HomeMy WebLinkAbout88-37 - Adding Chapter 5.18 of the Newport Beach Municipal Code Regarding Marine Charter PermitsORDINANCE NO. 88- 37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING CHAPTER 5.18 OF THE NEWPORT
BEACH MUNICIPAL CODE REGARDING MARINE CHARTER
PERMITS.
The City Council of the City of Newport Beach does hereby
as follows:
Section 1: Section 5.18 of
Municipal Code is added to read as follows:
CHAPTER 5.18
MARINE CHARTER PERMIT
Sections:
Section 5.18.005
Section 5.18.010
Section 5.18.020
Section 5.18.025
Section 5.18.030
Section 5.18.035
Section 5.18.040
Section 5.18.045
Section 5.18.050
Section 5.18.055
Section 5.18.060
the Newport Beach
Purpose and Findings.
Definitions.
Permit Required /Violations.
Exceptions.
Application for Permit.
Filing Fee.
Issuance of Permit.
Conditions.
Indemnification.
Transfer Prohibited.
Penalty.
Section 5.18.005. Purpose and Findings.
The City Council of the City of Newport Beach, in
dopting this Ordinance, finds and declares as follows:
A. In the past few years, there has been a
dramatic increase in the number of "bareboat" or demised charters
operating in Newport Bay;
B. Many of these vessels are owned or operated
by persons who do not have a fixed base of operation on or near
the Bay that can provide the parking or sanitation facilities
necessary to serve their clients and customers;
C. If unregulated, bareboat charter activities
will continue to increase the demand for available waterfront
parking that is already in short supply, continue to generate
levels of noise which, on occasion, have interfered with the many
residents who live on the Bay, and continue to present a risk of
direct discharge of waste into the Bay;
D. The requirements of this chapter are
necessary to prevent traffic congestion, parking shortages,
excessive noise, and the discharge of waste into the Bay;
E. The charter activities not regulated by
Chapter 17.41 and this chapter are those which involve so few
eople as to have only a minimal impact on the traffic, parking
nd noise problems associated with other charter activities.
Section 5.18.010. Definitions.
• For the purpose of this chapter, the following
definitions shall apply:
A. " Bareboat Charter" shall mean any vessel
not inspected by the United States Coast Guard under Title 46 of
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the Code of Federal Regulations and which has been chartered for
consideration.
B. "Certificated Charter" shall mean any
vessel inspected by the United States Coast Guard under Title 46
of the Code of Federal Regulations and which has been chartered
for consideration.
C. "Chartered for Consideration" shall mean a
vessel which has been hired or leased by the owner, directly or
through a representative, to any person for a voyage in exchange
for the payment of money, the receipt of something of value, or
the forgiveness of a debt.
D. "Commercial Fishing Vessel" shall mean a
vessel registered by the Department of Fish & Game pursuant to
Section 7880 of the Fish & Game Code of the State of California.
E. "Sailing Club" shall mean an organization
operating from a fixed location and principally engaged in the
coordination or facilitation of the use of pleasure boats by its
membership.
F. "Applicant" shall mean the individual in
possession and control of a vessel in the case of a bareboat
charter, or, in the case of a certificated charter, the owner of
the vessel or authorized representative of the owner.
G. "Six Pack Charter" shall mean a bareboat or
certificated charter carrying six or fewer people.
H. "Sportfishing Charters" shall mean a vessel
chartered solely for sportfishing outside Newport Harbor.
I. "City Manager" shall mean the City Manager
rof the City of Newport Beach, or his or her respective assignees.
MORMW J. "License Supervisor" shall mean the License
Supervisor of the City of Newport Beach, or his or her designee.
K. "Newport Bay" 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 under the tidal water are privately or public owned.
L. "Person" shall mean an individual,
proprietorship, firm, partnership, joint venture, syndicate,
business trust, company, corporation, association, committee or
any other organization or group of persons acting in concert.
Section 5.18.020. Permit Reguuired1Violations.
A. No person shall operate any bareboat
charter or certificated charter on the waters of Newport Bay
without first obtaining a marine charter permit pursuant to this
chapter.
B. No person shall schedule, arrange, or
oordinate the operation of a bareboat charter or certificated
charter on the waters of Newport Bay without first obtaining a
marine charter permit pursuant to this chapter.
• C. No person who owns a certificated vessel (a
vessel inspected by the United States Coast Guard pursuant to
Title 46 of the Code of Federal Regulations) shall permit or allow
the use of the vessel as a certificated charter on the waters of
Newport Bay without first obtaining a marine charter permit
pursuant to this chapter.
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D. No person shall operate a bareboat charter
or certificated charter on the waters of Newport Bay without
having a valid marine charter permit on board the vessel at all
times during the charter.
Section 5.18.025. Exceptions.
The provisions of this chapter shall not apply to the
A&- following:
A. Any vessel operating pursuant to, and in
compliance with conditions of, a valid permit issued pursuant to
Chapter 17.41 of the Newport Beach Municipal Code;
B. Commercial fishing vessel;
C. Vessels operated by a sailing club while
carrying six or fewer passengers, provided at least one of the
passengers is a member of the sailing club;
D. Sportfishing charters;
E. Six -pack charters;
F. Vessels used solely for the purpose of boat
repair, maintenance or marine construction.
Section 5.18.030. Application for Permit.
Application for permit pursuant to this chapter shall
be filed with the License Supervisor upon forms provided by the
City and shall contain the following information:
A. The name, business address, and business
rtelephone number of the applicant;
MNRWW B. The name, address and telephone number of
the charter agent in the case of a bareboat charter, or the vessel
owner in the case of a certificated charter;
C. 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, and any
unique or special features of the vessel;
D. A full description of the proposed charter
including:
1. The hours of operation;
2.
The route
or routes
of
travel;
3.
Maximum
number
of
patrons or
passengers;
4. Embarkation and debarkation points;
5. Activities to be conducted on board
the charter, including any entertainment;
•6. Description of any sound amplification
proposed to be used;
7. Description and location of the
parking facilities available for the charter, including any
written agreement pursuant to which the applicant has obtained the
rights to the parking facilities, and the method by which the
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applicant proposes to notify all passengers or patrons of the
requirement that they park in the designated area;
8. A description of the manner in which
the applicant intends to dispose of all sewage, trash and litter
resulting from the charter; and
9. 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 or welfare of those who use, enjoy, or own
AM% property near, the waters of Newport Bay.
E. Such other information as the License
Supervisor deems reasonably necessary to determine whether to
issue a permit.
F. The application shall be filed no later
than five (5) working days before the date the charter is to
occur. Applications may be considered if: (1) filed no later than
two (2) full working days before the charter is to occur; (2) the
applicant demonstrates good cause for the delay in filing; and (3)
the proposed charter does not require special investigation or the
imposition of special conditions.
Section 5.18.035. Filing Fee.
An application for a marine event permit shall be
accompanied by a fee established by resolution of the City
Council, provided, however, the fee shall be no greater than
necessary to defer the costs incurred by the City in administering
the provisions of this ordinance.
Section 5.18.040. Issuance of Permit.
A. Upon receipt of an application for a marine
harter permit, the License Supervisor shall investigate the
information contained in the application and issue the permit upon
a determination that approval will not adversely affect the
health, safety or welfare of those who use, enjoy, or own property
near the waters of Newport Bay. The application shall be denied
if there is substantial evidence that:
1. The proposed charter is likely to
create noise which would adversely affect the use or enjoyment of
the waters of Newport Bay by members of the public, or interfere
with the rights of those who own property on or near the waters of
Newport Bay;
2. The proposed charter is likely to
contribute to the problem of pollution or litter on and in the
waters of Newport Bay;
3. The proposed charter does not provide
facilities to insure adequate off - street parking, or the safe
loading and unloading of passengers and supplies. For the
purposes of this section, parking shall be considered adequate
only if one parking space is provided for each three (3)
passengers or the applicant can demonstrate, to the satisfaction
doof the License Supervisor, that fewer spaces are required because
of written passenger commitments to carpool or use different forms
of transportation;
4. The proposed charter, when viewed in
conjunction with other anticipated charters and marine operations,
is likely to create marine traffic congestion or otherwise
interfere with the rights of others to use the waters of Newport
Bay;
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5. The applicant has misrepresented
material facts in the application;
6. The applicant has, within the
preceding ninety (90) days, failed to comply with a condition
imposed on a previously- issued marine charter permit.
B. In the event the License Supervisor denies
the application, the applicant shall have the right to appeal this
decision, to the City Manager, by filing a written appeal with the
office of the City Manager within five (5) working days from the
date on which the applicant has notice of the decision, or at
_ least two (2) working days before the date and time of the
proposed charter, whichever provides the most time for
consideration of the appeal. The City Manager shall consider the
appeal and render a decision within twenty -four (24) hours
(exclusive of weekends and holidays) from the date of the appeal.
The decision of the City Manager shall be final.
C. The tern of the permit shall extend only
for the duration of the charter for which the permit was issued.
Section 5.18.045. Conditions.
A. The License Supervisor may impose any
condition on the permit reasonably necessary to insure the
proposed charter provides adequate parking facilities, does not
create noise, does not pollute or litter the waters of Newport
Bay, does not create marine traffic congestion and does not
otherwise adversely affect the persons using, working in, or
living around Newport Bay. Failure to comply with conditions
imposed on any marine charter permit shall constitute a violation
of this chapter.
B. All permits issued pursuant to this chapter
10 re subject to the following standard conditions:
1. Adequate off - street parking shall be
provided for all passengers on the bareboat charter or
certificated charter;
2. No passenger loading or unloading is
to occur at any gas dock or public dock;
3. Passengers transported to or from the
charter shall not be picked up from, or unloaded on, City streets;
4. All passengers shall be loaded and
unloaded only from docks or piers in commercially -zoned districts;
5. No amplified sound shall be allowed to
emanate from the interior of the vessel;
6. No music or sound shall be audible at
a point 50 feet from the hull of the vessel;
7. Music, live entertainment, and all
forms of amplified sound are prohibited after 10:00 P.M.;
8. Air horns, whistles, bells, and other
noise- making equipment shall not be used;
9. All trash and litter generated by the
• charter shall be properly disposed of in private trash receptacle;
10. All charters shall operate in main
navigational channels, as far from shore as practical, and the
route of travel must be at least 100 feet from any residence;
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11. Each vessel shall be equipped with
Coast Guard approved holding tanks for raw sewage;
12. All Federal, State, County and City
statutes, rules, ordinances, laws and regulations shall be obeyed.
Section 5.18.050. Indemnification.
Permittee shall defend, indemnify, and hold City
harmless from and against any loss, liability, claim, damage or
injury that is in any way related to the bareboat charter or
certificated charter for which a permit is granted pursuant to
_ — this chapter.
Section 5.18.055. Transfer Prohibited.
No permit issued pursuant to this chapter shall be
transferred, sold or assigned. Any attempt to transfer, sell or
assign the permit shall render the permit void and of no force and
effect.
Section 5.18.060. Penalty.
Any person violating the provisions of this chapter
shall be guilty of a misdemeanor.
Section 2: The City Clerk shall cause the same to be
published once in the official newspaper within fifteen (15) days
after its adoption.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 10th day of October, 1988, and adopted on the 24th day of
October, 1988, by the following vote, to -wit:
AYES, TURNER, PLUMMER, HART, COX, STRAUSS,
SANSONE, MAURER
NOES,
ATTEST:
City Clerk
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