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Home My WebLink About2015-13 - Regulating and Limiting the Operation of Vessels Propelled by Water Above the Surface of Newport HarborORDINANCE NO. 2015-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REGULATING AND LIMITING THE OPERATION OF VESSELS PROPELLED BY WATER ABOVE THE SURFACE OF NEWPORT HARBOR WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitutions, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Newport Harbor is one of the largest recreational small craft harbors in the United States, and its waters and shoreline support a wide variety of commercial, recreational and residential uses, and scenic and biological resources; WHEREAS, the City's Harbor Resources Division has received inquiries and Marine Activities Permit applications in the past from persons and businesses desiring to establish water propulsion vessel operations within Newport Harbor; WHEREAS, Newport Harbor currently has one (1) commercial business operating a water propulsion vessel business out of the Rhine Channel. Water propulsion vessels operate above the surface of the water and are commonly referred to as Jetlev, Jetpack, Flyboard, Aquaflyer, Aquaboard, etc. The vessels operate by sucking water up to the user through a long hose connected to a modified personal water craft, and then redirecting the water at a high velocity back towards the water surface, which provides lift to raise a user above the surface of the water; WHEREAS, City staff has received complaints from residents living around Newport Harbor regarding noise, exhaust, wake and speed violations related to water propulsion vessels; WHEREAS, the water propulsion vessel business is relatively new and there is a lack of information regarding their safety and operational characteristics. The Coast Guard is currently studying this activity, and has yet to develop safety protocols. To ensure the health, safety and welfare of residents and visitors in Newport Harbor, City staff has restricted the single current water propulsion vessel operator in Newport Harbor to the main channel areas; Ordinance No. 2015-13 Page 2 of 4 WHEREAS, there is a distinct lack of available space to accommodate water propulsion vessels in the channels. Given the unique operational characteristics of water propulsion vessels (e.g., separate vessels for power and for holding the user as well as a third vessel for staging, staff and loading purposes), they have the potential to impact access to navigational channels and could, if used improperly, endanger users as well as other persons within and around Newport Harbor; WHEREAS, the City Council adopted urgency Ordinance No. 2014-11 on June 24, 2014 establishing a six (6) month temporary prohibition on the issuance of Marine Activities Permits to persons and businesses desiring to establish water propulsion vessel operations within Newport Harbor; WHEREAS, during the time the temporary prohibition was in place, City staff, a Harbor Commission ad hoc committee, and the Harbor Commission held numerous public meetings where they solicited testimony, experiences, and feedback regarding the compatibility of water propulsion vessel operations with other uses in Newport Harbor; WHEREAS, the Harbor Commission concluded that the public's concerns were predominantly related to noise and safety, and that because some of the operators are inexperienced, there is potential for accident and injury; WHEREAS, commercial operators have more experience in the operation of vessels propelled by water above the surface of Newport Harbor and are regulated by City permits, which tends to increase the safe operation of the vessels over operation by private recreational users; WHEREAS, the City intends that the health, safety and welfare of those who use, enjoy and own property near Newport Harbor are not adversely affected by activities conducted on those waters; and WHEREAS, the City desires to prohibit the operation of vessels propelled by water above the surface of Newport Harbor by private recreational users to ensure the health, safety and welfare of the public and the compatibility of uses within Newport Harbor. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby amends Newport Beach Municipal Code Section 17.20.060 to read as follows: Ordinance No. 2015-13 Page 3 of 4 17.20.060 Air and Water 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 or water 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, any person responding to an emergency on behalf of any public agency, or any person authorized under a permit issued by the Harbor Resources Manager, or his or her designee, to operate a vessel that is powered or maneuvered by means of mechanical water propulsion above Newport Harbor's water surface. Section 2: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. 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, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. Ordinance No. 2015-13 Page 4 of 4 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of May, 2015, and adopted at a regular meeting of the City Council of Newport Beach, held on the 23`d day of June, 2015, by the following vote, to wit: AYES, COUNCILMEMBERS Petros, curry, Muldoon, Mayor Selich NOES, COUNCILMEMBERS Peotter, Dixon ABSENT COUNCILMEMBERS Duffield ATTEST: 4a L� LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY�ATTORNEY'S OFFICE AARON C'HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2015-13 was duly and regularly introduced on the 26th day of May, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23d day of June, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Selich NAYS: Council Member Peotter, Mayor Pro Tem Dixon ABSENT: Council Member Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of June, 2015. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } — zdm� ;* h City Clerk V City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015-13 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 newspaper of general circulation on the following dates: Introduced Ordinance: May 30, 2015 Adopted Ordinance: June 27, 2015 In witness whereof, I have hereunto subscribed my name this day of 2015. U t��EWPU(A/ � I G O �r Cify Clerk 0 City of Newport Beach, California C;jt�FORN�P� (Seal)