
'Motorboat' means any vessel pre
pelled by machinery, whether Or not
such machinery is the principal source
of propulsion, but shall not include a
vessel which has a valid marine docu-
ment issued by the Bureau of Customs
of the United States Government or
any federal agency successor thereto.
'Newport Harbor' arid 'Newport Bay'
shall be deemed coextensive and the
terms interchangeable.
'Pier means any fixed or floating
structure for securing vessels, loading
or unloading persons Or property or
providing access to the water, rind
Includes whart, Clock, float, or any
Other landing facility.
'Public Works Director- means the
Public Works Director of City.
'Turning Basin' meam that portion
M any channel which has been so
designated pursuant t0 law and ap-
proved by the Federal Government,
for the purpose Of permitting vessels
to turn around or permitting their
course or direction to be altered
therein.
gatta, parade or other event held on
the waters of Newport Harbor, or at any
other time when the City Manager
deems It necessary for the safety of
persons, vessels or other property, he
shall have authority to restrict Or pr0-
hibtt waterborne traffic in the Harbor,
and It shall be unlawful to wilfully fail
or refuse to comply with any order,
signal Or direction Of said City Manager,
his deputies ar agents.
Chapter 2
GENERAL BOATING REGULATIONS
SECTION 10200. Speed Limit. No own-
er, operator or person in command of
any vessel, except a Public officer in
the performance of his duty, shall op-
erate the same or permit the same to
be operated in any portion of New-
port Harbor or the water In the present
or prior channel of the Santa Ana River
within the City at a rate Of speed In
excess of five (5) nautical miles per
hour, or at any speed which creates
a wake that may cause damage to
moorings of vessels or floating struc-
tures, except as hereinafter Provided.
SECTION 10201. Motorboat Races. The
City Council may, when it deems the
occasion warrants, gram a special Per-
mit to hold a motorboat race in the Har-
bor or make temporary use 01 a desig-
nated area in the Harbor for a special
event or activity In which unmuffled
engines may be used speed limits may
be exceeded, and normal traffic inter.
rupted, provided that such Permit shall
be for a stated period Of time not ex-
seeding six (6) months. A permit for
_
SECTION 10102. Channels, Turning Ba- boat races shall not exceed ten (10)
sins, and Anchorage Areas. All Chan. days and shall be limited to the hors
nels, turning basins, anchorage areas, between eight o'clock a.m., and sunset.
and plemeao and bulkhead lines In No permit shall authorize interference
Newport Harbor shall be as established with normal Harbor traffic for a period
by the Federal Government or by the exceeding for (4) hours in any 2d-
City Council upon recommendation of hour period.
the Joint Harbor Committee. A map As a condition M granting such per -
thereof shall be kept on file in the mlt, the City Council shall require the
Mims of the City Clerk and the Public permlffee to provide liability insurance
Works Director of City for public in. for the full Period of time for which the
spection. Permit Is granted In an em0unt of not
SECTION 10103. Duties of the City less than $100,000 far bodily iniury
Manager. It shall be the duty of five to one person, $500,000 for bodily infury
City Manager: in any one accident, and $50,000 for
(1) To carry Wt the orders of the properly damage In any one accident.
City Council and to enforce all harbor The policy providing such insurance must
regulations and ordinances. name the City, the County of Orange, and
(2) To order any vessel Improperly the District as additional insureds. A certi.
anchored, moored or berthed in any ficate evidencing that such Insurance
area outside the jurisdiction of the is in farce and will remain in force
District to change Its position to such for the period Of such permit shall be
a One as he may designate, and, in filed with the City Clerk in a form so.
case his orders are not complied with, Proved by the City Attorney before any
or the vessel is unattended, to cause
such vessel to be so moved, and to The City Council may Impose addi-
collect the cost thereof from said tional conditions as deemed necessary
vessel, or owner themcf. to protect persons and property and to
(3) To promptly report to the aP. assure that the activity will not create
proprlate federal agency any viola- a nuisance or interfere with the reas0n-
tion of the laws of the United States able use of the Harbor by other ves-
for the protection Of navigation and sels. No such permit shall be effective
the preservation of navigable waters; until it has been granted by the City
particularly any encroachment on the Council and submitted to and approved
waterway by the building of illegal by the Harbor Commission.
structures, illegal filling ar dumping SECTION IMM. Boat Launching and
of material Of any sort Into the we- Hauling. No person shall launch ar re-
terway or throwing overboard Or set- move any vessel from the waters W
ting adrift or allowing to be set Newport Harbor over any public sea
adrift anything that is or might be- wall, sidewalk, street end, or public
come obstructive or dangerous to na- property, except at locations where a
vigation.
SECTION 10104. Stray Property. All
stray vessels, skiffs, rowboats, dinghies,
timber or any other personal property
found in the water Or on the shore
of Newport Harbor or the Pacific Ocean
in any area outside the jurisdiction of
the District not in the lawful possession
or control of come person, shall be Im-
mediately delivered up to the City Man-
ager. Any such property shall be dealt
with as provided in the appropriate
provisions of Sections 2080, et Sao., of
the California Civil Code and Sections
510, at seq., of the Harbors and Naviga.
tion Code as the same now read or
may hereafter be amended. Proceeds of
any sale of such Property shall be de-
posited In the General Fund of the City
or, if provided by contract with the
District, shall be Paid to the County
Treasurer for the District.
SECTION 10105. Safety Restrictions—
Races. For such time as necessary pre-
ceding, during, and after any race, re-
Page l of 5
or In areas designated and posted for
such purpose by the City.
SECTION 10203. Damage to Property.
No person shall wilfully or carelessly
destroy, damage, disturb, deface or in-
terfere with any buoy, float, life preserv-
er, sign, notice, navigational mark-
ing, Or Other similar Property under
the lurisdiction of the City, District, or
Other governmental agency.
SECTION 10204. Closed Areas. When-
ever the City Manager finds that public
safety so requires, he may designate
any water area or tidelands or filled
lands in or upon which harbor im-
provement work is being Performed as
a closed area. Except for Persons ac-
tually engaged in such harbor Im-
provement work or Public officers in
the performance of their duty, no per -
San shall enter Or remain within Or
drive or operate any vessel or water-
craft Into or within any area Which
has been so designated as a closed
area and which has been Posted or
marked with appropriate signs giving
notice thereof.
SECTION 10205. Boarding Vessel With.
Out Permission. No person shall climb
Into or upon any vessel moored, docked
or anchored in Newport Harbor, with-
out the consent of the Owner Or other
Person having charge thereof.
SECTION 10206. Tampering With Ves-
sel. No Person shall wilfully inlure or
tamper with, or break Or remove any
Part Of or from, any vessel in the
City, or tamper with the lines securing
any such vessel, without the consent
of the Owner Or other Person having
charge there&.
SECTION 10207. Tampering With MOOr-
Ing$. NO Person shall tamper with any
mooring or anchorage in the City
whether or not the same is occupied
by a vessel.
SECTION 10208. Landing of Aircraft.
No Person shall land on or take &f
from the waters of Newport Harbor
with any aircraft.
SECTION 10209. Propulsion Above Wa.
ter Prohibited. No Person shall operate
any vessel on the waters of Newport
Harbor which is operated by mechanical
air Propulsion above the surface Of the
water.
Chapter 3
PIER AND
DOCKING REGULATIONS
SECTION 10300. Permission Required
to DOM or to Make Fast to Other Ves-
sel. No person having charge of any
vessel shall make the same fast to
any Pier in Newport Harbor, or Permit
the same to remain at such location
after finishing loading or unloading such
vessel, without the consent of the owner,
agent, Or Person In charge of any such
pier.
No Person shall make fast any vessel
to any other vessel already occupying any
Pier, either Public or Private, without
first obtaining Permission of the City
Manager.
SECTION 10301. Tying UP Vessel.
Every vessel lying at am Pier In New-
port Harbor shall be fastened thereto
with such lines, at least from both bow
and stem, and in such a manner as to
assure the security of such vessel.
SECTION 10302. Loading or Unloading
Explosives. No Person shall load or un-
load gunpowder, giant Powder, dyna-
mite or any other explosive to or from
airy vessel from or upon any Pier Or
other vessel In Newport Harbor without
first obtaining a Permit so to do from
the Fire Chief, and Paying therefor a fee
of Twenty -five Da tars ($25.00), and
otherwise complying with all the rules
and regulations governing the loading
and Unloading of explosives.
SECTION. 10303. Direct Fueling Pro-
hibited. No Person shall fuel airy vessel
with any Petroleum Product directly from
SECTION IMN. Lights. Every yes,
set used for hire while loading or un-
loading passengers or crew from a Pier
Or from another vessel shall be Pro-
• or r with a gangway with until e$
or callings, and from
gwa sunset until sun-
rise any such gangway shall be lighted
adequately to Provide visibility as long
as such gangway Is or may be used.
SECTION 10305. Donkey Engine: Other
Steam Engine. No Person shall use any
donkey engine or other steam engine
on any Pier or vessel within Newport
Harbor in loading or unloading vessels
or otherwise without a bonnet or spark
arrester attached to the smokestack &
such engine so as to prevent sparks
from coming into contact with the Pier
SECTION 10306. Defective Piers. Upon
learning that any pier is in a defective
or dangerous condition, the City Man.
ager shall immediately so notify the
owner or &her Person having charge
of the same in writing, requiring such
Person or persons to immediately repair
It or to put up barriers to Prevent Per-
sons from going upon It. If such Person
shall fail or neglect to do so, then the
City Manager may Place barriers as
necessary for the Protection & the Pub
He and charge the cost there& to such
Person, and it shall be a violation of
this Article for any Person to inter-
fere with any such barrier.
If any pier, or any Portion there&,
or any material on such Pier, shall fall
Into the waters & Newport Harbor, it
a
shall be the duty of the owner, agent
or lessee of such pier to forthwith re-
move the Same from the waters of said
Harbor and, if they shall fail to do so,
then the City Manager may do so and
the cost thereof may be recovered from
the owner, agent. Or lessee of such pier
In a civil action.
SECTION 10307. Maintenance Of Pub-
lic Piers. Public piers and other harbor
facilities may be maintained by the City
for the Purpose of loading and unload-
ing passengers, supplies, and boating
gear and for similar purposes. It Is
the Policy & the City to maintain such
facilities in a manner that will Permit
the greatest Public use and ayo.d con-
tinuous occupancy, congestion or block-
ing thereof. Where necessary to achieve
Public use and avoid extended occu-
pancY, congestion or blocking thereof,
the City Manager Is authorized and di-
rected t0 Post signs limiting the time
during which a vessel may be docked
or supplies or gear may be Placed at
or on any such Pier or facility to twenty
(20) minutes. When such sign is In
Place giving notice Of such time limit,
no Person shall dock a vessel at any
such facility for a period of time longer
than twenty (20) minutes or Permit any
supplies or gear to remain on such fa-
cility far a Period of time longer than
SECTION 10308. Obstrumon m I-aam-
ties. No Person shall intentionally ob.
struct the free access to and departure
from any Portion of any Public pier.
SECTION 10309. Automoblies and Ve-
hicles. No person shall drive any motor
vehicle upon any public pier except
t0 discharge Or load supplies or passeng-
ers to or from a vessel or permit any
motor vehicle to remain upon any Such
pier except when actually engaged In
discharging Or loading Such supplies; or
Passengers Vehicles ready t0 load shall
have Preference over thane ready to
discharge: and m person shall park or
stop a vehicle where it blocks the ap-
proach to any public pier.
SECTION 10310. Exception. Nohvith-
staming the provisions of the preceding
section, any person having a license
from the City to conduct a business an
a Public Pier may Dark a vehicle on
such pier If he obtains written permis-
sion to do so from the City Manager
or if such parking Is provided for in a
written contract with the City.
Chapter 4
HARBOR STRUCTURES
SECTION 10400. Permit Required.
(a) Structures in Newport Harbor. No
Person or agency shall build, main-
tain, extend or make structural altera-
tions on any building, pier, Piling,
bulkhead, sea wall, reef, breakwater.
or other structure in, upon or over the
waters of Newport Harbor or the Pa-
chic Ocean or any other water where
the tide ebbs and flows within the
City, or do any tilling, excavating
or dredging in mid waters or mean,
without first obtaining a written Per-
mit to do so from the City.
(b) Exception. Notwithstanding the
provisions of this section, the District
may do construction work or fill or
dredge within Newport Harbor, or
cause the same t0 be done, without
such a Permit so long as such work
is done pursuant t0 a harbor develop.
ment plan on lands not owned by the
City or pursuant to a request therefor
for Per.
bon (a) Application for Permit or Trans-
far. Application for any permit or the
transfer of any permit required by
this Chapter shall be made to the
Public Works Director in writing on
forms Provided therefor. The permit
shall constitute an agreement by the
permittee to comply with all condl.
ti0ns imposed in the granting of the
permit.
(b) Plans. The application shall be
accompanied by Plans and specltics-
ti0ns setting forth in detail the work
to be done.
(c) Fee. Each application shall be
accompanied by a fee In an amount
established by the City Council by
resolution. Fees shall not be return.
able by the City to the applicant wheth.
er or not the Permit is granted.
SECTION 10402. Processing the APPII.
cation.
(a) Staff. The application and plans
and specifications shall be reviewed
by the Public Works Director to de-
termine whether the proposed work
meets all the requirements of this
Code and any standards and policies
adopted by the City Council for such
construction or work. The Public
Works Director without City Council
approval Is authorized to approve and
Issue permits for new structures and
far revision$ t0 existing structures
that conform to me Provisions of this
Code, standard harbor drawings ap-
Proved by the City Council, and Har.
bor Permit Policies adopted by the
City Council. A separate permit must
be obtained from the Department of
Building and Safety for any plumbing
or electrical work an harbor struc-
tures.
(b) City Council. Prior approval
of the City Council shall be required
when the structure far which a per-
mit is sought does not comply with
this Code and said drawings and Poli-
cies and when:
(I) The abutting upland Property is
a dedicated Public right of way ex.
cept along the Grand Canal on Bal.
boa island.
(2) The abutting upland property Is
owned by the City except around Lido
Isle and Harbor Island.
(3) The abutting property Is zoned
commercial.
(d) Approved bulkhead lines, pier.
head lines or setback Inns do not
exist.
(5) The structure would affect a de-
signated swimming area.
(6) Commercial signs are to be in-
stalled.
(9) More than one slip or float is
requested bayward of a single Parcel.
(c) Conditions. In granting any such
application, the City Council may Im.
Pose conditions in the permit which
It deems necessary to Protect com-
merce, navigation or fishing or the
use, operation or development of New-
port Harbor.
(d) U.S. Corps of Engineers. Prior
approval Of the U.S. Corps of Engi-
neers will be required when:
(1) Work extends beyond the U.S.
Pierhead Line.
(2) Solid filling or a solid structure
Is constructed beyond the U.S. Bulk.
head Line.
(3) Harbor lines have not been as.
tablished in the area by the U.S.
Corps of Engineers.
SECTION 10403. Revocation of Permit.
(a) Grounds of revocation. Any per.
mit heretofore or hereafter granted for
any structure or work in the waters
of Newport Harbor or the Pacific
Ocean may be revoked by the City
Council upon any of the following
grounds:
(1) The work Or structure has be-
come detrimental to commerce, navi-
gation or fishing.
(2) The work or structure is detri-
mental to the use, operation or develop.
ment of the Harbor.
(3) The work or structure does not
comply with the Permit or does not
meet the standards adopted by the
City Council for such work or structure.
(4) The Permittee has failed for a
Period of sixty (60) days to Pay the fee
or fees heretofore or hereafter Im-
posed for the occupancy of tidelands,
filled tidelands or Submerged lands
Upon which such work or structure ex.
Ists.
(5) The work or structure has fallen
into a state & disrepair.
(6) The space occupied by such
work or structure is over publicly
owned land and such space Is to be
devoted to a Public use.
(b) Notice and hearing. Any such
Wage 2 of 5
•
r-j
j
%% permit shall be cereo voekedhenlly after a
public hearing
Coun-
cil of which the permittee has an Op-
PorfunitY to be heard. At least five
(5) days' notice of such hearing shall
be given in writing by first class mail the
With address of the permtfeeeo shown o o on
permit, setting out the date, time and
place of the hearing. After such hear-
ing, the CW Council may revoke —or
or in the waters of Newport Harbor,
or On or along the shore thereot or the
shore of any tidewater within the City.
SECTION 10503. Live Bait Receivers,
Defined. A live bait receiver is an ob-
led tor confining live bait which is afloat
in the waters of Newport Harbor or the
Pacific Ocean, either moored to a pier,
bulkhead or sea wall, or moored by
means Of an anchor Or Other weight
to the bottom or the Harbor or Ocean;
ce vera o
shal however, r f be deemed a a� r deemed to be a
'structure' within the meaning Of Chapter
tallied in or over me were, ^_^ 4 of this Article.
port Harbor or the Pacific Ocean with- SECTION 10504. Live Bait Receivers,
out a current valid permit existing Requirements. All live bait receivers
therefor when required by this Chapter, use within the wafers of Newport Harry
or maintained in a manner or for a our. bor shall be provided with screen trays
pose other than or ditterent from that in the bottom thereof so as to retain all
provided in the permit, shall constitute dead bait within the receiver which
a nuisance and shall be immediately can be raised to dispose of said d e ad
abated and may be removed. it upon bait. All live bait receivers within the
written notice to remove any such s6uOf City shallc also flts have a Scr less or solid
fure the owner thereof tails, re
neglects to do so within a reasonable ceiver is completely covered by a root.
time specified In the notice, being not SECTION 10505. Permit for Bait Re-
less than five (5) nor more than thirty ceivers. No person shall install or Op-
(30) days after such notice, the City erate within the waters of Newport Har-
shall abate or remove if and the cost bor or the Pacific Ocean any bait re-
there0t may be recovered from the own- celver without first obtaining a permit
er of such structure in a civil action.
permifrshall be fissue0i City idlsign
Charter S
HARBOR SANITATION of the receiver is approved by the Pub -
SECTION 10500.
person Discharge h Refuse. tic Works Director. All applications for
(a) No allow shall Discharge, or permits phe ldetl for herein shall be
permit l allow any Omer person o- made to the Public Works Director and
a vessel antler his control or cam- sign 0 nisaidb reed veer showing the ifee de-
mand to discharge, any human it ant- Twenh tive Dollars ($25.001.
coal excrete
foci from any head, toilet he Y-
similar facility On a vessel Into the SECTION move Nonconforming Bait Re.
wafers m Newport Bay. ceivers, Removal Of. elver Storage of live
(b) No Person shall throw, eis- bait a re than in a receiver comormog
charge, deposit or leave Or cause, ged, A er requirements hereof written nnotice 10
ter si permit ft be thrown, discharged, After three (3) egos' rmng receiver, to
deposited or Idpl either from the shore the owner of o ed by the Ci receiver, it
a from any pier or vessel Or from may to removed ex the Cfri Manager
any factory Or elsewhere, any refuse and sore at the Commercial Of MG owner.
matter Of any description, into the noon SECTION 10507. CCatch or furnish Boats.
gable waters of Newport Harbor Or on All boats used to catch or furnish live
the shore of Newport Harbor Or any bait shall, of all times, have all be
of the C wafer Within the a may boundaries a covered l dead in Which shall be
0t the City where the same may be Plats all tleatl bait. Bait tanks On such
wash a into Newport Harbor y ti or such oats when containing half shall rt when navigable wafer, either by tides, or by Harbor by all covers which fits Newport
Hopes or otherwise.
(c) NO Person shall place Or allow over the top except while bait Is ac-
vessels, boa, materials, garbage, re- Wally being ITS
ts tarred to or from the
tuse, timber or waste matter of any tank.
description to remain on Or upon the SECTION l D aft oBait, Disposal placed
shore lines 0t the Pacific Ocean Or pe
on the shore lines of Newport Har- any live or dead halt In the uncoidined
bor within the City. The City Manager waters or NmPOrf Harbor except when
may remove the same with or without It is attached t0 a heck or hooks In the
notice, of his option, and the cost act of fishing.
thereat may be recovered from any SECTION 10509. Bait — Sale, Transfer.
person owning the same, Or placing No person shall transfer live balt from
or causing it to be placed On the one vessel to another vessel or sell the
shore line, In a civil action. same at retail from a vessel within the
(d) Exception. Notwithstanding the limits of Newport Harbor, except when
provisions of subsection (c) hereof, all vessels involved are moored to a
vessels not exceeding twelve (12) feet Pier and are within the Plerhead Ito,
In length may be kept In the hollowing except that during a Period of adverse
areas: conditions of sea or beaches causing
(1) The area at shore life lying be. the transfer tram offshore receivers to
tween the 151h Street public pier and be hazardous, a location Inside the Har-
the northerly Prolongation of the east bor may be used with the approval or
line at 151h Street, in which area ves- in, r.n, Manager.
sets may be kept only by persons SECTION 10510. Permits, Suspension or
owning moorings in those certain Revocation. A permit fora bait receiver
mooring areas designated as AS and shall be issued for an indeterminate
B -1 on U.S. Coast & Geodetic Survey Period. Any permit for a live bait rn
Chart No. 5108. reiver shall be revoked by the City Coun-
(2) Tied of the mooring area pro- cil if the receiver is in a state Of dis-
vided in the wafer between the north. repair, does not comply with the re-
arty Prolongation of the east line of qulremenfs of this Chapter, has become a
on said reef, and the public pier source at Pollution or the bay, or Is a
m said street, in which area vessels nuisance or becomes detrimental to per -
may be kept only by persons own- sons or property in the vicinity. The
armoorings In that certain mooring Permiffee shall be given written notice
area designated Ch On U.S. Coast of the intention to revoke the Permit
S Geodetic Survey 01. Chart NO. Flat
SECTION Material. Discharge al Flair- le the an five shown d the permit not
maple Material. No person shall Pump less than rive (5) days berthe the
In tithe was from any Vessel Or tank matter is fc be considered may by the City
ed
Into the waters la Newport Harbor, all. Council. Such notice may be delivered
vered
spirits, or any flammable liquid, or de- to the ail with personally or by first
posit ally rubbish, offensive c matter Or anti- clan mete WI}h Postage PhlDdle.
Iles of any offensive character thereto Chapter 6
or upon any pier or street Iea0ing to SPECIAL-USE Designation AREAS
such SECTION facility. SECTION 10500. Designation of Special -
SECTION 10502. Dead Animals. NO Use Area sc Violations.
Person shall throw, Defye or leave any (a) thPurr Description.
dead animal or pufretYtng matter IMO For the purposes of this Article, the
Page 3 of 5
following described area is hereby
designated as a Special -Use Area, and
only those uses which are set torch by
resolution of the City Council shall be
permitted in said Area at designated
times, and only in the zones specified.
That portion or Newport Harbor lying
northerly of a line and its Prolongations
between Stations 109 and 110 on the
line of Ordinary High Tide, as establish-
ed in Orange County Superior Court
Decree No. 20436, dated May 6. 1926,
and recorded In the Orange County
Recorder's Office In Book of Deeds, 651,
Page 72.
(b) Violations.
Within said Special -Use Area it shall
be unlawful:
(1) For any person except a pub-
lic Officer in the Performance of his
duty to operate a motorboat or vessel
at a speed in excess of five (5) nautical
miles per hour, or at any speed which
creates a wake that may cause damage
to moorings of vessels Or floating
structures, except that such speeds
shall be permitted In such zones and
during such hours as may be designated
by resolution of the City Council. The
SPetl, zone areas and hours shall be
Posted by the District.
(2) For any Person Operating a
vessel to tow any obtect, structure, or
vessel at a distance in excess of
seventy -five (75) feet astern of the
towing vessel.
(3) For airy Person to engage in
swimming Or wading for the Purpose
Of recreation except in zones which may
be designated as swimming zones by
resolution of the City Council or Board
for Water areas adi0ining frontage areas
maintained under authority of the re-
spective legislative body, the limits at
which zones shall be Posted by aP-
proprlate signs or markings.
(4) For any Person to operate a
hydrofoil craft In excess or five (5)
nautical miles per hour.
(5) For any Person to operate a
motorboat in areas closed to navigation
antl so Posted, except a Public officer
In the Performance of his duty.
SECTION 10601. Ski Zone Regulations.
In zones designated by the City Coun-
-11 by resolution as ski zones within
the Special -Use Area, it shall be un-
awful:
(1) For any Person during authorized
Skiing hours to operate or cause t0
be placed therein Or thereon any ves.
sel other than a motorboat eighteen
(18) feet or less in length and with
unobstructed operator's view, except
public officers on duty and others
Pursuant to a special permit to hold
a boat race granted under the pro-
visions of this Article.
(2) For any person to permit the
operation of a motorboat in his Pos-
session or control by a Person under
the age of fourteen (14) Years, or
for any person under the age of
fourteen (14) Years to operate a moor -
beat, While towing any Person Or
persons.
(3) For any Person to operate a
motorboat towing a skier other than
In a counterclockwise traffic Pattern,
except when specifically directed other-
wise by a Public officer or em Ployee
engaged in the enforcement at state
law or local regulations.
(4) For any person operating a
motorboat to tow more than two (2)
persons of one time or to tow any
device, Or arty Person using any de,
vice, Other than single or double water
skis without hydrofoils Or Other at-
tachments.
(5) For any person Operating a
motorboat to commence towing a water
skier against the counterclockwise frat-
tic Pattern Or from other than a des-
ignated 'fake -oft' area, provided that
a water skier may be picked up or
launched from another area if the
Operator of the motorboat Provldins
the tow Yields the right of way to
other motorboats within the traffic
pattern of the ski area towing a
water skier or skiers.
(6) For the Observer In a motorboat
Whose skier has fallen to tall to im-
mediafely raise one arm vertically,
Or a flag having an area Of not less
than one Square foot and measuring
not less than one Not in width and
height. to is height of at least two
(2) feet above the highest point Of
the hull Or superstructure, including
any wNdA,leld, and for the Observer
in a motorboat approaching a fallen
skier to fail to immediately raise one
arm vertically upon observing the fal-
len skier in the wafer.
(7) For am person operating a mo-
torboat f0 tow any person at a dist-
ance in excess of seventy -five (75)
feet from the towing vessel.
(8) For any Person to operate a
motorboat trailing a loose towline ex.
cept when returning immediately t0 a
fallen skier.
(9) For any person to operate a
motorboat that does not have controls
enabling if to reverse.
SECTION 10602. Speed Zone Regula-
tions.
In zones designated by the City Cepn-
ciby resolution as speed zones within
the Special -Use Area, it shall be un-
For any person, during roe time
BY when the speed zone is in
to operate or cause 10 be
d therein or thereon any vessel
than a motorboat eighteen (18)
or less in length and with un.
lcled Operator's view, except pub -
fficers on duty and others pur-
to a special permit to hole a
race granted under total regula-
For any person to operate a
'boat in other than a counter -
wise traffic pattern, except when
rically directed otherwise by a
: officer Or employee eng3gad in
en
nforclent of state law or local
(3) For any person to Operate a
motorboat in excess of the posted
speed, except a public officer In the
performance of his duty.
SECTION 10601. Bay Island Channel-
Special -Use Area.
The channel lying between Bay Island
and Balboa Peninsula is designated as
a Special -Use Area. Between June I
and September 15 of each year, both
dates inclusive, no person shall operate
any motorboat Into or through said
channel.
SECTION 10700. Protected Swimming
Areas. The areas of the City in or
along Newport Harbor and in or along
Me Pacific Ocean hereinafter described
shall be 'Protected Swimming Areas ".
SECTION 10701. Swimming Area No. 1.
Beginning of the point of intersection
Of the southerly prolongation Of the
easterly line of Marine Avenue, as said
Marine Avenue is shown on a map M
Section 4, Balboa Island recorded in
Miscellaneous Maps, Book 7, Page V.
Records of Orange County, with the
U. S. Bulkhead Line between U. S.
Stations 255 and 256; thence Southerly
along Said southerly prolongation of the
easterly line of Marine Avenue, a dIS-
tance of 96 feet, N the U. S. Pier.
head Line; thence westerly along said
S. Pierhead line to an Intersection
It the southerly prolongation of the
Rterly line of Lot 4, Block 1, Of
Section 4 Of Balboa Island: thnn.o
said U. S. Bulkhead Line; thence east.
erly along said Bulkhead Line M the
point of beginning.
SECTION 10702. Swimming Area No.
2. Beginning of the point Of intersec,
Pion of the northerly prolongation of
the easterly line of Lot 15, Block 13,
Section 3. Balboa Island: as said tract
is shown upon a map recorded In
Miscellaneous Maps, Book 7, Page 15,
with the northerly line Of Lot 'B' of
said Section 3, Balboa Island; theme
northerly along said northerly prolonga.
tion Of the easterly line of Lot 15, to
an intersection with the U. S. Bulk-
head Line between U. S. Stations 151
and 152; thence westerly along said
U. S. Bulkhead Line to an Imersec-
Lion with the Northerly prolongation of
the westerly line of Lot 15, Block 12,
of said Section 3, Balboa Island; thence
southerly along said northerly Prolonga-
tion, to an intersection with said
northerly line of Lot 'B'; theme east.
erly along said northerly line of Lot
'B', to the Point of beginning.
SECTION 10703. Swimming Area No.
3. Beginning at the most northerly
corner of Lot 40, Tract 756, as shown
upon a map, recorded in Miscellaneous
Maps, Book 23, Pages 7 and 8, Rec-
ords of Orange County, California;
thence northeasterly along the north-
easterly prolongation of the northwest-
erly line of said Lot 40, to an imer.
section with the U. S. Pierhead Line;
theme southeasterly along said U. S.
Pierhead Line to an intersection with
the northeasterly prolongation of the
southeasterly line of 'N' street. as
shown on said Tract No. 756; theme
southwesterly along said norheasterlY
prolongation to the northeasterly line
of said Tract No. 756; theme north.
westerly along said northeasterly line
of Tract No. 756 to the Point Of be-
giming.
SECTION 10704. Swimming Area No. 4.
Beginning at the point of intersection
Of the northeasterly line of Shell Street
and southeasterly line of Fernleaf Ave-
nue, as said streets are shown upon
a map of Corona del Mar, recorded
in Miscellaneous Maps, Book 3, Pages
41 and 42, Records of Orange Lnpnty.
California; theme southwesterly along
said southeasterly line of Fernleaf Ave,
nue and the southwesterly prolongation
thereof, to an intersection with the line
of Mean High Tide, as described In
Superior Court Case No. 23688. it and
for the Superior Court of Orange Count.
ty, California; theme northerly along
said Mean High Tide Line to an In.
tersection with the northwesterly ine of
Dahlia Avenue, as shown upon said
Map of Carona del Mar; theme north.
easterly along said northwesterly line
along
Pic-
of
SECTION 10705. Swimming Area No. S.
Beginning at a point in the U. S.
Bulkhead Line between the U. S. Station
116 and U. S. Station 117, said point
of beginning being 50 fret southeast-
erly Of the southeasterly line of 10th
Street; thence southeasterly along said
U. S. Bulkhead Line a distance Or 200
feet; thence northeasterly parallel to
said 10th Street to an intersection with
the U. S. Pierhead Line; thence north-
westerly along said U. S. Pierhead Line
a distance of 200 feet; thence South.
westerly to the point of beginning.
SECTION 10706. Swimming Area No:
6. Beginning of a point in the East
Jetty of Newport Harbor 450 feet south-
erly of the Mean High Tide Line of
the Pacific Ocean; thence easterly
parallel to and 450 feet southerly of
said Mean High Tide Line. a distance
Of 1,450 fret; thence due north to an
Intersection with said Mean High Title
Line; thence westerly along said Mean
High Tide Line to the East Jetty;
thence southerly along said East Jetty
to the point of beginning.
SECTION 10707. Swimming Area No.
7. Beginning at the most northerly
corner of Lot 4, Block 218, as shown
upon a map of Section 'B', Newport
Beach, recorded in Miscellaneous Maps,
Book 4, page 27, records Of Orange
County. California; thence southeasterly
along the northeasterly line of said Lot
a distance of 65 feet; thence northeast-
erly at right angles to said northeast-
erly line t0 a point In a one lying
northeasterly of, parallel to, and dis-
tant 5o feet from the said northeast-
erly line of Lot 4, Said point being
the true point of beginning; thence can -
tinuing northeasterly at right angles to
said northeasterly line f0 an intersec-
tion with the U. S. Plerhead Line;
thence southeasterly along said Pierhead
Line to an Intersection with the north-
easterly prolongation of the northwest-
erly line of Lot 17, of said Block 218;
theme southwesterly along said north-
easterly prolongation to an Intersection
with the aforementioned parallel line;
theme northwesterly along said parallel
line to the true point of beginning.
SECTION 10708. Swimming Area NO.
& Beginning of the point of intersec-
tion of the northeasterly prolongation of
the northwesterly line of Lot 17, Block
218, as Shown upon a map of Section
B', Newport Beach, recorded in Mis-
cellaneous Maps, Book 4, page 27, rec-
ords of Orange County, California, end
the U. S. Plerhead Line; thence south.
easterly along said U. S. Pierhead Line
to an intersection with the northeast.
erly Prolongation Of the northwesterly
line of 17th Street as shown upon a
map of said Section 'B'; thence South.
westerly along said northeasterly Pro-
longation Of 1Rh Street t0 an Intersec-
tion with a line lying parallel to and
cilstam 310 feet from and northeasterly
of the northerly line of Balboa Boule-
prolongation Of
of Lot 17 to the
SECTION 10709., Swimming Area No.
9. Beginning at the point of Intersec-
tion of the southeasterly line of Gold.
enrod Avenue as shown upon a neap
of Corona del Mar, recorded in Mls.
cellaneous Maps, Book 3, pages 41 and
42, records of Orange County, Callforn.
la, and the Mean High Tide Line of
the Pacific Ocean; thence easterly and
southerly along Said high tide line to
an intersection with the southwesterly
line of Shore Avenue as shown upon
said Map of Corona del Mar; Inence
northwesterly alone said southwesterly
line of Shore Avenue to an intersection
with the southwesterly prolongation of
the northwesterly line of Goldenrod
Avenue as shown upon said map of
Corona del Mar; theme northeasterly
along said southwesterly prolongation
and along the northeasterly line of said
Goldenrod Avenue to an intersection
with the high fide line of the Pacific
Ocean; thence easterly along said high
tide line to the point of beginning.
SECTION 10710. Swimming Area No.
10. Beginning at a point Of Intersec-
tion of the Mean High Tide Line of
the Pacific Ocean and the southwester.
ly prolongation of the northeasterly line
of Poppy Avenue, as shown upon a
map of Tract No. 673, recorded in
Miscellaneous Maps, Book 20, pages 17
and 18, records of Orange County. Cal) -
fornia; thence southwesterly along the
southwesterly prolongation of the north.
easterly line of said Poppy Avenue a
ice of 200 fret; theme easterly
a line lying parallel to and dls-
200 feet southerly of said Mean
Tide Line to an Intersection with
southwesterly Prolongation of the
easterly line of Beach Drive as
I upon a map of said Tract No.
thence northeasterly along the
pesterly prolongation of the north -
9Y line of said Beach Drive to
ntersection with said Mean High
Line; theme westerly along said
High Tide Line to the point of
SECTION 10720. Limitation an Use of
Protected Swimming Areas. When lines
and floats or buoys are In place out-
lining protected swimming areas, whets.
er designated by the City or County,
no person shall operate, drive, navi-
gate, use or possess within, or fake,
drive, propel or permit to drift Into
a protected swimming area any vessel,
surfboard, skid board skimmer board,
ski, paddleboard, canoe or similar ob-
lect made entirely or partially of wood.
metal, glass, hard plastic or any other
hard substance.
There is excepted from the provisions
of this section the use Of a Surfboard,
paddleboard, or similar device, in that
portion of airy protected swimming area
which is designated is surfing area dur-
ing the hours surfing Is permitted
'age 4 of 5
herein.
SECTION 10721. Prohibited Swimming
Areas. It shall be unlawful for am to be
In any portion of the main mchannel or
entrance channel of Newport Harbor
from the harbor entrance W the turn-
ing basin, as the same are shown on
the U. S. Harbor Line Map File NO
958, Los Angeles District U. S. Army
Engineers am as shown on U. S. Coast
& Geodetic Survey Chart No. 5108 on
file in the District Office.
SECTION 10722. Skin Diving and
Swimming in Entrance to Newport Her-
bar Prohibited. No person shall wade,
bathe. skin dive, or swim in the follow -
in0 described area at the entrance ro
Newport Harbor:
Beginning at a point of intersection
of the southerly line of Shore Avenue
as shown upon a map of Corona
del Mar, recorded in Miscellaneous
Maps, Book 3, pages 41 and 42, rec-
ords of Orange County, California,
and the centerline of the East Jetty.
thence southerly along the centerline
of the East Jetty to the end of
said ietry, thence southerly along a
line parallel to the southerly Prolonga-
tion of the centerline of the West
Jetty to a point 500 yards tevond
the end of the East Jetty, thence
westerly along a line perpendicular
to said centerline IN the West Jetty
to an intersection with she crn,onga.
tion of the centerline M the West
Jetty, thence northerly along Said can.
terline of the West Jetty and its Pro-
longation to the southerly line of Lot 1,
Block P. of Tract 518, recorded in
Miscellaneous Maps, Bo.'K 17, pages
33 and 34, records of Oran3e Lounty,
California, thence easterly across the
channel to the point of beginning.
SECTION 10723. Prohibited Areas for
Certain Types of Vessels. It shall be
unlawful for any person to operate any
paddleboard, kayak, Pedalo, life raft or
similar type of craft used for the trans.
portation of persons in any portion of
the main channel or entrance channel
of Newport Harbor as defined in Section
10722.
SECTION 5. This ordinance shall be
published once In the official newspaper
of the city, and the same shall be et.
fective 30 days after the date of Its
adoption.
This ordinance was introduced at a
regular meeting of the City Council of
the City M Newport Beach held on the
81h day of June. 1964, am was adopted
on the 24th day of August. 1%4, by
the following vote, to wit:
AYES, COUNCILMEN: Parsons,
Marshall, Elder, Gruber, Cook, FOMIt,
Stoddard.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN: None.
PAUL J. GRUBER
MAYOR
ATTEST:
MARGERY SCHROUDER
CITY CLERK
Published Newport Harbor News - Press.
Newport Beach. Calif. ,Aug 31, 1964
1136-64
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
1 Willi .
am .M.3chmidt , being first
duly sworn and on oath, depose and say that I am
the Adve_rii.83ng ...... Man... ager of the
Newport Harbor News Press DAILY PILOT, a news-
paper of general circulation in the City of Newport
Beach, County of Orange, State of California, and
thafCity Ordinance Number 1090
of which the copy printed hereon is a true and com-
plate copy, was printed and published in the regu-
lar issue (s) of said newspaper on
Auguat 31 .............. ............................... 196
....._-... ......._....._-------- tl._ -----
. ...._......._ ................ ......................
Subscribed and sworn to before me this .L.3.1 8t
O
day of - us
...... t 196.......7 ...
Notar u tic in and fNr the County
of (%rancitil, State of California
JOSEPH E. DAVIS
My Commission expires MY Commission Expires Lunn 21_, 1M
STATE OF CALIFORNIA
COUNTY OF ORANGE )SS.
CITY OF NEWPORT BEACH )
I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that
the foregoing oin .......... Ordinance. ............................. ...............................
.....
No. ,1090 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 . N4;4 ....... day, of .... -. AuYu SX ..... ............................... 19 M'...
by the following vote:
AYES: COUNCILMEN ..,Sgoddard For it Cook Gruber9 glder2 Marshallp
........ ? nsOnS ............................................... ...............................
NOES: COUNCILMEN None
ABSENT: COUNCILMEN ............ None ....................... ...............................
Dat3d.tbi5,...1Ot11... day of ..........DDecember . ............................... 19 �!''....
City Clark of he Cil of Newport Beach, Stele of California