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HomeMy WebLinkAbout2006-5 - Amending Section 17.22.150 of Chapter 17.22 of Title 17 of the NBMC Pertaining to Mooring, Anchoring and Vessel Condition Requirements, and Adding Section 17.24.085 to Chapter 17.24 of Title 17 of the NBMC Pertaining to the Securing of StructuresORDINANCE NO. 2006- 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.22.150 OF CHAPTER 17.22 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MOORING, ANCHORING AND VESSEL CONDITION REQUIREMENTS, AND ADDING SECTION 17.24.085 TO CHAPTER 17.24 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE SECURING OF STRUCTURES NOW THEREFORE, the City Council of the City of Newport Beach, Califomia, HEREBY ORDAINS as follows: SECTION 1: Section 17.22.150 of Chapter 17.22 of Title 17 of the Newport Beach Municipal Code is hereby amended and shall read as follows: 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 stem in such a manner as to prevent the vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Director as single mooring areas. Vessels in single mooring areas may be tied from the bow or stern only. B. Vessel Condition -- Seaworthiness and Operability. Vessels must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the City or 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 and /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 the mailing of the 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) remove the vessel within thirty (30) days of the mailing of the written notice of such determination and request assignment of a different vessel that is seaworthy and operable to the mooring within sixty (60) days after the removal of the vessel. 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 or seaworthiness of a vessel as needed. C. Vessel Security. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Director determines that a sea lion has boarded a moored vessel, the Harbor Resources Director shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ appropriate measures to deter sea lions from boarding the vessel within thirty (30) days of the mailing of the notice of determination. If the Harbor Resources Director determines that appropriate deterrent measures have not been taken within thirty (30) days of the mailing of the notice of determination, the Harbor Resources Director shall provide the permittee with a second notice of determination and the permittee shall: (1) take any and all necessary action to employ appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination; or (2) remove the vessel within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service (and published on the City of Newport Beach Harbor Resources Website) to minimize sea lion boarding of vessels assigned to a mooring. D. Exceptions. The requirements of Section 17.22.150 A. and B. are not applicable to vessels used in marine construction or marine contracting services. E. Penalty. In addition to any criminal, civil, administrative or other legal remedy that may be available to enforce violations of the Municipal Code or applicable State Codes, violations of Section 17.22.150 may be enforced in accordance with the provisions contained in Chapter 1.05. F. Appeal. The determinations of the Harbor Resources Director under Section 17.22.150 may be appealed in accordance with the provisions contained in Chapter 17.42. SECTION 2: Section 17.24.085 is hereby added to Chapter 17.24 of Title 17 of the Newport Beach Municipal Code to read as follows: Section 17.24.085 Securing of Structures. A. If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the Harbor Resources Director determines that a sea lion has boarded a permitted structure and /or any vessel or other appurtenances attached to the structure, the Harbor Resources Director shall provide the permittee with a notice of determination and the permittee shall take any and all necessary action to employ appropriate measures to deter sea lions from boarding the structure and /or any vessel or other appurtenances attached to the structure, within thirty (30) days of the mailing of the notice of determination. If the Harbor Resources Director determines that appropriate deterrent measures have not been taken within thirty (30) days of the mailing of the notice of determination, the Harbor Resources Director shall provide the permittee with a second notice of determination and the permittee shall take any and all necessary action to employ appropriate sea lion deterrent measures within seven (7) days of the mailing of the second notice of determination. Appropriate deterrent measures shall be defined as the latest methodology permitted by National Marine Fisheries Service (and published on the City of Newport Beach Harbor Resources Website) to minimize sea lion boarding of a permitted structure and /or any vessel or other appurtenances attached to the structure. B. In addition to any criminal, civil, administrative or other legal remedy that may be available to enforce violations of the municipal Code or applicable State Codes, violations of Section 17.24.085 may be enforced in accordance with the provisions contained in Chapter 1.05. C. The determinations of the Harbor Resources Director under Section 17.24.085 may be appealed in accordance with the provisions contained in Chapter 17.42. SECTION 3: 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. SECTION 4: 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. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 24thday of Ta uary 2006, and adopted on the l4thday of February , 2006, by the following vote, to wit: AYES, COUNCILMEMBERS Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb NOES, COUNCILMEMBERS None STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2006 -5 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 14th day of February 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb Noes: None Absent: None Abstain: Nichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of February 2006. City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -5 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: February 18, 2006. In witness whereof, I have hereunto subscribed my name thise?? L4 p ��J j day of 2006. ® v I • lTQ City Clerk City of Newport Beach, California