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Home My WebLink About1759 - Commercial Activities on Newport Harbor Waters4' • • ORDINANCE NO. 1759 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 17.41 ENTITLED "COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR" OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HARBOR REGULATIONS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 17.41 of the Newport Beach Municipal Code is amended to read as follows: "CHAPTER 17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR SECTIONS: 17.41.010 Definitions 17.41.020 Permit for Commercial Activities Required 17.41.030 Application for Permit 17.41.040 Filing Fee 17. 41.050 Public Hearing; Notice of Hearing 17.41.060 Grounds for Issuance or Denial of Permit 17.41.070 Power to Impose Conditions; Hold Harmless 17 41.080 Duration of Permit 17.41.090 Revocation 17.41.100 Transfer of Permit 17.41.110 Public Liability Insurance 17.41.120 Licenses and Fees Not Exclusive 17.41.130 Application to Existing Activities 17.41.010 Defintions. "Waters of Newport Harbor shall mean all waters of Newport Harbor in which-the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under the tidal water are privately or publicly owned.. "Commercial Activity" shall mean any service, trade, business or occupation carried on for which any monetary or other valuable consideration is received, or for the purpose of profit, and shall include but not be limited to water taxi service, sight - seeing vessels and vessels on which one or more of the following activities are carried on or permitted: Service of food or beverages, dancing, entertainment, sale of merchandise, or commercial advertisements. 17.41.020 Permit for Commercial Activities Required. No person shall engage in or carry on any commercial activity on the waters of Newport Harbor without first having applied for and obtained a permit for such activity from the City Council. EXCEPTIONS: The requirements of this Chapter are not applicable to persons operating commercial fishing_ vessels or private vessels chartered primarily for use outside of Newport Harbor. Also excepted are persons owning vessels used in connection with boating clubs and persons performing boat custodial and maintenance services or marine construction contracting services. Vessels used in connection with an excepted activity shall not also be used for office purposes unless a permit as required by Section 17.41.020 is first obtained. 17.41.030 Application for Permit. An application for a permit under this chapter shall be filed with the Finance Director upon forms provided by the City, and shall contain the following information and such other information as the 0 City Council may require: (a) The name, business address and business telephone number of the applicant (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c) The name, address and telephone number of the person, or persons who will have general management responsibility for the applicant's business; (d) A detailed drawing of the boat, watercraft and /or other facilities which the applicant proposes to use, together -2- with such specifications and other technical data as may be needed for proper evaluation of the application. (e) A full description of the proposed method of operation of such vessel, watercraft and /or other facilities, • including but not limited to: (1) Hours of operation; (2) Maximum number of patrons or passengers. (3) Route or routes of travel; (4) Embarkation and debarkation points; (5) Types of activities to be permitted on board; (6) Types of merchandise to be sold. (f) A description of the manner in which the applicant intends to dispose of sewage, trash and litter resulting from the operation. (g) A description of the type of entertainment which the applicant proposes to provide, if any'. (h) A description and location of parking facilities available for the proposed operation. 17.41.040 Filing Fee. An application as required by this Chapter shall be accompanied by a filing fee as established- by Resolution of the City Council to compensate the City for the administrative costs of processing such application. 17.41.050 Public Hearing. Notice of Hearing. (a) Upon the filing of a completed application for a permit as required by this chapter, the Finance Director shall refer the application to the Orange County Harbor District, Chief of Police, Marine Director, Community Development and other appro- priate City departments, for investigation and report. The Finance Director shall also refer the application to the City Clerk who shall set a time and date for public hearing at which time the City Council will consider the application. The City Clerk shall schedule said hearing on the agenda for the first available regular Council meeting occurring not less than • thirty (30) days following the date on which the application is submitted. -3- ............ (b) Notice of the hearing shall be published in the official newspaper of the City at least once, not less than ten (10) days prior to the date scheduled for the hearing. 17.41.060 Grounds for Issuance or Denial of Permit. After consideration of all evidence which it deems relevant at the public hearing, including any recommendations of the Joint Harbor Committee, the City Council shall determine whether to issue or deny the requested permit. In reaching a decision the City Council shall consider the following factors: (a) Whether the proposed commercial activity is compatible with the predominantly recreational character of Newport Harbor. (b) Whether the proposed commercial activity is likely to create an unreasonable level of noise which will inter- fere with the rights of the public to peace and quiet and /or property owners whose properties abut or are in close proximity to the Harbor, to the peaceful enjoyment of their property. (c) Whether the proposed commercial activity will have • an adverse effect on the efforts to keep the Bay free of pollution and litter. (d) Whether the vessel or watercraft proposed to be used by the applicant satisfies the applicable standards of the U. S. Coast Guard. (e) Whether the proposed method of operation will create unreasonable traffic problems in Newport Harbor, which would interfere with the rights of others to use the Harbor. (f) Whether the proposed commercial activity is marine dependent. 17.41.070 Power to Impose Conditions; Hold Harmless. In granting any permit pursuant to this Chapter, the City Council may impose any conditions in connection with the permit that it • deems reasonably necessary to insure that the proposed commercial activity will be compatible with the predominantly recreational character of Newport Harbor, the rights of other persons using the Harbor, the interests of residents and property owners whose -4- 9 • r �J properties abut or are in close proximity to the Harbor, and the interests of the general public. Any such permit shall contain a provision stating that the permittee shall hold the City, the County of Orange, and the Orange County Harbor District harmless from and indemnify said agencies against any claim for damages arising out of the exercise of the permit; and in addition the permittee shall reimburse said agencies for all attorneys' fees and other costs which are expended by them in defending against any claim,.lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. 17.41.080 Duration of Permit. Unless otherwise specified, a permit issued pursuant to this Chapter shall be valid for an indefinite period of time unless such permit is suspended or revoked. 17.41.090 Revocation. Any permit granted pursuant to the provisions of this Chapter may be revoked by the City Council, either in whole or in part, after five (5) days' prior written notice to the permit holder, directing him to appear at a certain time and place to show cause why the permit should not be revoked, on any of the following grounds: (a) That the permit holder has made a misrepresentation as to any material fact set forth in the application. (b) That the permit holder has not filed adequate evidence of liability insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be cancelled. (c) For the violation of any rule, regulation or condition set forth in or authorized by this Chapter, or made a condition of the permit. (d) For the violation of any law or regulation.of the State, City, County of Orange, or the Orange County Harbor District, relating to the operation of the business by any permit holder or by his employees. 17.41.100 Transfer of Permit. No permit issued pursuant to the provisions of this Chapter shall be transferable, either -5- i by assignment, sale, hypothecation, operation of law, or other- wise, without the permission of the City Council having been first obtained. Application for transfer of any permit shall be subject to the same terms, conditions and requirements as in an application for an original permit. In approving the transfer of an existing permit, the City Council may impose such conditions as it may determine are in the public interest. 17.41.110 Public Liability Insurance. No holder of a permit to conduct a commercial activity on the waters of Newport Harbor shall engage in or carry on any such commercial activity unless there is on file with the City Clerk, and in full force and effect at all times while such commercial activity is being conducted, a policy of insurance approved by the City Attorney and the Finance Director, evidencing that the permit holder is insured under a policy of liability insurance providing minimum coverage in the following amounts: Death or injury of one person, $1.00,000; death or injury to two or more persons, $500,000; damage to property, $50,000. Said policy shall further provide that the City shall be given thirty (30) days' prior written notice of any cancellation, termination or change in the amount of such insurance coverage. Failure of any permit holder to maintain the insurance required by this Section shall constitute grounds for revocation of its permit. 17.41.120 Licenses and Fees Not Exclusive. Fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code. 17.41.130 Application to Existing Activities. Any person, firm, corporation or other entity conducting any commercial activity on the waters of Newport Harbor on the effective date of this ordinance who does not possess a valid permit issued by • ,the City Council pursuant to former Chapter 17.41 of the Newport Beach Municiapl Code shall apply to the City for such a permit Q� not later than ninety (90) days from the effective date of this ordinance." 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. • ATTEST: 1tv Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED t.5 TO PUSLICIATION MAR 3 1 1978 DAI E ..... i CITY.C.-..' C. TH 07f L:: • AYES, COUNCILMEN:Dostal, Barrett, Kuehn McInnis, Rogers, Ryckoff, Williams NOES, COUNCILMEN: None -7- DDO/bc 2/6/78 3/21/78 3/28/78 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of March 1978, and was adopted on the 27th day of March 1978, by the following vote, to wit: • ATTEST: 1tv Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED t.5 TO PUSLICIATION MAR 3 1 1978 DAI E ..... i CITY.C.-..' C. TH 07f L:: • AYES, COUNCILMEN:Dostal, Barrett, Kuehn McInnis, Rogers, Ryckoff, Williams NOES, COUNCILMEN: None -7- DDO/bc 2/6/78 3/21/78 3/28/78