HomeMy WebLinkAbout2002-18 - Amending Title 17 of the NBMC Pertaining to Anchorage and Mooring Regulations.ORDINANCE NO. 2002- 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING TITLE 17 OF THE
NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
ANCHORAGE AND MOORING REGULATIONS.
The City Council of the City of Newport Beach does hereby ordain that certain
Newport Beach Municipal Code sections are amended to read, in full, as follows:
Title 17
HARBOR REGULATIONS*
Chapters:
17.ED
Editor's note to Title 17
17.04
DEFINITIONS
17.08
GENERAL PROVISIONS`
17.12
SPECIAL -USE AREA
17.16
VESSEL OPERATION
17.18 TRESPASS OR INJURY TO VESSEL
17.20 DOCKING AND MOORAGE*
17.22 ANCHORAGE AND MOORING REGULATIONS
17.23 RESTRICTIONS ON PERSONS LIVING ABOARD VESSELS IN NEWPORT HARBOR
17.24 STRUCTURES IN HARBOR*
17.28 PIERS`
17.30 INSTALLATION OF PUMPOUT STATIONS BY CERTAIN COMMERCIAL USERS OF
NEWPORT BAY
17.32 WASTE AND REFUSE - -SMALL VESSEL MOORAGE*
17.33 PIER FEES`
13_36 LIVE BAIT`
1740 HOUSEBOATS
17.41 COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR*
17.42 APPEALS
Chapter 17.ED
Editor's note to Title 17
Sections:
17.ED.010 Editor's note to Title 17.
Section 17.ED.010 Editor's note to Title 17.
` Swimming regulations -- See Chapter 11.12.
Surfing regulations -- See Chapter 11.16.
Chapter 17.04
DEFINITIONS
Sections:
17.04.010
Effect of Chapter.
17.04.020
Anchorage Area.
17.04.030
Board.
17.04.035
Building Official.
17.04.040
City.
17.04.050
City Council.
17.04.060
City Manager.
17.04.070
Director.
17.04.080
District.
17.04.090
Fin: Chief.
17.04.100
Harbor Commission.
17.04.115
Harbor Resources Director
17.04.120
Harbormaster.
17.04.130
Mooring.
17.04.140
Motorboat.
17.04.150
Newport Harbor, Bay.
17.04.160
Pier.
17.04.170
Police Chief.
17.04.180
Turning Basin.
17.04.190
Vessel.
17.04.200
Waters of Newport Harbor.
Section 17.04.010 Effect of Chapter.
For the purposes of this title, the words and phrases herein defined shall, unless the
context clearly indicates otherwise, have the meanings herein set forth in this chapter. (Ord.
1602 § 3 (part), 1975: Ord. 1090 (part), 1964:1949 Code § 10100 (part))
Section 17.04.020 Anchorage Area.
The term "anchorage area" shall mean any portion of Newport Harbor which has been
so designated pursuant to law, and approved by the Federal Government. (Ord. 1602 § 3 (part),
1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.030 Board.
The term "Board" shall mean the Board of Supervisors of the County of Orange as the
governing body of the Orange County Harbor District. (Ord. 1602 § 3 (part), 1975: Ord. 1090
(part), 1964: 1949 Code § 10100 (part))
Section 17.04.035 Building Official.
The term "Building Official" shall mean the Building Official of the City of Newport
Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 1, 1968)
Section 17.04.040 City.
The term "City" shall mean City of Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord.
1090 (part), 1964: 1949 Code § 10100 (part))Code § 10100 (part))
Section 17.04.050 CityCouncll.
The term "City Council" shall mean the City Council of the City of Newport Beach. (Ord.
1602 § 3 (part), 1975: Ord. 1090 (part), 1964:1949 Code § 10100 (part))
Section 17.04.060 City Manager.
The term "City Manager" shall mean the City Manager of the City of Newport Beach.
(Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964:1949 Code § 10100 (part))
Section 17.04.070 Director.
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The term "Director" shall mean the Director of the Harbors and Beaches of the district.
(Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.080 District.
The term "District" shall mean the Orange County Harbor District. (Ord. 1602 § 3 (part),
1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))(part))
Section 17.04.090 Fire Chief.
The term "Fire Chief' shall mean the Fire Chief of the City of Newport Beach. (Ord.
1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.100 Harbor Commission.
The term "Harbor Commission" shall mean the Harbor Commission of the City of
Newport Beach. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.115 Harbor Resources Director.
The term "Harbor Resources Director" shall mean the Harbor Resources Director of the
City of Newport.
Section 17.04.120 Harbormaster
The term "Harbormaster" shall mean commander of the Orange County Sheriffs Harbor
Patrol Division.
Section 17.04.130 Mooring.
The term "mooring" shall mean any appliance used to secure a vessel in Newport
Harbor, other than a pier, which is not carried aboard such vessel as regular equipment when
under way. (Ord. 1602 § 3 (part); 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.140 Motorboat.
The term "motorboat" shall mean any vessel propelled by machinery, whether or not
such machinery is the principal source of propulsion, but shall not include a vessel which has a
valid marine document issued by the Bureau of Customs of the United States Government or
any federal agency successor thereto. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964:
1949 Code § 10100 (part))
Section 17.04.150 Newport Harbor, Bay.
The terms "Newport Harbor" and "Newport Bay" shall be deemed coextensive, and the
terms shall be deemed interchangeable. (Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964:
1949 Code § 10100 (part))
Section 17.04.160 Pier.
The term "pier" shall mean any fixed or floating structure for securing vessels, loading or
unloading persons or property, or providing access to the water, and includes wharf, dock, float,
any other landing facility, and floating dry docks. (Ord. 1602 § 3 (part), 1975: Ord. 1286 § 3,
1968: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))(part), 1964: 1949 Code § 10100
(part))(part))10100 (part))
Section 17.04.170 Police Chief.
The term "Police Chief' shall mean the Chief of Police of the City of Newport Beach.
(Ord. 1602 § 3 (part), 1975: Ord. 1286 § 4, 1968: Ord. 1090 (part), 1964: 1949 Code § (Ord.
1602 § 3 (part), 1975: Ord. 1286 § 4, 1968: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.180 Turning Basin.
The term "Turning Basin" shall mean that portion of any channel which has been so
designated pursuant to law and approved by the Federal Government, for the purpose of
permitting vessels to turn around or permitting their course or direction to be altered therein.
(Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.190 Vessel.
The term "vessel" shall mean and include every description of watercraft used or
capable of being used as a means of transportation on water, except the following:
A. A seaplane on the water.
B. A watercraft specifically designed to operate on a permanently fixed course, the
movement of which is restricted to or guided on such permanently fixed course by means of a
mechanical device on a fixed track or arm to which the watercraft is attached or by which the
watercraft is controlled, or by means of a mechanical device attached to the watercraft itself.
(Ord. 1602 § 3 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.04.200 Waters of Newport Harbor.
The phrase "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. (Ord. 1602 § 3 (part), 1975:
Ord. 1090 (part), 1964: 1949 Code § 10100 (part))
Section 17.08.00E Editor's note for Chapter 17.08.
*Signs on watercraft for hire -- See Chapter 5.04.
Driving, riding or parking on beach prohibited -- See Chapter 12.08.
Section 17.08.010 Administrative Authority.
The responsibility for the administration of the provisions of this title is delegated to the
City Manager, or officers or employees of a department or departments of the City designated
by him; provided, however, that some or all of the duties necessary to be performed in the
administration may be performed by the Director or his deputies or assistants pursuant to a
contract providing therefore between the City and the County of Orange or the district. (Ord.
1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10101)
Section 17.08.020 Duties of the City Manager.
It shall be the duty of the City Manager:
A. To carry out the orders of the City Council and to enforce all harbor regulations
and ordinances.
B. To order any vessel improperly anchored, moored or berthed in any area outside
the jurisdiction of the district to change its position to such a one as he may designate, and in
case his orders are not complied with, or the vessel is unattended, to cause such vessel to be
so moved, and to collect the cost thereof from the vessel, or owner thereof.
C. To promptly report to the appropriate Federal agency any violation of the laws of
the United States for the protection of navigation and the preservation of navigable waters,
particularly any encroachment on the waterway by the building of illegal structures, illegal filling
or dumping of material of any sort into the waterway, or throwing overboard or setting adrift or
allowing to be set adrift anything that is or might become obstructive or dangerous to
navigation. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10103)
Section 17.08.025 Duties of the Harbor Resources Director
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Chapter 17.08
GENERAL PROVISIONS*
Sections:
17.08.00E
Editor's note for Chapter 17.08.
17.08.010
Administrative Authority.
17.08.020
Duties of the City Manager.
17.08.025
Duties of the Harbor Resources Director.
17.08.030
Establishment of Channels, Turning Basins, etc.
17.08.040
Abandoned Vessels and Property.
17.08.050
Landing of Aircraft.
17.08.060
Loading or Unloading Explosives.
17.08.070
Unattended Vessels- -Prima Facie Evidence.
17.08.080
Procedure for Notice.
Section 17.08.00E Editor's note for Chapter 17.08.
*Signs on watercraft for hire -- See Chapter 5.04.
Driving, riding or parking on beach prohibited -- See Chapter 12.08.
Section 17.08.010 Administrative Authority.
The responsibility for the administration of the provisions of this title is delegated to the
City Manager, or officers or employees of a department or departments of the City designated
by him; provided, however, that some or all of the duties necessary to be performed in the
administration may be performed by the Director or his deputies or assistants pursuant to a
contract providing therefore between the City and the County of Orange or the district. (Ord.
1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10101)
Section 17.08.020 Duties of the City Manager.
It shall be the duty of the City Manager:
A. To carry out the orders of the City Council and to enforce all harbor regulations
and ordinances.
B. To order any vessel improperly anchored, moored or berthed in any area outside
the jurisdiction of the district to change its position to such a one as he may designate, and in
case his orders are not complied with, or the vessel is unattended, to cause such vessel to be
so moved, and to collect the cost thereof from the vessel, or owner thereof.
C. To promptly report to the appropriate Federal agency any violation of the laws of
the United States for the protection of navigation and the preservation of navigable waters,
particularly any encroachment on the waterway by the building of illegal structures, illegal filling
or dumping of material of any sort into the waterway, or throwing overboard or setting adrift or
allowing to be set adrift anything that is or might become obstructive or dangerous to
navigation. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949 Code § 10103)
Section 17.08.025 Duties of the Harbor Resources Director
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It shall be the duty of the Harbor Resources Director:
A. To act for and assist the City Manager in administering the provisions of this title,
coordinating with appropriate department directors for services falling within their respective
functions as defined in Title 2 of this Code, and coordinating as required with other
governmental agencies and with interested civic associations.
B. To administer the harbor permit policies adopted by the City Council, maintaining
files and records of all pier permits issued, and to recommend to the City Manager appropriate
changes and modifications to harbor permit policies.
C. To conduct regular inspections of both public and private facilities and structures
located upon or over the waters of Newport Harbor or the Pacific Ocean or any other water
where the tide ebbs and flows within the City, and to recommend action to the City Manager to
ensure compliance with this title. (Ord. 1602 § 4 (part), 1975: Ord. 1286 § 5, 1968)
Section 17.08.030 Establishment of Channels, Turning Basins, etc.
All channels, turning basins, anchorage areas, and pierhead and bulkhead lines in
Newport Harbor shall be as established by the Federal Government or by the City Council upon
recommendation of the Harbor Commission. A map thereof shall be kept on file in the offices of
the City Clerk and the Public Works Director for public inspection. (Ord. 1602 § 4 (part), 1975:
Ord. 1090 (part), 1964: 1949 Code § 10102)
Section 17.08.040 Abandoned Vessels and 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, not in the lawful
possession or control of some person, shall be immediately delivered up to the Harbor
Resources Director. Any such property shall be dealt with as provided in the appropriate
provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, et seq., of the
California Harbors and Navigation Code, as the same now read or may hereafter be amended.
Proceeds of any sale of such property shall be deposited 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. (Ord.
1602 § 4 (part), 1975: Ord. 1286 § 6, 1968: Ord. 1090 (part), 1964: 1949 Code § 10104)
Section 17.08.050 Landing of Aircraft.
No person shall land or take off from the waters of Newport Harbor with any aircraft
without first obtaining a permit from the City Council. Such permit may be issued if the City
Council determines that under the circumstances the proposed landing or take off will not
create a hazard to life or property. In granting such permit, the City Council may impose such
conditions on the exercise thereof as it deems appropriate. (Ord. 1602 § 4 (part), 1975: Ord.
1314 § 1, 1969: Ord. 1090 (part), 1964:1949 Code § 10208)
Section 17.08.060 Loading or Unloading Explosives.
No person shall load or unload gunpowder, giant powder, dynamite or any other
explosive to or from any 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 therefore a fee of twenty-five
dollars ($25.00), and otherwise complying with all the rules and regulations governing the
loading and unloading of explosives. (Ord. 1602 § 4 (part), 1975: Ord. 1090 (part), 1964: 1949
Code §10302)
Section 17.08.070 Unattended Vessels —Prima Facie Evidence.
In any prosecution against the registered owner of a vessel or boat charging a violation
of any regulation governing the mooring, abandonment, placing or allowing vessels or boats
upon the shoreline of the Pacific Ocean or on the shoreline of Newport Harbor, anchoring or
tying up of said vessels or boats under Title 17 of the Newport Beach Municipal Code, proof by
the people of the State of California that the particular vessel or boat described in the complaint
was found in violation of any provision of Title 17 of the Newport Beach Municipal Code,
together with proof that the defendant named in the complaint was at the time of the violation
the registered owner of the vessel or boat shall constitute prima facie evidence that the
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registered owner of the vessel or boat was the person who caused or permitted the violation to
occur. But for the purposes of this subdivision, proof that a person is the registered owner of a
vessel or boat is not prima facie evidence that the registered owner has violated any other
provision of law. Proof of a written lease of, or rental agreement for, a particular vessel or boat
described in the complaint, on the date and time of such violation, which lease or rental
agreement includes the name and address of the person to whom the vessel or boat is leased
or rented, shall rebut the prima facie evidence that the registered owner was the person who
violated the ordinance in question.
The provisions of this section shall apply only when the procedure required by Section
17.08.080 is complied with. Any charge under this Section shall be dismissed when the person
charged has made a bona fide sale or transfer of the vessel or boat and has delivered
possession thereof to the purchaser and has complied with the requirements of the California
Vehicle Code regarding transfer of registration of a vessel or boat. (Ord. 1641 § 1, 1975)
Section 17.08.080 Procedure for Notice.
The method of giving notice for the purposes of the provisions of Section 17.08.070 is
as follows:
1. During the time of the violation, a notice thereof shall be securely attached to the
vessel or boat setting forth the violation including reference to the section of this Code so
violated, the approximate time thereof and the location where such violation occurred and fixing
a time and place for appearance by the registered owner to answer such notice. Such notice
shall be attached to the vessel or boat in a conspicuous place as to be easily observed by the
person in charge thereof upon his return thereto.
2. Before any warrant of arrest shall issue following the filing of a complaint
charging such a violation, a notice of the violation shall be given to the person so charged. Such
notice shall contain the information required in paragraph (1) above and shall also inform such
registered owner that unless he appears in the court to be designated in such notice within ten
days after service of said notice and answers such charges, or completes and files an affidavit
of non - ownership, a warrant or citation to appear will be issued against him. Such notice shall
contain or be accompanied by an affidavit of non - ownership. In addition to any other required
information, such notice shall also provide information as to what constitutes non - ownership,
information as to the effect of executing such affidavit, and instructions for mailing or returning
the affidavit to the court. Upon receipt of evidence satisfactory to the court that the person
charged with a violation under Title 17 of this Code has made a bona fide sale or transfer of the
vessel or boat and has delivered possession thereof to the purchaser prior to the date of the
alleged violation, the court shall obtain verification from the Department of Motor Vehicles that
the person charged has complied with the requirements of the Vehicle Code, and, if the person
has so complied, the charges shall be dismissed.
Such notice shall be given, either by personal delivery thereof to such owner or by
deposit in the United States Mail of an envelope with postage prepaid which envelope shall
contain such notice and shall be addressed to such owner at his last known address as shown
by the records of the Department of Motor Vehicles. The giving of notice by personal delivery is
completed upon delivery of a copy of such notice to such person. The giving of notice by mail is
completed upon the expiration of ten days after the deposit of such notice.
Proof of giving notice may be made by certificate of any police officer or affidavit of any
person over the age of eighteen (18) years naming the person whom such notice was given
and specifying the time, place and manner of the giving thereof. (Ord. 1641 § 2, 1975)
Chapter 17.12
SPECIAL -USE AREA
Sections:
17.12.010 Designation of Special -Use Area.
17.12.020 Use Restrictions.
17.12.050 Bay Island Channel.
17.12.060 Grand Canal Channel Closure.
Section 17.12.010 Designation of Special-Use Area.
For the purposes of this title, the area described in this chapter is hereby designated as
a special -use area, and only those uses which are set forth by resolution of the City Council
shall be permitted in the area at designated times, and only in the zones specified.
That portion of Newport Harbor lying northerly of a line and its prolongations between
Stations 109 and 110 on the line of ordinary high tide, as established 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. (Ord. 1090 (part), 1964: 1949 Code §
10600(a))
Section 17.12.020 Use Restrictions.
Within the special -use area it shall be unlawful:
A. For any person except a public officer in the performance of his duty to operate a
motorboat or vessel at a speed in excess of five 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 speed zone areas and hours shall be posted by the
district.
B. For any person operating a vessel to tow any object, structure or vessel at a
distance in excess of seventy -five (75) feet astern of the towing vessel.
C. For any 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 adjoining frontage areas maintained under authority of the respective
legislative body, the limits of which zones shall be posted by appropriate signs or markings.
D. For any person to operate a hydrofoil craft in excess of five nautical miles per
hour.
E. For any person to operate a motorboat in areas closed to navigation and so
posted, except a public officer in the performance of his duty. (Ord. 1090 (part), 1964: 1949
Code § 10600(b))
Section 17.12.040 Speed Zone Regulations.
In zones designated by the City Council by resolution as speed zones within the special -
use area, it shall be unlawful:
A . For any person to operate a motorboat in excess of the posted speed, except a
public officer in the performance of his duty. (Ord. 1090 (part), 1964: 1949 Code § 10602)
Section 17.12.050 Bay Island Channel.
The channel line between Bay Island and Balboa Peninsula is designated as a special -
use area. Between June list and September 15th of each year, both dates inclusive, no person
shall operate any motorboat into or through said channel. (Ord. 1090 (part), 1964: 1949 Code §
10603)
Section 17.12.060 Grand Canal Channel Closure.
The Grand Canal Channel is designated as a special use area. In addition to the
restrictions imposed by Section 17.12.020 of this chapter, the Grand Canal Channel shall be
closed to all vessels from, and including, June list through September 15th; provided, however,
the closure shall not apply to vessels berthed at residential piers or moorings located along or
within the Grand Canal Channel. (Ord. 86 -24 § 2, 1986)
Sections:
17.16.010 Speed Limit.
Chapter 17.16
VESSEL OPERATION
7
17.16.020 Boat Launching and Hauling.
17.16.021 Vessel or Trailer Storage on Beaches Prohibited -- Exceptions.
17.16.030 Designation of Closed Areas.
17.16.040 Air Propulsion Vessels Prohibited.
17.16.060 Restriction of Water Traffic.
Section 17.16.010 Speed Limit.
No owner, operator or person in command of any vessel, except a public officer in the
performance of his duty, shall operate the same or permit the same to be operated in any
portion of Newport 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 nautical miles per hour, or at any speed which
creates a wake that may cause damage to moorings of vessels or floating structures, except as
hereinafter provided. (Ord. 1090 (part), 1964: 1949 Code § 10200)
Section 17.16.020 Boat Launching and Hauling.
No person shall launch or remove any vessel from the waters of Newport Harbor over
any public seawall, sidewalk, street end or public property, except at locations where a regular
business of launching and hauling vessels is conducted or at launching sites designated by
resolution of the City Council.
The following regulations shall apply to the use of boat launching sites as designated by
the City Council, and any person violating any of said regulations shall be guilty of a
misdemeanor:
A. Said boat launching locations may be used only between the hours of eight a.m.
and eight p.m., unless otherwise specified by resolution of the City Council.
B. The use of motors on any vessel or watercraft being launched or recovered shall
not be permitted within two hundred (200) feet of such launching sites unless otherwise
specified by resolution of the City Council.
C. Only hand - carried vessels or watercraft may be launched from said sites, unless
otherwise specified by resolution of the City Council.
D. No trailers, dollies, rollers, or other mechanical devices maybe used for purposes
of launching any vessel or watercraft at said locations, or for transporting them on beaches.
(Ord. 1390 § 1, 1971: Ord. 1145 (part), 1965: Ord. 1090 (part), 1965: 1949 Code § 10202)
Section 17.16.021 Vessel or Trailer Storage on Beaches Prohibited -- Exceptions.
No person shall store any vessel, watercraft, trailer or other similar object on any public
beach in the City except as provided in subsection (A). As used in this section, the term "store"
shall mean to leave or permit to remain unattended for an extended period of time and not in
the possession or control of the owner or user.
A. Vessels, watercraft and equipment directly related to the use of the vessel or watercraft
(related equipment) may be stored on a public beach as follows:
1. Any vessel(s), watercraft and /or related equipment owned and maintained by the City or
its subcontractors which is (are) used in conjunction with recreation programs offered by the
City;
2. Any vessel(s), watercraft and /or related equipment that cannot feasibly be berthed or
moored at a privately owned pier or mooring and is (are) used by a nonprofit corporation for
noncommercial purposes provided a vessel storage license has been approved by the City
Council. Vessel storage licenses shall be approved only if there is substantial evidence that the
license would not adversely affect the health, safety or welfare of those who use, enjoy or own
property near the waters of Newport Bay. Vessel storage licenses are subject to the following
standard conditions as well as any additional conditions imposed by the City Council:
a. The licensee shall not cause or permit any unreasonable noise that would adversely
affect the use or enjoyment of public or private property in the vicinity of the vessel, watercraft
or equipment,
b. The licensee shall not engage in, or permit, any activity that unreasonably interferes with
the use of the beach or adjoining waters by the public,
E?
c. The licensee shall not cause or permit any activity that pollutes any public or private
property of the waters of Newport Bay,
d. The license may be revoked by City, without cause, at any time, upon thirty (30) days'
written notice to the licensee;
3. Any vessel for which a mooring permit has been issued by the City pursuant to Chapter
17.22 provided the vessel remains on the beach only to the extent necessary to load or unload.
4. Dory Fleet. Any vessel being used by members of the Dory Fisherman's fleet as
defined by Section H-4 of the City Council Policy Manual.
B. A license issued pursuant to this chapter is personal to the licensee and may not be
transferred or assigned to any other person without the express written consent of the Newport
Beach City Council. The Newport Beach City Council may grant or withhold consent in its sole
discretion. (Ord. 99-6 § 1, 1999: Ord. 1436 § 1, 1972: Ord. 1390 § 2, 1971)
Section 17.16.030 Designation of Closed Areas.
Whenever 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 improvement work is being
performed as a closed area. Except for persons actually engaged in such harbor improvement
work or public officers in the performance of their duty, no person shall enter or remain within or
drive or operate any vessel or watercraft 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. (Ord. 1090 (part), 1964: 1949 Code § 10204)
Section 17.16.040 Air Propulsion Vessels Prohibited.
A. No person shall operate any vessel on the waters of Newport Harbor if the
vessel is powered or maneuvered by means of mechanical air propulsion above the surface of
the water.
B. The provisions of this section do not apply to the operation of any vessel by any
public agency or any person responding to an emergency on behalf of any public agency. (Ord.
90 -39 § 1, 1990: Ord. 1090 (part), 1964: 1949 Code § 10209)
Section 17.16.060 Restriction of Water Traffic.
For such time as necessary preceding, during and after any race, regatta, 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 prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully fail or
refuse to comply with any order, signal or direction of the City Manager, his deputies or agents.
(Ord. 1090 (part), 1964:1949 Code § 10105)
Chapter 17.18
TRESPASS OR INJURY TO VESSEL
Sections:
17.18.010
Damage to Property.
17.18.020
Boarding Vessel Without Permission.
17.18.030
Tampering With Vessel.
17.18.040
Tampering With Moorings.
Section 17.18.010 Damage to Property.
No person shall willfully or carelessly destroy, damage, disturb, deface or interfere with
any buoy, float, life preserver, sign; notice, navigational marking, or other similar property under
the jurisdiction of the City, District, or other governmental agency. (Ord. 1090 (part), 1964: 1949
Code §10203)
Section 17.18.020 Boarding Vessel Without Permission.
No person shall climb into or upon any vessel moored, docked or anchored in Newport
Harbor, without the consent of the owner or other person having charge thereof. (Ord. 1090
(part), 1964: 1949 Code § 10205)
Section 17.18.030 Tampering With Vessel.
No person shall willfully injure 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 thereof. (Ord. 1090 (part), 1964: 1949 Code § 10206)
Section 17.18.040 Tampering With Moorings.
No person shall tamper with any mooring or anchorage in
same is occupied by a vessel. (Ord. 1090 (part), 1964:1949 Code §
the City whether or not the
10207)
Section 17.20.00E Editor's note for Chapter 17.20.
. Permitted areas for small vessel moorage -- See Chapter 17.40.
Section 17.20.010 Docking Permission Required.
A. 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.
B. 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 Harbor Resources Director,
except that at the Rhine Wharf Park the Harbor Master shall have the authority to authorize this
activity under either of the following conditions: (1) A commercial fishing vessel is loading, or
unloading, and no other mooring or berthing space is available in the harbor for this purpose; or
(2) a vessel is taking refuge from inclement weather and no other mooring or berthing space is
available in the harbor for this purpose. In no event shall more than one vessel be made fast to
the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both
vessels shall have operators aboard at all times.
C. No person holding a permit issued under the terms of Chapter 17.24 of this Code
or having care, custody, control or use of any pier in Newport Harbor shall permit or allow a
vessel to be made fast to any other vessel which is occupying any pier over which said person
or permit holder has control, except as provided in the exceptions found in paragraph (B)
above. (Ord. 1776 § 1, 1978; Ord. 1722 § 1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964:1949
Code § 10300)
Section 17.20.020 Vessel Tie -up Method.
Every vessel lying at any pier in Newport 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. No permit holder, holding a permit issued under the provisions of Chapter 17.24 of this
Code shall permit or allow any vessel lying at any pier under the control of the permit holder to
be fastened in a manner other than is required by this section. (Ord. 1722 § 2, 1977: Ord. 1090
(part), 1964: 1949 Code § 10301)
Section 17.20.030 Direct Fueling Prohibited.
No person shall fuel any vessel with any petroleum product directly from a tank wagon or
truck. (Ord. 1090 (part), 1964: 1949 Code § 10303)
Section 17.20.040 Gangway Required — Lights.
I17❑1
Chapter 17.20
DOCKING REGULATIONS
Sections:
17.20.00E
Editor's note for Chapter 17.20.
17.20.010
Docking Permission Required.
17.20.020
Vessel Tie -up Method.
17.20.030
Direct Fueling Prohibited.
17.20.040
Gangway Required -- Lights.
17.20.050
Dockside Steam Engine Spark Prevention.
the City whether or not the
10207)
Section 17.20.00E Editor's note for Chapter 17.20.
. Permitted areas for small vessel moorage -- See Chapter 17.40.
Section 17.20.010 Docking Permission Required.
A. 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.
B. 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 Harbor Resources Director,
except that at the Rhine Wharf Park the Harbor Master shall have the authority to authorize this
activity under either of the following conditions: (1) A commercial fishing vessel is loading, or
unloading, and no other mooring or berthing space is available in the harbor for this purpose; or
(2) a vessel is taking refuge from inclement weather and no other mooring or berthing space is
available in the harbor for this purpose. In no event shall more than one vessel be made fast to
the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both
vessels shall have operators aboard at all times.
C. No person holding a permit issued under the terms of Chapter 17.24 of this Code
or having care, custody, control or use of any pier in Newport Harbor shall permit or allow a
vessel to be made fast to any other vessel which is occupying any pier over which said person
or permit holder has control, except as provided in the exceptions found in paragraph (B)
above. (Ord. 1776 § 1, 1978; Ord. 1722 § 1, 1977: Ord. 1577 § 1, 1974: Ord. 1090, 1964:1949
Code § 10300)
Section 17.20.020 Vessel Tie -up Method.
Every vessel lying at any pier in Newport 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. No permit holder, holding a permit issued under the provisions of Chapter 17.24 of this
Code shall permit or allow any vessel lying at any pier under the control of the permit holder to
be fastened in a manner other than is required by this section. (Ord. 1722 § 2, 1977: Ord. 1090
(part), 1964: 1949 Code § 10301)
Section 17.20.030 Direct Fueling Prohibited.
No person shall fuel any vessel with any petroleum product directly from a tank wagon or
truck. (Ord. 1090 (part), 1964: 1949 Code § 10303)
Section 17.20.040 Gangway Required — Lights.
I17❑1
Every vessel used for hire while loading or unloading passengers or crew from a pier or
from another vessel shall be provided with a gangway with manropes or railings, and from
sunset until sunrise any such gangway shall be lighted adequately to provide visibility as long
as such gangway is or may be used. (Ord. 1090 (part), 1964: 1949 Code § 10304)
Section 17.20.050 Dockside Steam Engine Spark Prevention.
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 of such engine so as to prevent sparks from coming into
contact with the pier or vessel. (Ord. 1090 (part), 1964: 1949 Code § 10305)
Section 17.22.005 Definition
"Operable" means capable of maneuvering under the vessel's own power from the mooring
to the demarcation line and back to the mooring.
"Seaworthy" means that the vessel's hull, keel, decking, cabin and mast are structurally
sound and generally free from dry-rot. (Ord. 98 -24 § 2, 1998)
Section 17.22.010 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 therefore. Any vessel which is
moored or anchored at a place not designated for such vessel shall, upon the demand of the
Harbor Resources Director, be forthwith moved to the place or places designated therefore. In
the designation of mooring areas and anchorages, consideration shall be given to the needs of
commerce, 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 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. (Ord. 1607 § 1 (part), 1975)
11
Chapter 17.22
ANCHORAGE AND MOORING REGULATIONS
Sections:
17.22.005
Definitions.
17.22.010
Location.
17.22.020
Permit Necessary.
17.22.030
Issuance of Permit -- Conditions.
17.22.040
Plans and Specifications Required.
17.22.050
Fees.
17.22.060
Delinquent Fees.
17.22.070
Unauthorized Use of Mooring.
17.22.080
Transfer of Permit.
17.22.090
Revocation of Permit.
17.22.100
Cancellation - -Use of Unoccupied Moorings.
17.22.110
Rental Not Permitted.
17.22.120
Chains and Fastenings.
17.22.130
Buoy Markings.
17.22.140
Maintenance.
17.22.150
Mooring, Anchoring and Vessel Condition Requirements.
17.22.160
Specifications.
17.22.170
Inspection of Moorings.
17.22.180
Application of Chapter.
17.22.190
Appeal.
17.22.200
Administration.
Section 17.22.005 Definition
"Operable" means capable of maneuvering under the vessel's own power from the mooring
to the demarcation line and back to the mooring.
"Seaworthy" means that the vessel's hull, keel, decking, cabin and mast are structurally
sound and generally free from dry-rot. (Ord. 98 -24 § 2, 1998)
Section 17.22.010 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 therefore. Any vessel which is
moored or anchored at a place not designated for such vessel shall, upon the demand of the
Harbor Resources Director, be forthwith moved to the place or places designated therefore. In
the designation of mooring areas and anchorages, consideration shall be given to the needs of
commerce, 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 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. (Ord. 1607 § 1 (part), 1975)
11
Section 17.22.020 Permit Necessary.
No person shall place, enact, construct or maintain moorings or buoys in the waters of
Newport Harbor over City -owned or controlled tidelands without first having obtained a permit
therefore from the Harbor Resources Director 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.
(Ord. 1607 § 1 (part), 1975)
Section 17.22.030 Issuance of Permit -- Conditions.
The Harbor Resources Director, 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 Harbor Resources Director shall be
issued to the permittee, specify the vessel for which the permit is issued and provide that the
permittee may change the vessel for which the permit has been issued, upon written notification
to the Harbor Resources Director, and which permit shall allow the permittee to moor only the
vessel owned by him and assigned to the permit to such mooring or buoy. (Ord. 1607 § 1 (part),
1975)
A. Exception: Tender: A vessel, no longer than 14 feet maximum may be secured to
permitted vessel as long as someone is aboard the permitted vessel, or may be secured to the
mooring in the absence of the permitted vessel.
Section 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 Harbor
Resources Director and at a location approved by the Harbor Resources Director, or
B. In accordance with other plans and specifications for said mooring or buoy which
have been submitted by the applicant, showing the construction of said proposed mooring or
buoy together with the location thereof, and which meet the requirements established in this
chapter and which have been approved by the Harbor Resources Director. (Ord. 1607 § 1
(part), 1975)
Section 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. (Ord. 1607 § 1 (part), 1975)
Section 17.22.060 Delinquent Fees.
When the permittee is in arrears for a period of thirty (30) days or more, the Harbor
Resources Director may, at his option, cancel the permit upon five days' written notice to the
permittee by first -Gass 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. (Ord. 1607 § 1 (part), 1975)
Section 17.22.070 Unauthorized Use of Mooring.
No person shall use a mooring unless he holds a current and valid permit therefore,
except with the permission of the Harbor Resources Director for temporary use, as herein
provided. (Ord. 1607 § 1 (part), 1975)
Section 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 Harbor Resources Director. 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 ownership of
12
the vessel to be moored thereto or, upon failure to remove the mooring or buoy, titles shall vest
in the City. The City may, thereafter, sell the mooring or buoy. (Ord. 1607 § 1 (part), 1975)
Section 17.22.090 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 detrimental to commerce, navigation or fishing;
2. The mooring or buoy is detrimental to use, operation or development of Newport
Harbor;
3. 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;
4. The use of the space violates the terms of the tidelands trust grants to the City.
B. Notice and Hearing. Any mooring permit shall be revoked only after a public hearing
before the City Council at which the permittee has an opportunity to be heard. At least fourteen
days notice of such hearing shall be given in writing by first -class mail with postage prepaid
addressed to the address of the permittee shown on such permit, setting forth the date, time
and place of hearing. After such hearing, City Council may revoke, conditionally revoke,
conditionally refuse to revoke or refuse to revoke any permit. (Ord. 98 -24 § 3 (part), 1998: Ord.
1607 § 1 (part), 1975)
Section 17.22.100 Cancellation of Permit.
A. Said permit may be cancelled by the Harbor Resources Director at anytime for violation
of any condition of the permit or any provision of this chapter to include
1. The mooring or buoy has fallen into a state of disrepair;
2. The vessel assigned to the mooring has been determined not to be seaworthy or
operable and the owner has not made the necessary repairs within the time required by
this chapter.
3. The mooring permittee has failed or refused to allow an inspection of the vessel to
determine if it is seaworthy and operable.
4. Living aboard a vessel assigned to a mooring without a Live - aboard Permit.
B. Notice and Hearing. In the event the Harbor Resources Director determines there may
be grounds for cancellation of a permit issued pursuant to this chapter, the Harbor Resources
Director shall give notice of intent to cancel the permit and the right of the permittee to request
a hearing before the Harbor Resources Director within fifteen (15) working days from the date
on which notice is given. The notice shall state the reason for the proposed cancellation and
shall be accompanied by any documents in the possession of the Harbor Resources Director
that pertain to the grounds for the proposed action. Notice shall be deemed given when:
1. Deposited in the United States mail, first class, postage prepaid, and addressed to
permittee at any mailing address specified on the application for permit;
2. Personally delivered to permittee; or
3. Affixed to permittee's vessel in a conspicuous location, or any combination of the
foregoing.
If the permittee does not request a hearing within fifteen (15) working days, the decision
of the Harbor Resources Director shall be final and permittee shall not be entitled to appeal to
the Harbor Commission. In the event the permittee requests a hearing, the Harbor Resources
Director shall notify the permittee of his or her decision within fifteen (15) working days after the
hearing, specifying the reason or reasons for the decision, and advising permittee of his or her
right to appeal the decision to the Harbor Commission.
C. 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 and vessel may be removed by the
Harbor Resources Director and the cost of mooring and vessel removal shall be paid by the
mooring permittee, and the same may be collected in any court of competent jurisdiction or
recovered by the City from the proceeds of sale of the mooring;
13
D. If said mooring is unoccupied, it may be temporarily assigned as a mooring for guest
vessels by the Harbor Resources Director;
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. (Ord. 98 -24 § 3 (part), 1998: Ord. 1607 § 1 (part), 1975)
Section 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 Harbor Resources Director. (Ord. 1607 § 1 (part), 1975)
Section 17.22.120 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
times the weight of the mooring.
B. All 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
mooring lines with a spreader line having floats attached thereto to keep said line afloat when
the mooring is unoccupied. (Ord. 1607 § 1 (part), 1975)
Section 17.22.130 Buoy Markings.
Mooring buoys shall be painted with the number allocated thereto by the Harbor
Resources Director to the mooring, the numeral(s) of which shall be at least three inches in
height. (Ord. 1607 § 1 (part), 1975)
Section 17.22.140 Maintenance.
All moorings shall be -kept in good and serviceable condition in the location assigned by
the Harbor Resources Director and the numbers thereon maintained in a legible condition at all
times. (Ord. 1607 § 1 (part), 1975)
Section 17.22.150 Mooring, Anchoring and Vessel Condition Requirements.
A. Mooring Anchoring. 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 drifting, except in areas designated by the Harbor Resources Director as
single mooring areas. Vessels in said single mooring areas may be tied from the bow or stern
only.
B. Vessel Condition -- Seaworthiness and Operability. Vessels assigned to a mooring by
permit must be maintained in an operable and seaworthy condition. If, based upon the
appearance of the vessel, inspection by the Orange County Harbor Patrol or other facts, the
Harbor Resources Director has cause to believe a vessel is not seaworthy and operable, the
Harbor Resources Director shall give written notice to the permittee requesting a demonstration
that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying
the date and time, demonstrate to the Harbor Resources Director that the vessel assigned to
the mooring is seaworthy or operable. In the event that the Harbor Resources Director
determines that vessel is not seaworthy or operable, the permittee shall: (1) commence repairs
within thirty (30) days of written notice of such determination and complete repairs within ninety
(90) days of the commencement unless the Harbor Resources Director, upon written request
from the permittee specifying the reasons therefore, approves an extension of time to complete
the repairs or (2) removes the vessel referenced in the notice within thirty (30) days and request
assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60)
days of the notice. This section is not intended to apply to any brief period of repair common to
most vessels. The Harbor Resources Director may repeat his request to test operability as
needed.
14
C. Exceptions. The requirements of this section are not applicable to vessels used in
marine construction or marine contracting services. (Ord. 98 -24 § 3 (part), 1998: Ord. 1607 § 1
(part), 1975)
Section 17.22.160 Specifications.
Specifications for the size of chains required on moorings and weights of moorings shall
be adopted by resolution of the City Council. (Ord. 1607 § 1 (part), 1975)
Section 17.22.170 Inspection of Moorings.
Each mooring shall be lifted by the owner for inspection by the Harbor Resources
Director at least once every two (2) years and shall be repaired so as to be in good condition
before being replaced, provided that the Harbor Resources Director 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 performed by a licensed marine contractor, then the Harbor Resources Director
may authorize said contractor to inspect the mooring in behalf of the Harbor Resources
Director and certify the results to the Harbor Resources Director in writing. (Ord. 1607 § 1
(part), 1975)
Section 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. (Ord. 1607 § 1
(part] 1975)
Section 17.22.190 Appeal.
Appeals to the provisions of this chapter shall be made in accordance with Chapter
17.42.
Section 17.22.200 Administration.
Pursuant to an agreement 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.
(Ord. 1607 § 1 (part), 1975)
Chapter 17.23
RESTRICTIONS ON PERSONS LIVING ABOARD VESSELS IN NEWPORT HARBOR
Sections:
17.23.005
Purpose.
17.23.010
Definitions.
17.23.020
Permit Required
17.23.025
Application for Live - Aboard Permit.
17.23.030
Issuance of Permit
17.23.035
Term /Renewal.
17.23.040
Conditions /Regulations.
17.23.045
Use of Pumpout Facilities.
17.23.050
Compliance with Law.
17.23.055
Discharge Log.
17.23.060
Limitation on Number of Permits.
17.23.065
Transfer Prohibited.
17.23.070
Revocation /Cancellation.
17.23.075
Suspension and Cancellation.
17.23.080
Procedure for Cancellation.
17.23.085
Appeal.
Section 17.23.005 Purpose.
15
The City Council of the City of Newport Beach finds and declares as follows:
A. Newport Harbor is a heavily used marine recreational area with thousands of
residents living in close proximity to the water;
B. Heavy recreational use of the harbor has contributed to a deterioration in water
quality and the City is engaged in an ongoing effort to reduce the amount of human fecal matter
discharged into the Bay;
C. Persons living aboard vessels assigned to offshore moorings are required to
utilize the vessel's marine sanitation device and this presents a risk of discharge of human fecal
matter into the Bay in violation of local, state and federal laws;
D. Persons living aboard vessels assigned to offshore moorings are frequently
closer to residences than vessels berthed in commercial marinas, and, if the number of live -
aboards is unregulated, there is a risk that noise generated by live - aboards on offshore
moorings could disturb significant segments of these residential areas;
E. Persons living aboard vessels on offshore moorings do not have access to
landside support facilities such as parking spaces, trash disposal and other amenities normally
associated with residential uses and, an increase in the number of live - aboards, if unregulated,
could increase the demand for already scarce waterfront parking space, and increase the
amount of trash and debris deposited in the Bay; and
F. Currently, live - aboards occupy approximately thirty (30) vessels assigned moorings in
Newport Bay, and a limit on the number of live- aboard vessels is necessary to minimize the
potential for discharge of raw or treated sewage, limit the discharge of "gray water," and
minimize the potential impact on nearby residential properties.
G. The ordinance codified in this chapter will promote the public health, safety and
welfare by regulating the number of persons living aboard vessels on offshore moorings and
insuring, to the extent possible, that this residential use does not result in the discharge of
human waste or otherwise adversely impact the health, safety and welfare of those that visit,
work around, or live near, the Bay. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.010 Definitions.
A. "Newport Bay" ( "Newport Harbor Bay"). The terms "Newport Bay," "Newport
Harbor" and "Bay" shall mean all water area within Lower Newport Bay (southerly of Pacific
Coast Highway) including all of the area bayward of the bulkhead lines or, if no bulkhead lines
have been established, Bayward of the line of mean high tide.
B. "Offshore Mooring." A single or double buoy, weight and chain installed for the
purpose of berthing a vessel as provided by Chapter 17.22 of the Newport Beach Municipal
Code.
C. "Harbor Resources Director" will mean the Harbor Resources Director of the City
of Newport Beach or the person designated by the Harbor Resources Director to act in his or
her capacity.
D. "Live-aboard" shall mean any person who uses a vessel assigned to an offshore
mooring (other than a guest mooring) as a domicile as that term is defined in Section 200 of the
Elections Code of the State of California. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.020 Permits Required.
No person shall live- aboard any vessel assigned to an offshore mooring without first
having obtained a live- aboard permit from the Harbor Resources Director. No person shall live -
aboard any vessel on an onshore mooring in Newport Harbor. No live- aboard permit shall be
issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.22 of
the Newport Beach Municipal Code. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.025 Application for Live - Aboard Permit.
An application for live- aboard permit shall be filed with the Harbor Resources Director
upon forms provided by the City and shall contain the following information:
A. The name of the permittee and the name or names of all individuals to be living
aboard the vessel;
16
B. All pertinent information relative to the vessel including, but not necessarily
limited to, the name of the vessel, the registration number of the vessel assigned by the
Department of Motor Vehicles or the United States Coast Guard, the make and model of the
vessel, the length of the vessel;
C. The make, model, and holding tank capacity of the marine - sanitation device
installed in the vessel;
D. The address and phone number where the permittee or other adult living- aboard
can be contacted during regular work hours or when not occupying the vessel;
E. Other information the Harbor Resources Director reasonably believes is
necessary or helpful to the efficient administration of the provisions of this chapter.
Applications will be accepted only from persons holding a valid mooring permit issued
pursuant to Chapter 17.22 of the Newport Beach Municipal Code. All applications shall be
accompanied by a fee established by resolution of the City Council, but the fee shall not exceed
the cost to the City of administering this chapter. The submittal of an application for live- aboard
shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the
accuracy of the information in the application. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.030 Issuance of Permit.
Upon receipt of an application for a live- aboard permit, the Harbor Resources Director
shall investigate the information contained in the application. The Harbor Resources Director
shall deny the application if:
A. The vessel which will serve as the principal residence is not equipped with a
fully - operational sanitation device sufficient in capacity to insure no discharge of human waste
into the harbor;
B. Approval of the application would result in live- aboard permits in excess of the
limitations provided by this chapter;
C. Issuance of the permit, given the specific circumstances of the application, would
significantly impact persons residing, working or visiting the Bay;
D. The vessel is incapable of safely maneuvering under its own power, whether by
sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the
mooring. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.035 Term /Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12)
months. Applications for the renewal of any permit shall be submitted at least sixty (60) days
before expiration of the permit, on forms supplied by the City, and shall specify any changes to
the information provided on the original application for a permit.
B. The application for renewal shall be denied for any of the reasons specified in
Section 17.23.030; the permittee has failed to comply with any provision of this chapter during
the term of the permit; or the permittee has failed to use the vessel as permittee's domicile
during a substantial portion of the previous term of the permit.
C. The issuance of a live- aboard permit pursuant to this chapter does not create
any tenancy between the City and permittee or other persons living aboard, nor does it create
any property right in permittee or other persons living aboard the vessel. (Ord. 89 -7 § 1 (part),
1989)
Section 17.23.040 Conditions /Regulations
A. The Harbor Resources Director may impose such conditions on the permit as
are reasonably necessary to insure that the activities of the permittee comply with the
provisions of this chapter.
B. The Harbor Resources Director shall have the power to promulgate rules and
regulations to insure that the purposes of this chapter are satisfied. Each permittee shall comply
with these rules and regulations. Compliance shall be considered a condition to each live -
aboard permit. (Ord. 89 -7 § 1 (part), 1989)
17
Section 17.23.045 Use of Pumpout Facilities.
Permittees shall use pumpout facilities on a regular basis or otherwise discharge human
waste in a legal manner. The permittees and others living aboard pursuant to permit shall not
deposit any garbage or trash in the bay or on property surrounding the bay except in trash
receptacles owned and maintained by the City of Newport Beach. (Ord 89 -7 § 1 (part), 1989)
Section 17.23.050 Compliance with Law.
The permittee, and others authorized to live- aboard any vessel, shall comply with all
applicable state and federal laws, the provisions of the Newport Beach Municipal Code, the
Harbor Policies promulgated by the City Council, and all conditions, express and implied, to the
permit. Failure to comply with these laws, ordinances, or policies shall constitute grounds for
revocation of the permit. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.055 Discharge Log.
Each permittee shall maintain a log relative to the use of pumpout facilities. The log shall
contain the date, time, and location waste was discharged. The discharge log shall be available
for inspection by the Harbor Resources Director, or his designee, at all reasonable hours and
upon request. The log shall be submitted to the Harbor Resources Director in conjunction with
any application for renewal of a permit. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.060 Limitation on Number of Permits.
A. Except as provided in subsection (B) of this section, the number of live- aboard
permits in effect at any given time shall not exceed seven percent of the number of offshore
mooring permits issued by the City pursuant to Chapter 17.22.
B. Any person or persons living aboard a vessel assigned to an offshore mooring
as of the date that the ordinance codified in this chapter was adopted may continue to live -
aboard the vessel, and receive a permit pursuant to this chapter without regard to the limit on
number of permits specified in subsection (A) of this section, provided:
1. The person or persons apply for a live - aboard permit within sixty (60) days from
the effective date of the ordinance codified in this chapter;
2. The person or persons are entitled to a permit pursuant to this chapter, and
specifically pursuant to the provisions of Section 17.23.030; and
3. The permit, once issued, is thereafter continuously in effect.
C. The Harbor Resources Director shall establish a waiting list of persons who wish
to apply for a live- aboard permit. The waiting list shall consist solely of persons who hold valid
mooring permits issued pursuant to the provisions of Chapter 17.22 of the Newport Beach
Municipal Code. Any person who sells or transfers the vessel, or any ownership interest in the
vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of
live- aboard permits falls below the limit specified in subsection (A) of this section, the Harbor
Resources Director shall notify the person or persons next in order on the waiting list of the
vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30)
days after the date of the notice, and that failure to apply within the thirty (30) day period will
result in removal of that person or persons from the waiting list. Notice shall be deemed given
when deposited in the United States mail, with the first class postage prepaid, and addressed
as specified by the person or persons on the waiting list. City shall not be liable for a failure to
notify any person or persons on the waiting list since placement on the list does not create any
property right in any person or persons on the list nor any contractual obligation on the part of
the city. An application for placement on the waiting list shall be accompanied by a fee
established by resolution of the City Council, but in no event shall the fee exceed the cost of
administering the waiting list. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.065 Transfer Prohibited.
No person shall transfer, assign, sell or convey a live- aboard permit. Any attempt to
transfer, sell, convey or assign a live- aboard permit shall be a violation of this chapter and
grounds for revocation of the permit. (Ord. 89 -7 § 1 (part), 1989)
Ki
Section 17.23.070 Revocation /Cancellation.
The City has reserved the right to cancel mooring permits under certain circumstances.
Any permit issued pursuant to this chapter shall be deemed cancelled in the event of the
revocation or cancellation of the mooring permit issued pursuant to Chapter 17.22 of the
Newport Beach Municipal Code. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.075 Suspension and Cancellation.
A. Any permit granted pursuant to this chapter and Chapter 17.22 may be cancelled
by the Harbor Resources Director upon a determination that:
1. The permittee has violated, or failed to comply with any of the provisions or
requirements of this chapter, or the provisions of Title 17 of the Newport Beach Municipal Code;
2. The permittee has discharged raw or treated sewage into the Bay or otherwise
violated the provisions of Section 17.23.050 of this chapter;
3. Permittee has failed to pay any fee required to be paid pursuant to the provisions
of this chapter and /or resolution of the City Council;
4. The permittee, or any person on the vessel, has engaged in conduct which has
unreasonably interfered with the health, safety, welfare, or peace of any person. (Ord. 89 -7 § 1
(part), 1989)
Section 17.23.080 Procedure for Cancellation Revesatien.
In the event the Harbor Resources Director determines there may be grounds for
cancellation of a permit issued pursuant to this chapter, the Harbor Resources Director shall
give notice of intent to cancel reveke the permit and the right of the permittee to request a
hearing before the Harbor Resources Director within fifteen (15) working days from the date on
which notice is given. The notice shall state the reason for the proposed cancellation and shall
be accompanied by any documents in the possession of the Harbor Resources Director that
pertain to the grounds for the proposed action. Notice shall be deemed given when:
1. Deposited in the United States mail, first class, postage prepaid, and addressed
to permittee at any mailing address specified on the application for permit;
2. Personally delivered to permittee; or
3. Affixed to permittee's vessel in a conspicuous location, or any combination of the
foregoing.
If the permittee does not request a hearing within fifteen (15) working days, the decision
of the Harbor Resources Director shall be final and permittee shall not be entitled to appeal to
the Harbor Commission. in the event the permittee requests a hearing, the Harbor Resources
Director shall notify the permittee of his or her decision within fifteen (15) working days after the
hearing, specifying the reason or reasons for the decision, and advising permittee of his or her
right to appeal the decision to the Harbor Commission. (Ord. 89 -7 § 1 (part), 1989)
Section 17.23.085 Appeal.
Appeals to this chapter shall be made in accordance with Chapter 17.42.
IF
Chapter 17.24
STRUCTURES IN HARBOR`
Sections:
17.24.00E
Editor's note to Chapter 17.24.
17.24.010
Permit Required for Construction or Alteration.
17.24.020
Exception for Work by District.
17.24.030
Transfer of Permit.
17.24.040
Application for Permit - -Plans —Fee.
17.24.050
Processing of Application.
17.24.060
Review by City Council.
17.24.070
Permit Conditions.
17.24.080
Required Approval by Corps of Engineers.
IF
17.24.090 Revocation of Permit.
17.24.100 Structure Without Permit Declared a Nuisance -- Abatement.
Section 17.24.00E Editor's note to Chapter 17.24.
`Prior history: 1949 Code §§ 10400, 10401, 10402, 10403 and 10404; Ords. 1090,
1099, 1286, 1602 and 87 -31.
Section 17.24.010 Permit Required for Construction or Alteration.
No person or agency shall build, maintain, extend or make structural alterations on any
building, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the
waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and
flows within the City, or do any filling, excavating or dredging in said waters or ocean, or on any
ocean or bay beach, without first obtaining a written permit to do so from the City. (Ord. 98 -13 §
1, 1998: Ord. 96 -10 § 1 (part), 1996)
Section 17.24.020 Exception for Work by District.
Notwithstanding the provisions of this section, the district may do construction work or fill
or dredge within Newport Harbor, or cause the same to be done, without such a permit so long
as such work is done pursuant to a harbor development plan on lands not owned by the City or
pursuant to a request therefore by the City Council. (Ord. 96 -10 § 1 (part), 1996)
Section 17.24.030 Transfer of Permit.
No person shall transfer a permit for a pier, float or similar structure granted under the
provisions of this chapter without prior written approval of the City. No person who as an
abutting upland owner or lessee of real property was granted a permit for a pier, float or similar
structure shall retain any right of use in such pier, float or similar structure after having divested
himself of the ownership or leasehold interest in such real property. Upon such divesting, the
ownership interest in such pier, float or similar structure shall remain with the person to whom
the permit was granted, but the right of use thereof shall vest in the City until such time as a
permit for such pier, float or structure is granted to another person. Except where rights of
ownership or use have heretofore been judicially decreed, no person may heretofore or
hereafter gain any rights of ownership or use of any such pier, float or similar structure by any
purported transfer made without such prior written approval of the City. The Harbor Resources
Director is authorized to approve transfers of permits. (Ord. 96 -10 § 1 (part), 1996)
Section 17.24.040 Application for Permit — Plans- -Fee.
A. Application. Application for any permit or the transfer of any permit required by
the chapter shall be made to the Harbor Resources Director and Building Department in writing
on forms provided therefore. The permit shall constitute an agreement by the permittee to
comply with all conditions imposed in the granting of the permit.
1. Dredging — Application must be made to the Harbor Resources Division on forms
provided therefore.
B. Plans. The application shall be accompanied by plans and specifications 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 returnable to the applicant whether or not
the permit is granted. (Ord. 96 -10 § 1 (part), 1996)
Section 17.24.050 Processing of Application.
The application and plans and specifications shall be reviewed by the Harbor Resources
Director and Building Department to determine 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 Harbor Resources Director and Building Department are authorized
to approve and issue permits for new structures and for revisions to existing structures that
conform to the provisions of this Code, standard harbor drawings approved by the City Council,
or harbor permit policy adopted by the City Council.
A. The application shall be denied if:
20
1. The application does not conform to the provisions of this Code, standard harbor
drawings approved by the City Council, or the harbor permit policy adopted by the City Council;
or
2. The proposed application is likely to create navigational congestion, or otherwise
interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront
property owners.
B. Appeals. Decisions by the Harbor Resources Director relative to Harbor Permit
applications may be appealed to the Harbor Commission by filing a written appeal with the
Harbor Resources Director within fourteen (14) days from the notice of the decision. The
Harbor Commission shall consider the appeal and render a decision within 45 days or the next
scheduled meeting of the Harbor Commission. The City Clerk shall cause written notice of the
time, place and purpose of the Harbor Commission hearing to be sent to the applicant or
appellant by certified mail at least fifteen (15) days prior to the date of the hearing. The Harbor
Commission may sustain, overrule or modify the action of the Harbor Resources Director.
A separate permit must be obtained from the Building Department for any work on
harbor structures. (Ord. 98 -13 §§ 2, 3, 1998; Ord. 96 -10 § 1 (part), 1996)
Section 17.24.060 Review by City Council.
The City Council may review a decision of the Harbor Commission by a Call for Review.
Call for Review may be initiated by any member. Fees: Calls for review shall be accompanied
by a fee as established by resolution of the City Council. The City Clerk shall cause written
notice of the time, place and purpose of the hearing to be sent to the applicant or permittee by
certified mail at least fifteen (15) days prior to the date of the hearing. The City Council may
sustain, overrule or modify the action of the Harbor Commission and the decision of the City
Council shall be final. Decision and notice: After the hearing the reviewing body shall affirm,
modify or reverse the original decision. Decisions on review shall be rendered within 30 days of
the close of the hearing. (Ord. 96 -10 § 1 (part), 1996)
Section 17.24.070 Permit Conditions.
In granting any such application, the Harbor Resources Director may impose conditions
in the permit which are deemed necessary to protect commerce, navigation or fishing or the
use, operation or development of Newport Harbor. (Ord. 96 -10 § 1 (part), 1996)
Section 17.24.080 Required Approval by Corps of Engineers.
Prior approval of the U.S. Corps of Engineers will be required when:
A. Work extends beyond the U.S. pierhead line;
B. Solid filling or a solid structure is constructed beyond the U.S. bulkhead line;
C. Harbor lines have not been established in the area by the U.S. Corps of
Engineers. (Ord. 96 -10 § 1 (part), 1996)
Section 17.24.090 Revocation of Permit.
A. Ground for Revocation. Any permit heretofore or hereafter granted for any
structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the
Harbor Commission upon any of the following grounds:
1. The work or structure has become detrimental to commerce, navigation or
fishing;
2. The work or structure is detrimental to the use, operation or development of the
harbor;
3. The work or structure does not comply with the permit or does not meet the
standards adopted by the Harbor Commission 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 imposed for the occupancy of tidelands, filled tidelands or submerged
lands upon which such work or structure exists;
5. The work or structure has fallen into a state of disrepair;
21
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;
7. The permittee has breached or failed to comply with the terms or conditions
contained in the permit or upon which the permit was granted.
B. Notice and Hearing. Any such permit shall be revoked only after a public hearing
before the Harbor Commission at which the permittee has an opportunity to be heard. At least
fifteen days' notice of such hearing shall be given in writing by first class mail with postage
prepaid addressed to the address of the permittee shown on such permit, setting out the date,
time and place of hearing.
The Harbor Commission may preside over the hearing or, in the alternative, appoint a
Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Harbor
Commission findings and recommendations to be considered by the Harbor Commission. The
Harbor Commission shall render its decision within forty -five (45) days from the date of the
hearing or, in the event that a Hearing Officer has been appointed, within forty -five (45) days
from the date on which the Harbor Commission receives the findings and recommendations of
the Hearing Officer. The decision of the Harbor Commission shall be final.
The City Clerk shall notify the permittee of the decision of the Harbor Commission. (Ord.
96 -10 § 1 (part), 1996)
Section 17.24.100 Structure Without Permit Declared a Nuisance -- Abatement.
Every structure maintained in or over the waters of Newport Harbor or the Pacific Ocean
without a current valid permit existing therefore when required by this chapter, or maintained in
a manner or for a purpose other than or different from that provided in the permit, shall
constitute a nuisance and shall be immediately abated and may be removed. If upon written
notice to remove any such structure the owner thereof fails, refuses or neglects to do so within
a reasonable time specified in the notice, being not less than five nor more than thirty (30) days
after such notice, the City shall abate or remove it and the cost thereof may be recovered from
the owner of such structure in a civil action. (Ord. 96 -10 § 1 (part), 1996)
Section 17.28.010 Maintenance of Public Piers -- Regulations.
Public piers and other harbor facilities may be maintained by the City for the purpose of
loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the
policy of the City to maintain such facilities in a manner that will permit the greatest public use
and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve
public use and avoid extended occupancy, congestion or blocking thereof, the City Manager is
authorized and directed to 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 except
that a four -hour limit is imposed on the Rhine Wharf Park, subject to the following conditions:
(1) the Harbor Master shall have the authority to limit the size of vessels using said facility; (2)
22
Chapter 17.28
PIERS*
Sections:
17.28.00E
Editor's note to Chapter 17.28.
17.28.010
Maintenance of Public Piers -- Regulations.
17.28.020
Defective Piers.
17.28.030
Obstruction Prohibited.
17.28.040
Motor Vehicles.
17.28.045
Vehicle Restrictions on the Newport Pier.
17.28.050
Exception for Business Vehicles.
17.28.060
Skateboards.
Section 17.28.00E Editor's note to Chapter 17.28.
Dogs prohibited on piers — See Chapter 7.04.
Section 17.28.010 Maintenance of Public Piers -- Regulations.
Public piers and other harbor facilities may be maintained by the City for the purpose of
loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the
policy of the City to maintain such facilities in a manner that will permit the greatest public use
and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve
public use and avoid extended occupancy, congestion or blocking thereof, the City Manager is
authorized and directed to 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 except
that a four -hour limit is imposed on the Rhine Wharf Park, subject to the following conditions:
(1) the Harbor Master shall have the authority to limit the size of vessels using said facility; (2)
22
vessels using this facility shall be in the actual process of loading, unloading or engaged in
temporary repairs; and (3) the Harbor Master may authorize an extension of the four -hour
period where special circumstances dictate such an extension.
When a sign is in place giving notice of such time limits, no person shall dock a vessel
at any such facility for a period of time in excess of that period, or permit any supplies or gear to
remain on such facility for a period in excess of that posted on the sign. (Ord. 1577 § 2, 1974:
Ord. 1377 § 1, 1971: Ord. 1090 (part), 1964: 1949 Code § 10307)
Section 17.28.020 Defective Piers.
Upon learning that any pier is in a defective or dangerous condition, the Harbor
Resources Director shall immediately so notify the owner or other person having charge of the
same in writing, requiring such person or persons to immediately repair it or to put up barriers to
prevent persons from going upon it. If such person shall fail or neglect to do so, the Harbor
Resources Director may place barriers as necessary for the protection of the public and charge
the cost thereof to such person, and it shall be a violation of this title for any person to interfere
with any such barrier.
If any pier, or any portion thereof, or any material on such pier, shall fall into the waters
of Newport Harbor, it shall be the duty of the owner, agent or lessee of such pier to forthwith
remove the same from the waters of the Harbor and, if they shall fail to do so, the Harbor
Resources Director may do so and the cost thereof may be recovered from the owner, agent, or
lessee of such pier in a civil action. (Ord. 1090 (part), 1964:1949 Code § 10306)
Section 17.28.030 Obstruction Prohibited.
No person shall intentionally obstruct the free access to and departure from any portion
of any public pier. (Ord. 1090 (part), 1964:1949 Code § 10308)
Section 17.28.040 Motor Vehicles.
No person shall drive any motor vehicle upon any public pier except to discharge or load
supplies or passengers 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 to load shall have preference over those ready to discharge; and no person shall
park or stop a vehicle where it blocks the approach to any public pier. (Ord. 1090 (part), 1964:
1949 Code § 10309)
Section 17.28.045 Vehicle Restrictions on the Newport Pier.
A. Prohibition: Subject to the exceptions set forth in Subsection C, no person shall,
at any time, operate, park or leave standing any motor vehicle on the Newport Pier.
B. Light -Duty Commercial Vehicle Defined. For the purpose of this Section, "light -
duty commercial vehicle" shall mean any vehicle which does not exceed twenty (20) feet in
length, does not exceed eight thousand (8,000) pounds load on any axle and has a
manufacturers' gross weight rating of ten thousand (10,000) pounds or less.
C. Exceptions. The prohibition set forth in Subsection (A) shall not apply to the
following:
1. Light duty commercial vehicles servicing the restaurant on the pier between the
hours of six a.m. and eleven a.m.
2. Any vehicles displaying permit issued by the Public Works Department. (Ord. 91-
33 §1,1991)
Section 17.28.050 Exception for Business Vehicles.
Notwithstanding the provisions of Section 17.28.040, any person having a license from
the City to conduct a business on a public pier may park a vehicle on such pier if he obtains
written permission to do so from the City Manager or if such parking is provided for in a written
contract with the City. (Ord. 1090 (part), 1964: 1949 Code § 10310)
Section 17.28.060 Skateboards
No person shall operate or ride any skateboard in or upon any public pier. (Ord. 1154
(part), 1966: 1949 Code § 10311)
23
Chapter 17.30
INSTALLATION OF PUMPOUT STATIONS BY CERTAIN COMMERCIAL USERS OF
NEWPORT BAY
Sections:
17.30.010
Findings and Purpose.
17.30.015
Definitions.
17.30.020
Pumpout Facility Required.
17.30.025
Maintenance.
Section 17.30.010 Findings and Purpose.
The City Council finds and declares as follows:
A. On July 14, 1986, the City Council created the Harbor Quality Citizen's Advisory
Committee in response to growing concerns about the deterioration of the quality of water in
Newport Bay. The Committee was specifically empowered to develop information, and make
recommendations, on proposed measures to improve water quality of the bay.
B. The Harbor Quality Citizen's Advisory Committee has, since its inception,
conducted monthly meetings and received testimony from representatives of the Regional
Water Quality Control Board, the Orange County Health Department, the Harbor Master,
businesses that utilize Newport Bay, and experts in the field of water quality.
C. The Committee has determined, based upon testimony presented to it, that there
are valid reasons for concern about contamination of bay waters caused by the discharge of
human waste from vessels using the Harbor.
D. The United States Environmental Protection Agency has determined that
recreational swimmers exposed to waters contaminated by human waste are at a higher risk of
developing gastrointestinal diseases.
E. The failure to take steps to control the discharge of human waste into the bay
could result in a quarantine for water contact sports, a prohibition against gathering of shellfish
from the waters of Newport Harbor and lead to the onset and spread of disease in humans.
F. The discharge of human waste into the waters of Newport Bay, if allowed to
continue, could jeopardize the economic viability of businesses which utilize, or are located on,
Newport Bay, and severely restrict recreational use of the bay.
G. The number of public pumpout facilities in Newport Harbor to serve the number
of vessels using the Harbor and the location of those facilities are not convenient to a large
number of vessels that require pumpout of holding tanks. Substantial quantities of human waste
have been discharged directly into the bay because of the lack of adequate pumpout facilities.
H. The heaviest commercial users of the bay, and those which have the greatest
need for adequate pumpout facilities, are sailing clubs, commercial harbor activity permittees,
and bareboat charter operations that load and unload passengers at the docks of harbor
permittees located in commercial zones.
I. The installation and use of pumpout facilities by the heaviest commercial users
of Newport Bay will help insure that bacteria, coliform and human pathogen levels remain below
those which would cause the adverse impacts described in this section. (Ord. 88 -18 § 1 (part),
1988)
Section 17.30.015 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings
specified in this section:
A. Commercial Harbor Activity Penmittee. Any person, or persons, partnership,
corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 17.41
of the Newport Beach Municipal Code.
B. Harbor Permittee. Any person, or persons, partnership, corporation or other
entity holding a permit issued pursuant to the provisions of Chapter 17.24 of the Newport Beach
Municipal Code and: (1) the permit zone is within an area designated as a commercial district;
24
and (2) the permittee permits or allows the loading and /or unloading of passengers of a bare
boat charter or other chartered vessel from any facility within the present zone.
C. Sailing Club. Any person, or persons, partnership, corporation, or other business
entity engaged in the business of leasing, renting, or chartering five or more vessels equipped
with marine toilets by members of the club and /or the general public for use on Newport Bay by
members of the club and /or the general public.
D. Permittee. Commercial harbor activity permittee and harbor permittee. (Ord. 88-
18 § 1 (part), 1988)
Section 17.30.020 Pumpout Facility Required.
A. Within one hundred eighty (180) days of the effective date of the ordinance
codified in this chapter, all sailing clubs, commercial harbor activity permittees and harbor
permittees shall install a vessel waste pumpout system solely for the use of vessels leased or
chartered by the club or permittee. The pumpout facility shall be installed on dock space under
the control of the club or permittee with convenient access to all vessels, owned, leased or
chartered by the club or permittee. The pumpout facility shall have a capacity commensurate
with the capacity of the holding tanks of the vessel or vessels of the club or permittee.
B. All pumpout facilities required by this chapter shall be installed pursuant to permit
issued by the Harbor Resources Director. Application for permit shall be made on forms
prepared, and furnished, by the Harbor Resources Director. No fee shall be charged for the
issuance of the pumpout facility permit or any other permit required prior to installation.
C. The application for permit shall be accompanied by appropriate plans and
specifications setting forth in detail the work to be done.
D. The application, plans and specifications required by this chapter shall be
reviewed by the Harbor Resources Director to determine if the proposed work meets all
requirements of this chapter and other provisions of the Newport Beach Municipal Code. The
Harbor Resources Director shall issue the permit if the proposed pumpout station complies with
all applicable ordinances, rules and regulations. A separate permit will be required from the
Building Director prior to installation of the pumpout facility. (Ord. 88 -18 § 1 (part), 1988)
Section 17.30.025 Maintenance.
Permittee shall maintain the pumpout facility in good condition and repair at all times.
(Ord. 88 -18 § 1 (part), 1988)
Chapter 17.32
WASTE AND REFUSE - -SMALL VESSEL MOORAGE*
Sections:
17.32.00E
Editor's note for Chapter 17.32.
17.32.010
Discharge of Excreta.
17.32.015
Vessel Holding Tank Requirements.*
17.32.020
Refuse In Navigable Waters.
17.32.030
Refuse and Vessels on Shoreline.
17.32.040
Refuse - Marinas and Piers.
17.32.050
Discharge of Flammable Materials.
17.32.060
Dead Animals.
17.32.070
Signs Concerning Sanitation Regulations.
Section 17.32.00E Editor's note for Chapter 17.32.
*Removal of beach refuse -- See Chapter 6.04.
Disposal of bait — See Chapter 17.36.
Section 17.32.010 Discharge of Excreta.
No person shall discharge, or permit or allow any other person on a vessel under his
control or command to discharge, any human or animal excreta from any head, toilet or similar
25
facility on a vessel into the waters of Newport Bay. (Ord. 1090 (part), 1964: 1949 Code §
10500(a))
Section 17.32.015 Vessel Holding Tank Requirements'
A. Vessel Wastes. No person shall own or operate a vessel equipped with any head
(toilet) or receptacle for human body wastes in the waters of Newport Bay unless:
1. Said vessel is also equipped with a holding tank designed to retain all human
body wastes deposited in said head or receptacle until such time as said sewage can be
discharged into a sanitary sewer system or discharged otherwise in accordance with law; or
2. Said head or receptacle is connected directly to a sanitary sewer system; or
3. Said head or receptacle is connected to an on -board sewage treatment system
which produces an effluent meeting such standards as may be approved by the County Health
Officer for discharge into the waters of Newport Bay.
B. Marina Pump -Out Facilities. The owner and operator of every commercial marina
shall provide a permanent holding tank pump -out facility or equivalent services which are
operable and available for use at all times and which are capable of servicing all vessels
berthed, docked, or moored at said marina. (Ord. 1440 § 1, 1972)
. The provisions set forth in this section shall become effective January 1, 1974.
Section 17.32.020 Refuse in Navigable Waters.
No person shall throw, discharge, deposit or leave or cause, suffer or permit to be
thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from
any factory or elsewhere, any refuse matter of any description, into the navigable waters of
Newport Harbor or on the shore of Newport Harbor or any navigable water within the
boundaries of the City where the same may be washed into Newport Harbor or such navigable
water, either by tides, or by floods or otherwise. (Ord. 1090 (part), 1964: 1949 Code §
10500(b))
Section 17.32.030 Refuse and Vessels on Shoreline.
No person shall place or allow vessels, boats, materials, garbage, refuse, timber or
waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on
the shorelines of Newport Harbor within the City. The Harbor Resources Director may remove
the same with or without notice, at his option, and the cost thereof may be recovered from any
person owning the same, or placing or causing it to be placed on the shoreline, in a civil action.
(Ord. 1090 (part), 1964:1949 Code § 10500(c))
Section 17.32.040 Refuse - Marinas and Piers.
Any owner or operator of a marina or any owner or permit holder who maintains a pier,
shall keep the area in and around such marina or pier located on the shorelines of Newport
Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter
at all times. (Ord. 1468 § 1, 1972)
Section 17.32.050 Discharge of Flammable Materials.
No person shall pump or discharge from any vessel or tank into the waters of Newport
Harbor, oil, spirits, or any flammable liquid, or deposit any rubbish, refuse matter or articles of
any offensive character therein or upon any pier or street leading to such facility. (Ord. 1090
(part), 1964: 1949 Code § 10501)
Section 17.32.060 Dead Animals.
No person shall throw, place or leave any dead animal or putrefying matter in the waters
of Newport Harbor, or on or along the shore thereof or the shore of any tidewater within the
City. (Ord. 1090 (part), 1964: 1949 Code § 10502)
Section 17.32.070 Signs Concerning Sanitation Regulations.
The owner or operator of any commercial boat docking facility or marina located on the
waters of Newport Bay shall install and maintain at his expense in conspicuous locations on the
premises thereof standard signs to inform the public of the regulations prohibiting the discharge
26
of toilets on any vessel into the waters of Newport Bay and other provisions of this Title which
relate to harbor sanitation. Uniform standards and specifications for the design and general
locations of such signs shall be prescribed by the Harbor Commission. Existing commercial
boat docking facilities or marinas shall be brought into compliance with the requirements of this
section on or before May 1, 1966. (Ord. 1148 (part), 1966: 1949 Code § 10500.1)
Chapter 17.33
PIER FEES'
Sections:
17.33.00E Prior history note for Chapter 17.33.
17.33.010 Definitions.
17.33.020 Statement of Policy and Intent.
17.33.030 Pier Fee.
17.33.040 Due Date.
17.33.050 Penalty for Failure to Pay Fees.
17.33.060 Administration.
Section 17.33.00E Editor's note for Chapter 17.33.
Prior ordinance history: Ords. 1322 and 1328.
Section 17.33.010 Definitions.
As used in this chapter the words defined in this section shall have the following
meanings assigned to them, unless from the context it appears that a different meaning was
intended.
A. "Pier" shall mean any fixed or floating structure for securing vessels, loading or
unloading persons or property, or providing access to the water, and includes wharf, dock, float,
any other landing facility, and floating dry docks.
B. "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.
C. "City tide and submerged lands" shall mean that area within Newport Harbor
granted to the City by the State of California.
D. "Commercial pier" shall mean a pier with multiple slips or floats which are rented
or leased to boat owners, including any pier used in connection with apartments, marinas, and
yacht clubs. For purposes of this chapter, multiple piers which are adjacent to a lot or parcel of
land occupied by a multi - family dwelling or dwelling units, and structures over the waters of
Newport Harbor that are business or income generating in nature shall be deemed commercial.
E. "Non - commercial pier" shall mean a pier used for private recreational purposes
by the owner or occupant(s) of the abutting upland property without payment of a separate
rental or lease fee. (Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971)
Section 17.33.020 Statement of Policy and Intent.
The City Council finds and determines that:
1. The City of Newport Beach as the grantee in trust from the State of California of
most of the tide and submerged lands comprising the developed area of Newport Harbor has
the responsibility of administering said lands in conformity with the purposes set forth in the
trust and with the accepted standards of equity and management of public lands and resources.
2. In order to carry out its responsibilities, the City must maintain comprehensive
records concerning piers and other structures permitted in Newport Harbor, must conduct
periodic inspections and enforce all laws and regulations applicable thereto, and must furnish
information and account to the State of California for its stewardship of said trust lands.
27
3. In accordance with the foregoing findings, the City Council determines that all
pier owners should pay an annual fee.
4. The revenue resulting from the foregoing fee shall be used exclusively for the
administration, maintenance and improvement of the harbor.
5. It is the policy of the City Council that the fees imposed pursuant to this chapter
shall not be subject to any change for a period of five years following the effective date thereof.
(Ord. 1801 § 1 (part), 1979: Ord. 1387 § 1 (part), 1971)
Section 17.33.030 Pier Fee.
Every owner or permit holder who maintains a pier, any part of which extends into the
waters of Newport Harbor, including any pier located on private property, on a dedicated
channel, or County tide and submerged lands, shall pay to the City an annual pier registration
fee based upon a schedule established by resolution of the City Council. (Ord. 1852 § 1, 1980:
Ord. 1801 § 1 (part), 1979: Ord. 1619 § 1, 1975: Ord. 1387 § 1 (part), 1971)
Section 17.33.040 Due Date.
All fees established by this chapter shall
March, or in the case of new installations, upc
(part), 1979: Ord. 1387 § 1 (part), 1971)
be due and payable annually on the 1st day of
n application for construction. (Ord. 1801 § 1
Section 17.33.050 Penalty for Failure to Pay Fees.
Any owner or permit holder who fails to pay any fee required by this chapter within thirty
(30) days after same is due shall be subject to a penalty in the amount of twenty -five (25)
percent of said fee on the first day of each month after the due date thereof; provided, however,
that the amount of such penalty to be added shall in no event exceed one hundred (100)
percent of the amount of the fee due. Failure to pay the fee plus any accrued penalty within one
hundred and fifty (150) days after the fee was originally due shall constitute grounds for
revocation of the permit by the Harbor Commission. (Ord. 1801 § 1 (part), 1979: Ord. 1667 § 1,
1976: Ord. 1387 § 1 (part), 1971)
Section 17.33.060 Administration.
The Harbor Resources Director shall administer the provisions of this chapter, except for
the collection of fees, which shall be the responsibility of the Administrative Services Director.
(Ord. 1801 § 1 (part), 1979: Ord. 1602 § 8, 1975: Ord. 1387 § 1 (part), 1971)
Section 17.36.010 Live Bait Receivers Defined.
A live bait receiver is an object for 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 of the harbor or ocean; provided, however,
28
Chapter 17.36
LIVE BAIT"
Sections:
17.36.00E
Editor's note for Chapter 17.36.
17.36.010
Live Bait Receivers Defined.
17.36.020
Requirements for Live Bait Receivers.
17.36.030
Permit Required.
17.36.040
Nonconforming Bait Receivers.
17.36.050
Commercial Bait Boats.
17.36.060
Disposal of Bait.
17.36.070
Transfer of Live Bait.
17.36.080
Suspension or Revocation of Permits.
Section 17.36.00E Editor's note for Chapter 17.36.
• Fishing regulations - See Chapter 11.20.
Section 17.36.010 Live Bait Receivers Defined.
A live bait receiver is an object for 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 of the harbor or ocean; provided, however,
28
that a live bait receiver shall not be deemed to be a "structure" within the meaning of Chapter
17.24. (Ord. 1090 (part), 1964: 1949 Code § 10503)
Section 17.36.020 Requirements for Live Bait Receivers.
All live bait receivers used within the waters of Newport Harbor shall be provided with
screen trays in the bottom thereof so as to retain all dead bait within the receiver which can be
raised to dispose of the dead bait. All live bait receivers within the City shall also have a screen
or solid cover which fits closely unless the receiver is completely covered by a roof. (Ord. 1090
(part), 1964: 1949 Code § 10504)
Section 17.36.030 Permit Required.
No person shall install or operate within the waters of Newport Harbor or the Pacific
Ocean any bait receiver without first obtaining a permit therefore from the Harbor Commission.
No permit shall be issued until the design of the receiver is approved by the Harbor Resources
Director and Building Department. All applications for permits provided for herein shall be made
to the Harbor Resources Director and Building Department and accompanied by plans showing
the design of the receiver and a fee of twenty-five dollars ($25.00). (Ord. 1602 § 10, 1975: Ord.
1286 § 10, 1968: Ord. 1090 (part), 1964:1949 Code § 10506)
Section 17.36.040 Nonconforming Bait Receivers.
Storage of live bait other than in a receiver conforming to the requirements hereof is
prohibited. After three days' written notice to the owner of a nonconforming receiver, it may be
removed by the Harbor Resources Director and stored at the expense of the owner. (Ord. 1090
(part), 1964: 1949 Code § 10506)
Section 17.36.050 Commercial Bait Boats.
All boats used to catch or furnish live bait shall, at all times, have aboard a covered
receptacle in which shall be placed all dead bait. Bait tanks on such boats when containing bait
shall be covered at all times when in Newport Harbor by a cover which fits closely over the top
except while bait is actually being transferred to or from the tank. (1949 Code § 10507 as
amended by Ord. 1090: August 24, 1964)
Section 17.36.060 Disposal of Bait.
No person shall place or allow to be placed any live or dead bait in the unconfined
waters of Newport Harbor except when it is attached to a hook or hooks in the act of fishing.
(1949 Code § 10508 as amended by Ord. 1090; August 24, 1964)
Section 17.36.070 Transfer of Live Bait.
No person shall transfer live bait from one vessel to another vessel or sell the same at
retail from a vessel within the limits of Newport Harbor, except when all vessels involved are
moored to a pier and are within the pierhead line, except that during a period of adverse
conditions of sea or beaches causing the transfer from offshore receivers to be hazardous, a
location inside the harbor may be used with the approval of the Harbor Resources Director.
(1949 Code § 10509 as amended by Ord. 1090; August 24, 1964)
Section 17.36.080 Suspension or Revocation of Permits.
A permit for a bait receiver shall be issued for an indeterminate period. Any permit for a
live bait receiver shall be revoked by the Harbor Commission if the receiver is in a state of
disrepair, does not comply with the requirements of this chapter, has become a source of
pollution of the bay, or is a nuisance or becomes detrimental to persons or property in the
vicinity. The permittee shall be given written notice of the intention to revoke the permit at the
address shown on the permit not less than fifteen days before the matter is to be considered by
the Harbor Commission. Such notice may be delivered to the permittee personally or by first
class mail with postage prepaid. (1949 Code § 10510 as amended by Ord. 1090; August 24,
1964)
29
Chapter 17.40
HOUSEBOATS
Sections:
17.40.010 Definitions.
17.40.020 Moorage Restrictions.
17.40.030 Use of Occupancy Requirements.*
17.40.040 Houseboat Marina Permit Required.
17.40.050 Application for Houseboat Marina Permit.
17.40.060 Conditions for Permit Issuance.
17.40.070 Revocation of Houseboat Marina Permit.
17.40.080 Grounds for Revocation.
17.40.090 Administration of Chapter -- Appeal.
Section 17.40.010 Definitions.
For the purpose of this chapter, the words and phrases herein defined shall be
construed in accordance with the definitions set forth unless it is apparent from the context that
a different meaning in intended.
Houseboat. The term "houseboat' shall mean a watercraft structure designed primarily
to be occupied as living quarters.
Houseboat Marina. The term "houseboat marina" shall mean any area within the City
covered by the waters of Newport Bay where one or more sites or location are rented or offered
for rent for the location of houseboats which are to be used for living quarters either
permanently or on a temporary basis. (1949 Code § 8700 added by Ord. 1029; April 22, 1963)
Section 17.40.020 Moorage Restrictions.
No person shall moor or dock a houseboat on the waters of Newport Harbor except at a
pier, slip or dock for which a valid current business license issued by the City is in effect
licensing the business of slip rentals or yacht or boat landing. (1949 Code § 8701 added by
Ord. 1029; April 22, 1963)
Section 17.40.030 Use of Occupancy Requirements'
No person shall use or occupy or permit the use or occupancy of a houseboat for living
quarters either permanently or on a temporary basis on the waters of Newport Harbor except in
a houseboat marina operated pursuant to a permit issued by the Harbor Commission and
unless such houseboat meets the following requirements:
There is provided within the houseboat not less than six hundred (600) square feet of
living area.
The houseboat is designed and maintained so there is a single opening above the water
line for waste and sewage removal and such opening is tightly connected to a permanent
sewer.
The houseboat is designed and constructed so that it meets the requirements of the
Building Code, Plumbing Code, and the Electrical Code to the extent the provisions thereof are
applicable. (1949 Code § 8702 added by Ord. 1029; April 22, 1963)
` For Building, Plumbing and Electrical Codes - -See Title 15.
Section 17.40.040 Houseboat Marina Permit Required.
No person shall operate a. houseboat marina or rent or hold out for rent any site or
space for the location of a houseboat to be used or occupied for living quarters either
permanently or on a temporary basis without having a current permit for such marina from the
City Council. (1949 Code § 8703 added by Ord. 1029; April 22, 1963)
Section 17.40.050 Application for Houseboat Marina Permit.
Any person desiring to operate a houseboat marina shall file an application for a permit
to do so with the City Clerk and submit a fee in an amount to be fixed by the City Council by
30
resolution for processing such application. Such application must be accompanied by a plan
showing the location of the proposed marina and the facilities contemplated therein. It shall be
submitted to the Harbor Commission for consideration at its next regular meeting following the
tenth day after the application is filed with the City Clerk. The Harbor Commission shall act on
such application within sixty (60) days after it is submitted. (1949 Code § 8704)
Section 17.40.060 Conditions for Permit Issuance.
The Harbor Commission shall grant such permit if the following conditions are met:
A. The applicant owns or has a lease on the land over which the marina is
proposed to be operated.
B. There is provided within such marina a minimum of eight hundred seventy -five
square feet of space for the exclusive use of each houseboat and its appurtenances to be
located therein.
C. Prior to the time any houseboats are located therein, a permanent float, dock or
slip for the mooring or docking of each houseboat from which such houseboat may be directly
boarded is constructed.
D. Each space intended for a houseboat must be provided with the following: (1) A
permanent water supply with an individual anti - backflow valve. (2) A sewer connection leading
into a permanent sewer. (3) A permanent supply of electricity.
E. The marina is in a zoning district of the City where houseboat marinas are
permitted or there is a current valid use permit authorizing the houseboat marina at the
proposed location.
F. There is provided on land adjacent to the marina two parking spaces for each
houseboat site within the proposed marina.
The Harbor Commission may limit the term of such permit and may impose additional
conditions on such permit deemed necessary by the Harbor Commission to protect the public
health, welfare and safety and to promote the general welfare. (Ord. 1029 (part), 1963: 1949
Code §8704)
Section 17.40.070 Revocation of Houseboat Marina Permit.
Any permit for a houseboat marina may be revoked by the Harbor Commission after
written notice to the operator of such marina and an opportunity to be heard before the Harbor
Commission. Such written notice shall be mailed to the operator of the marina at the address
shown on the permit and shall state the date and time the Harbor Commission will consider the
proposed revocation. (Ord. 1029 (part), 1963: 1949 Code § 8705)
Section 17.40.080 Grounds for Revocation.
The grounds for revocation shall be:
A. The houseboat marina no longer meets the conditions under which the permit
was granted.
B. The houseboat marina has become a source of pollution of the harbor.
C. The facilities of the marina or the houseboats located therein have fallen into a
state of disrepair.
D. Individual houseboats are permitted or maintained within the marina which do not
meet the requirements for houseboats established by this chapter. (Ord. 1029 (part), 1963:
1949 Code § 8705)
Section 17.40.090 Administration of Chapter -- Appeal.
The provisions of this chapter shall be administered by the Harbor Resources Director.
Appeals to the provisions of this chapter shall be made in accordance with Chapter 17.42.
Chapter 17.41
COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR'
Sections:
17.41.00E Prior history note for Chapter 17.41.
31
17.41.005
Findings and Purpose.
17.41.010
Definitions.
17.41.020
Permit for Commercial Activities Required.
17.41.025
Exceptions.
17.41.030
Application for Permit.
17.41.040
Filing Fee.
17.41.050
Issuance of Permit.
17.41.070
Power to Impose Conditions; Hold Harmless.
17.41.080
Duration of Permit.
17.41.090
Revocation.
17.41.095
Appeal.
17.41.100
Transfer of Permit.
17.41.110
Licenses and Fees not Exclusive.
17.41.120
Application to Existing Activities.
17.41.130
Misdemeanor — Public Nuisance.
Section 17.41.00E Editor's note for Chapter 17.41.
Prior ordinance history: Ords. 1345, 1573, 1602, 1612, 1759 and 1766.
Section 17.41.005 Findings and Purpose.
In adopting this chapter, the City Council makes the following findings:
A. There has been a significant increase in the nature and intensity of commercial
activities such as harbor cruises, dinner cruises and water taxi services occurring on and over
the waters of Newport Beach; and
B. This commercial activity has created an additional demand for available parking
and created traffic congestion in and around the waterfront; and
C. On occasion, this commercial activity has created an unreasonable level of noise
which has interfered with the right of persons who own property on or near Newport Bay to the
peaceful enjoyment of their property; and
D. This commercial activity has the potential to interfere with the free -flow of boats
and vessels operating on waters of Newport Beach and, the potential to increase the amount of
pollution litter on and in those waters; and
E. In adopting this chapter the City Council intends that the health, safety and
welfare of those who use, enjoy and own property near the waters of Newport Beach arc not
adversely affected by commercial activities conducted on those waters. (Ord. 84 -29 § 1 (part),
1984)
Section 17.41.010 Definitions.
A. For the purpose of this chapter, the term "waters of Newport Beach" shall mean
all waters within the corporate limits of the City of Newport Beach and within 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 tinder
the tidal water are privately or public owned.
B. For the purpose of this chapter, the term "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. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.020 Permit for Commercial Activities Required.
No person shall engage in, or conduct, any commercial activity on the waters of Newport
Beach, unless that person has obtained a permit for such activity pursuant to the provisions of
this chapter. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.025 Exceptions.
The requirements of this chapter are not applicable to the following:
A. Commercial fishing activities;
B. Boat repair and maintenance services;
32
C. Marine construction or contracting services; or
D. Any charter carrying six or fewer passengers; or
E. Vessels used in conjunction with an exempt activity shall also not be used for
office purposes unless such use is specifically authorized via permit issued pursuant to this
chapter. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.030 Application for Permit.
An application for permit under this chapter shall be filed with the Harbor Resources
Director, upon forms provided by the City, and shall contain the following information, and such
other information as the Harbor Commission may require:
A. The name, business address and business telephone number of 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 applicant's business;
D. A detailed drawing of the boat, watercraft and /or other facilities applicant
proposes to use, together 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. Type of activities permitted on- board,
6. Type of merchandise sold;
F. A description of the manner in which applicant intends to dispose of sewage,
trash and litter resulting from the operation;
G. A description of the type of entertainment applicant proposes to provide, if any;
H. A description of any sound amplification which applicant proposes to use;
I. A description and location of parking facilities available for the proposed
operation;
J. Other information which may be pertinent to vehicular or marine traffic, parking,
noise, pollution. litter, or any other matter which could adversely affect the health. safety and
welfare of those who use, enjoy or own property near the waters of Newport Beach. (Ord. 84-
29 § 1 (part), 1984)
Section 17.41.040 Filing Fee.
An application for a commercial harbor activities permit shall be accompanied by the fee
established by resolution of the City Council. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.050 Issuance of Permit.
Upon receipt of an application for commercial harbor activities permit, the Harbor
Resources Director shall investigate the information contained in the application. The Harbor
Resources Director may refer the application to the Planning Department, Harbor Commission
or other appropriate City departments, or to the Orange County Sheriffs Harbor Patrol for
investigation, report or recommendation.
Except as provided in this section, the Harbor Resources Director shall issue the permit
upon a determination that approval of the application will not adversely affect the health, safety
or welfare of those who use, enjoy, or own property near the waters of Newport Beach.
The Harbor Resources Director Marine DiradeF shall deny the application if:
A. The proposed commercial activity is likely to create noise which would adversely
affect use or enjoyment of the waters of Newport Beach by members of the public, or interfere
33
with the rights of those who own property near the waters of Newport Beach to the peaceful and
quiet enjoyment of that property;
B. The proposed commercial activity is likely to contribute to the problem of
pollution and litter on and in the waters of Newport Beach;
C. The vessel or craft to be used by the applicant does not satisfy the applicable
standards of the U.S. Coast Guard;
D. The proposed commercial activity is likely to create marine traffic congestion, or
otherwise interfere with the rights of others to use the waters of Newport Beach; and
E. The proposed commercial activity does not provide facilities to ensure adequate
parking, safe vehicular ingress and egress, and the safe loading and unloading of passengers
and supplies.
The Harbor Resources Director shall notify Applicant of his decision within ninety (90)
days from the date on which the application is submitted. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.070 Power to Impose Conditions; Hold Harmless.
In granting any permit pursuant to this chapter, the Harbor Resources Director, or the
Harbor Commission on appeal, may impose any additional conditions on the permit to ensure
that the proposed commercial activity will be compatible with the predominantly recreational
character of the waters of Newport Beach, the rights of other persons using the waters of
Newport Beach, the interests of residents and property owners whose properties abut or are in
close proximity to the waters of Newport Beach, and the interests of the general public. Any
such permit shall contain a provision stating that the permittee shall defend, identify and 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; in addition, the permittee shall reimburse said agencies for all attorney's 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.
The Harbor Resources Director or Harbor Commission, on approval or review, shall
have the power to impose new conditions or modify existing conditions with regard to any
permit issued pursuant to this chapter upon a determination that the operations by permittee, in
the absence of the new or modified conditions, does adversely impact the health, safety or
welfare of those who use, enjoy and own property near the waters of Newport Beach. (Ord. 84-
29 § 1 (part), 1984)
Section 17.41.080 Duration of Permit.
Unless otherwise specified, a permit issued pursuant to this chapter shall be valid until
terminated or revoked. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.090 Revocation.
Any permit granted pursuant to the provisions of this chapter may be revoked, by the
Harbor Resources Director, in whole or in part, upon fifteen days prior written notice to
permittee, directing the permittee to appear at the time, date and place specified in the notice to
show cause why the permit shall not be revoked. The notice shall specify the reasons for the
proposed action. A permit may 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. For violation of any law, rule or regulation of the United States, the United States
Coast Guard, The State of California, the City of Newport Beach, the County of Orange or the
Orange County's Sheriffs Harbor relating to the commercial activities authorized by any permit
issued pursuant to this chapter;
C. That the commercial activities of permittee adversely affect the health, safety or
welfare of those who use, enjoy or own property near the water of Newport Beach;
D. That the commercial activities of permittee fall within the criteria for denial of an
application, as set forth in subparagraph (A), (B), (C), (D) or (E) of Section 17.41.050;
34
E. The permittee has discharged or has permitted or allowed any other person on a
vessel operating under his permit to discharge any human or animal excreta from any head,
toilet, holding tank or similar facility into waters of Newport Bay. (Ord. 94 -34 § 1, 1994: Ord. 84-
29 § 1 (part), 1984)
Section 17.41.095 Appeal.
Appeals to the provisions of this chapter shall be made in accordance with Chapter
17.42.
Section 17.41.100 Transfer of Permit.
No permit issued pursuant to the provisions of this chapter shall be transferable either
by assignment, sale, hypothecation, operation of law or otherwise without permission of the
Harbor Commission having first been obtained. Application for transfer of any permit shall be
subject to the same terms, conditions and requirements as an application for an original permit.
In approving the transfer of any existing permit, the Harbor Commission may impose such
conditions as it may determine are in the public interest. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.110 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 or any other provision of law. (Ord. 84 -29 § 1
(part), 1984)
Section 17.41.120 Application to Existing Activities.
The commercial activities of those holding permits issued prior to the effective date of
this chapter may be continued to the extent authorized by permit or prior ordinances, but the
permittee shall not increase, or expand activities beyond those which are conducted on the
effective date of this chapter, unless an amendment to the permit has been approved by Harbor
Resources Director or Harbor Commission on appeal.
Any person, firm, corporation or other entity conducting any commercial activity on the
waters of Newport Beach on the effective date of this chapter, who does not possess a valid
permit issued pursuant to this chapter, shall apply to the City for such a permit not later than
ninety (90) days from the effective date of this chapter. (Ord. 84 -29 § 1 (part), 1984)
Section 17.41.130 Misdemeanor — Public Nuisance.
A. Any person violating the provisions of this section shall be guilty of a
misdemeanor. Any person convicted of a violation of this section shall be punishable by a fine
of not more than five hundred dollars ($500.00), or by imprisonment in the County jail for a
period not to exceed six months, or by both such fine and imprisonment. A person violating the
provisions of this chapter shall be guilty of a separate offense for each day during which any
violation is committed.
B. In addition to the penalties provided in subsection (A), any condition caused or
permitted to exist in violation of any of the provisions of this Section shall be deemed a public
nuisance. (Ord. 84 -29 § 1 (part), 1984)
Chapter 17.42
APPEALS
Sections:
17.42.010
Authorization to Appeal and Calls for Review.
17.42.020
Time Limits for Appeals and Calls for Review
17.42.030
Initiation of Appeals and Calls for Review.
17.42.040
Procedures for Appeals and Calls for Review.
Section 17.42.010 Authorization to Appeal and Calls for Review
Decisions of the Harbor Resources Director resulting from the Director's administration of
Chapters 17.22, 17.23, 17.40, or 17.41 may be appealed to the Harbor Commission by any
interested person. Decisions of the Harbor Commission relating to Chapters 17.22, 17.23,
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17.40, and 17.41 may be called up for review to the City Council by a member of the City
Council pursuant to the provisions of this chapter.
Section 17.42.020 Time Limits for Appeals and Calls for Review
A. Appeals. Appeals shall be initiated within fourteen (14) days of the decision.
B. Calls for Review. Calls for review shall be initiated within fourteen (14) days of the
decision.
Section 17.42.030 Initiation of Appeals and Calls for Review.
A. Filing of Appeals. Appeals of decisions of the Harbor Resources Director shall
be made in writing to the Harbor Resources Director.
B. Fee. Appeals shall be accompanied by a fee as established by resolution of the
City Council.
C. Calls for Review. Calls for review by the Harbor Commission may be initiated by
any Council member.
D. Effect on Decisions. Decisions that are appealed or called up for review shall not
become effective until the appeal or review is resolved.
Section 17.42.040 Procedures for Appeals and Calls for Review.
A. Hearing Date. An appeal or call for review shall be scheduled for a hearing before
the appellate or reviewing body within thirty (30) days of the filing of the appeal
unless both applicant and appellant or reviewing body consent to a later date.
B. Notice and Public Hearing. An appeal or call for review hearing shall be a public
hearing if the decision being appealed or reviewed required a public hearing.
Notice of public hearings shall be given in the manner required for the decision
being appealed or reviewed.
C. Plans and Materials. At an appeal or review hearing, the appellate or reviewing
body shall consider only the same application, plans and project related materials
that were the subject of the original decision.
D. Hearing. At the hearing, the appellate or reviewing body shall review the record of
the decision and hear testimony of the appellant, the applicant and any other
interested party.
E. Required Findings. At an appeal or review hearing, the appellate or reviewing
body shall make the findings prescribed in the individual chapters of this Code
when affirming, modifying or reversing the original decision.
F. Decision and Notice. After the hearing, the appellate or reviewing body shall
affirm, modify or reverse the original decision. When a decision is modified or
reversed, the appellate or reviewing body shall state the specific reasons for
modification or reversal. Decisions on appeals or review shall be rendered within
thirty (30) days of the close of the hearing. The Harbor Resources Director shall
mail notice of a Harbor Commission decision and the City Clerk shall mail a notice
of a City Council decision. Such notice shall be mailed within five working days
after the date of the decision to the applicant and the appellant.
SECTION _ If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional.
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SECTION _: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at 'a regular meeting of the City Council of the City
of Newport Beach, held on the10thday of September , 2002, and adopted on the 24tbday of
September , 20 02, by the following vote, to wit:
ATTEST:
CITY CLERK
AYES, COUNCILMEMBERS Heffernan, O'Neil,
Bromberg, Adams, Proctor, Mayor Ridgeway
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS Glover
MAYOR �C ✓ 2i.'' c
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2002 -18 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
24th day of September 2002, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, O'Neil, Bromberg, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of September 2002.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2002 -18 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: September �28,,f -,&2002. J
In witness whereof, I have hereunto subscribed my name this /tk' day of (Y rV�
2002.
City Clerk
City of Newport Beach, California