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HomeMy WebLinkAbout1607 - Anchorage & Mooring RegulationsORDINANCE NO. 1607 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.22 TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "ANCHORAGE AND MOORING REGULATIONS" The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 17.22 is added to the Newport Beach Municipal Code to read: "CHAPTER 17.22 ANCHORAGE AND MOORING REGULATIONS Sections: 17.22.010 17.22.020 17.22.030 17.22.040 17.22.050 17.22.060 17.22.070 17.22.080 17.22.090 17.22.100 17.22.110 17.22.120 17.22.130 17.22.140 17.22.150 17.22.160 17.22.170 17.22.180 17.22.190 17.22.200 17.22.010 Location. Permit Necessary. Issuance of Permit; Conditions. Plans and Specifications Required. Fees. Delinquent Fees. Unauthorized Use of Mooring. Transfer of Permit. Revocation of Permit. Cancellation; Use of Unoccupied Moorings. Rental Not Permitted. Chains and Fastenings. Buoy Markings. Maintenance. Mooring Anchoring Requirements. Specifications. Inspection of Moorings. Application of Chapter. Appeal. Administration. Location. No person having charge of any vessel shall moor or anchor the same in Newport Harbor except within the areas and at the places designated therefor. Any vessel which is moored or anchored at a place not designated for such.vessel shall, upon the demand of the City Manager, be forthwith moved to the place or places designated. therefor. In the designation of mooring areas and anchorages, bonsidera- tion shall be given to the needs of cdmmerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless the same shall be secured both fore,and'aft. except as provided in Section 17.22.150. Every vessel moored or anchored in any. -1- • part of a harbor outside.of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. 17.22.020 Permit Necessary. No person shall place, erect, construct or maintain moorings or buoys in the waters of Newport Harbor over City -owned or controlled tidelands without first having obtained a permit therefor from the City Manager upon written application signed by the registered owner of the vessel to be moored, or by an agent so authorized in writing. Any work described and authorized in the permit must be completed within sixty (60) days after issuance thereof. 17.22.030 Issuance of Permit; Conditions. The City Manager, in furtherance of the tideland grants to the City, may issue.a permit to allow the permittee to temporarily use a portion of the waters of Newport Harbor for the mooring of a vessel. Each permit so issued by the City Manager shall be issued to the permittee, specify the vessel for which the permit is issued and provide that the per - mittee may change the vessel for which the permit has been issued, upon written notification to the City Manager, and which permit shall allow the permittee to moore only the vessel owned by him and assigned to the permit to such mooring or buoy. 17.22.040 Plans and Specifications Required. No permit shall be issued for placing, erecting, constructing or maintaining a mooring or buoy except: (A) In accordance with standard plans and specifications approved by the City Manager and at a location approved by the City Manager, or (B) In accordance with other plans and specifi- cations for said mooring or buoy which have been sub- mitted by the applicant, showing the construction of said proposed mooring or buoy together with the -2- location thereof, and which meet the requirements established. in this Chapter and which have been approved by the City Manager. 17.22.050 Fees. Fees for permits issued under this Chapter shall be paid in amounts and at a time as provided by resolution of the City Council. 17.22.060 Delinquent Fees. When the permittee is in arrears for a period of thirty (30) days or more, the City Manager may, at his option, cancel the permit upon five (5) days' written notice to the permittee by first - class mail to the address shown on the permit. If the mooring 'is not removed by the permittee within thirty (30) days after cancellation of the permit, it shall be deemed abandoned and the title thereto shall vest in the City. 17.22.070 Unauthorized Use of Mooring. No person shall use a mooring unless he holds a current and valid permit therefor, except with the permission of the City Manager for temporary use, as herein provided. 17.22.080 Transfer of Permit. No permittee shall transfer a permit for a mooring or buoy granted under the provisions of this Chapter without the prior written approval of the City Manager. No permittee shall retain any right to use the mooring or buoy after having divested himself of the ownership of the vessel to be moored thereto. Upon such divesting, the ownership in such mooring or buoy shall remain with the permittee, but the right of use thereof shall vest in the City until such time as the City shall grant a permit for such mooring or buoy to another person. The permittee shall remove the mooring or buoy within thirty (30) days after divesting himself of owner- ship of the vessel to be moored thereto or, upon failure to remove the mooring or buoy, title shall vest in the City. The.City may, thereafter, sell the mooring or buoy. -3- 17.22.990 Revocation of Permit. (A) Grounds for revocation. Any permit granted for a mooring or buoy in Newport Harbor may be revoked by the City Council upon any of the following grounds: ® (1) The mooring or buoy has become detri- mental to commerce, navigation or fishing; (2) The mooring or buoy is detrimental to use, operation or development of Newport Harbor; (3) The mooring or buoy has fallen into a state of disrepair; (4) The space occupied by the mooring or buoy in the vessel affixed thereto is over publicly owned land and such space is to be devoted to a more necessary public use; (5) The use of the space violates the terms of the tidelands trust grants (B) Notice and hearing. Any be revoked only after a public hea Council at which the permittee has be heard. At least five (5) days' to the City. such permit shall ring before the City an opportunity to notice of such hear- ing shall be given in writing by first -class mail with postage prepaid addressed to the address of the per - mittee shown on such permit, setting forth the date, time and place of hearing. After such hearing, City Council may revoke, conditionally revoke, conditional - ly refuse to revoke or refuse to revoke any permit. 17.22.100 Cancellation; Use of Unoccupied Moorings. Each such permit shall be subject to the following con- ditions which shall be printed on the permit form: (A) Said permit may be canceled at any time for violation of any condition of the permit or any pro - vision of this Chapter including payment of any fees upon giving five (5) days' written notice to the per - mittee by first -class mail to the address shown on the permit; (B) Upon cancellation, it shall be the duty of the owner of said mooring to immediately remove the same; (C) If not removed within thirty (30) days, ® said mooring may be removed by the City Manager and the cost thereof shall be paid by the occupant of said mooring place, and the same may be collected in any court of competent jurisdiction; (D) If said mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the City Manager; (E) If not used by the owner for a period of ninety (90) consecutive days, it shall become the property of the City, unless such time has been extended in writing, provided that any such extension shall not exceed ninety (90) additional days, and thereafter such mooring shall automatically become the property of the City to be removed or sold and, ® if sold, all proceeds of such sale are to be paid to the City. 17.22.110 Rental Not Permitted. No mooring may be leased or rented by the permittee to another person except with the written permission of the City Manager. 37.22.120 Chains and Fastenings. (A) No person shall erect, construct or maintain any mooring in Newport Harbor unless all chains and fastenings are of sufficient size to stand a breaking strain of at least six (6) times the weight of the mooring. (B) A11 mooring lines on buoys shall be so arranged that when dropped they will immediately sink. With a double mooring, however, it shall be ® permissible to connect two. (2) mooring lines with a spreader line having floats attached thereto to keep said line afloat when the mooring is unoccupied. -5- 17.22.130 Buoy Markings Mooring buoys shall be painted with the number allocated thereto by the City Manager to the mooring, the numeral(s) of which shall be at least three (3) inches in height. 17.22.1 40 Maintenance. All moorings shall be kept in good and serviceable condition in the location assigned by the City Manager and the numbers thereon maintained in a legible condition at all times. 17.22.150 Mooring Anchoring Requirements. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stern in such a manner as to prevent said vessels from swinging, turning or drift- ing, except in areas designated by the City Manager as single mooring areas. Vessels in said single mooring areas may be tied from the bow or stern only. 17.22.160 Specifications. Specifications for the size of chains required on moorings and weights of mooring's • shall be adopted by resolution of the City Council. r 17.22.170 Inspection of Moorings. Each mooring shall be lifted by.the owner for inspection by the City Manager at least once every two (2) years and shall be repaired so as to be in good condition before being replaced, provided that the City Manager may require any mooring to be lifted at any time when deemed necessary to assure it is in good condition. If the permittee has such lifting per- formed by a licensed marine contractor, then the City Manager may authorize said contractor to inspect the mooring in be- half of the City Manager and certify the results to the City Manager in writing. 17.22.180 Application of Chapter. The terms of this Chapter, as they relate to moorings and buoys, shall apply ® to "on -shore moorings" which are moorings located landward of the pierhead line and to "offshore moorings" which are located bayward of the pierhead line, with equal force and effect. l� u • 17.22.190 Appeal. Any person aggrieved by the denial or cancellation of a permit by the City Manager may appeal to the City Council by filing a written appeal with- in ten (10) days after the rendering of the denial or can- cellation by the City Manager. The decision of the City Council on the appeal shall be final. 17.22.200 Administration. Pursuant to an agree- ment between the County of Orange and the City of Newport Beach, the Director of Harbors, Beaches and Parks of the Orange County Harbors, Beaches and Parks District shall administer all provisions in this Chapter dealing with moorings and buoys, except the revocation of permits by the City Council and collection of all fees hereafter. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of April 1975, and was adopted on the .12th day of May , 1975, by the following vote, to wit: ATTEST: C y Clerk CERTIFIED AS THE ORR31NAL AND CERTIFIED AS TO PIJ ICATION D E .-MAY _..1.4...19 /.7..5/' .. CITY CLER OF THE CITY OF NEWPOR BEACH AYES, COUNCILMEN: McInnis, Dostal, Kuehn Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None ABSTAINED: Barrett Mayor a2* HRC:ah 4 -1 -75 -7-