HomeMy WebLinkAbout89-9 - Adding Chapter 11.17 to Newport Beach Municipal Code Regulating Operation and Launching of Vessels Along Pacific Ocean•
ORDINANCE NO. 89 -9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADDING CHAPTER
11.17 TO THE NEWPORT BEACH MUNICIPAL
CODE REGULATING THE OPERATION AND
LAUNCHING OF VESSELS ALONG THE PACIFIC
OCEAN.
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: Chapter 11.17 is hereby added to read as
follows:
Chapter 11.17
Regulation of Vessels Along The Pacific Ocean
Section
11.17.005
Purpose and Intent.
Section
11.17.010
Definitions.
Section
11.17.020
Vessel Launching and Operation
Prohibited.
Section
11.17.030
Exceptions.
Section
11.17.040
Vessel Storage Prohibited.
Section
11.17.050
Penalty.
Section 11.17.005. Purpose and Intent.
The City Council of the City of Newport Beach finds that:
A. Recreational use of the Pacific Ocean is heaviest in
the surf zone and the area immediately beyond the surfline
(nearshore zone);
B. The most common recreational activities in the
nearshore zone are swimming, wading, body surfing, surfing, and
sailboarding;
C. Children and young adults frequently engage in
recreational activities in the nearshore zone;
D. The operation of vessels in the nearshore zone is
incompatible with swimming, surfing, and similar activities in
that:
i. The operators of vessels may find it difficult
to see and /or avoid persons swimming beyond the surfline;
ii. Large swells or waves in the nearshore zone may
make it difficult to maneuver vessels so as to avoid swimmers,
body surfers and others;
iii. The operators of vessels have the capability to
operate at speeds which make it difficult or impossible to avoid
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contact with swimmers, body surfers and surfers;
iv. Vessels are typically equipped with props or
other objects which create the risk of serious injury in the
event of any contact between swimmers, body surfers or surfers;
V. Vessels frequently generate noise and fumes that
• disturb swimmers, surfers and beach users.
E. The creation of a special use zone will separate
vessels from swimmers and surfers thereby reducing risk of injury
and minimizing the adverse impact of noise and pollutants on the
beach environment.
F. The Dory Fisherman's Fleet should be allowed
continued access to the sea from the beach because the Fleet has
operated from the area north of the Newport Pier since the early
1900s, the Fleet and the area within which it operates have been
designated a historical landmark by the Newport Beach Historical
Society, the preservation of the Dory Fisherman's Fleet is
encouraged by City plans and policies and the operations of the
Dory Fisherman's Fleet are controlled to minimize any potential
conflict with surfers, swimmers and other beach users.
G. Vessels owned by governmental entities frequently
must operate within the nearshore zone to assist in rescue
opeations, protect public safety, repair or maintain government
equipment, or conduct scientific experiments.
H. On rare occasions, sporting events involving vessels
may seek use of the beach or the Special Use Zone at unusual hours
of the day or night and the potential conflict with beach users
can be avoided through imposition of special conditions or
restrictions.
Section 11.17.010. Definitions.
For the purposes of this Chapter, the following definitions
shall apply.
A. Oceanfront Beach. All public land owned or
controlled by the City of Newport Beach, including tidelands and
uplands, which fronts, in whole or in part, on the Pacific Ocean,
exclusive of the area described in Chapter 17.12 of the Newport
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Beach Municipal Code.
B. Special Use Zone. All waters of the Pacific Ocean
which abut any Oceanfront Beach and are inshore of the line
connecting, in sequence, the following points:
Point A - A point along the West Harbor Jetty that is
0 800 feet inshore from the light at the end of the Jetty;
Point B - A point 300 feet south - southwesterly of the
end of the Balboa Pier on a line prolonged from the center line of
the Pier;
Point C - A point 300 feet southwesterly of the end
of the Newport Pier, on a line prolonged from the center line of
the Pier;
Point D - A point along a line prolonged from the
east side of 50th Street and 1600 feet south - southwesterly of the
north curbline of Seashore Drive at its intersection with 50th
Street;
Point E - A point along a line prolonged from the
east side of Summit Street and 1600 feet south - southwesterly from
the north curb line of Seashore Drive at its intersection with
Summit Street.
C. Vessel. All watercraft, including boats and personal
watercraft, that are required to be numbered pursuant to the
provisions of the Vehicle Code of the State of California.
Section 11.17.020. Vessel Launching and Operation Prohibited.
A. No person shall launch a vessel from any Oceanfront
Beach, except in those areas designated by resolution of the City
Council.
B. No person shall operate a vessel in the Special Use
Zone, except in those areas designated by resolution of the City
Council.
C. No person shall operate a vessel in any protected
swimming area as specified in Chapter 11.12 of the Newport Beach
Municipal Code.
Section 11.17.030. Exceptions.
The provisions of this Chapter shall not apply to:
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A. Any vessel owned, operated by or under contract to
the United States, any state or any political subdivision of any
state.
B. Activity involving vessels if authorized pursuant to
a permit issued in accordance with the provisions of Chapter 5.10
10 of the Newport Beach Municipal Code and approved by the City
Council.
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C. The launching or operation of any vessel within the
Dory Fishermen Fleet in the area between the Newport Pier and the
prolongation of the westerly boundary of the Dory Fishermen
Storage Shed.
Section 11.17.040. Vessel Storage Prohibited.
A. No person shall store any vessel or trailer on any
Oceanfront Beach.
B. No person shall place, leave or store any vessel or
trailer on private property without the express consent of the
owner or other person having control of the property.
Section 11.17.050. Penalty
Any person violating the provisions of this Chapter shall be
guilty of a misdemeanor unless the violation is deemed an
infraction pursuant to the provisions of Section 1.04.010(A) of
this Code.
Section 2: This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 22nd
day of May , 1989, and adopted on the 12th day of June
1989, by the following vote, to -wit:
AYES, COUNCILMEMBERS TURNER, SANSONE,
PLU10ER, STRAUSS, HART, COX, WATT
NOES,
NONE
ABSENT COUNCILMEMBERS NONE
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