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HomeMy WebLinkAbout84-29 - Amending Chapter 17.41 of the Newport Beach Municipal Code Relating to Commercial Activities on the Waters of Newport Beach• AN ORDINANCE OF THE CITY OF NEWPORT BEACH AM ENDING CHAPTER 17.41 OF THE NEWPORT BEACH M NICIPAL CODE RELATING TO COMMERCIAL .ACTIVITIES ON THE WATERS OF NEWPORT BEACH Section 17.41 .005 17.41.010 17.41.020 17.41 .025 17.41 .030 17.41 .040 17.41.050 17.41.070 17.41.080 17.41.090 •17.41 .095 17.41.100 17.41.110 17.41.120 17.41.130 Findings and Purpose Definitions Permit for Corrmercial Activities Required Exceptions Application for Permit Filing Fee Issuance of Permit Power to Impose Conditions; Hold Harmless Duration of Permit Revocation Appeal Transfer of Permit Licenses and Fees Not Exclusive Application to Existing Activities Misdemeanor - Public Nuisance SECTION 1. Chapter 17.41 is hereby amended to read as follows: Section 17.41.005 - Findings and Purpose In adopting this Ordinance, the City Council makes the following findings: (a) There has been a significant increase in the nature and intensity of corrmercial 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 corrmercial 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 Ordinance, the City Council intends that the health, safety and welfare of those who use, enjoy and own property near the waters of Newport Beach are not adversely affected by commercial activities conducted on those waters. 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 under the tidal water are privately or public owned. (b) For the purpose of this chapter, the term "corrmercial 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. Section 17.41.020 - Permit for Commercial Activities Required No person shall engage in, or conduct, any commercial VA • activity on the waters of Newport Beach, unless that person has obtained a Permit for such activity pursuant to the provisions of this Chapter. 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; (c) Marine construction or contracting services; or (d) 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. 17.41.030 - Application for Permit An application for permit under this Chapter shall be filed with the Marine Director, upon forms provided by the City, and shall contain the following information, and such other information as the City Council 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: 3 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 Section 17.41.040 - Filing Fee An Application for a Comneriial Harbor Activities Permit shall be accompanied by the fee established by resolution of the City Council. Section 17.41.050 - Issuance of Permit Upon receipt of an Application for Commercial Harbor Activities Permit, the Marine Director shall investigate the information contained in the application. The Marine Director may refer the application to the Planning Department or other appropriate City departments, • or to the Orange County Sheriff's Harbor Patrol for investigation, report or recorrmendation. Except as provided in this section, the Marine Director shall issue the Permit upon a determination that approval of the Application will not adversely affect the health, safety or 4 welfare of those who use, enjoy, or own property near the waters of Newport Beach. • The Marine Director 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 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 Marine Director shall notify Applicant of his decision within 90 days from the date on which the application is submitted. Section 17.41.070 - Power to Impose Conditions; Hold Harmless In granting any permit pursuant to this Chapter, the • Marine Director, or the City Council 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 5 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 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 Marine Director or City Council, 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. Section 17.41.080 - Duration of Permit Unless otherwise specified, a permit issued pursuant to this Chapter shall be valid until terminated or revoked. Section 17.41.090 - Revocation Any permit granted pursuant to the provisions of this Chapter may be revoked, by the Marine Director, in whole or in part, upon five 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 should 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; n (b) For the 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 Sheriff's 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 waters 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. Section 17.41.095 - Appeal Any applicant aggrieved by • a decision of the Marine Director may appeal to the City Council. The appeal must be writing, filed with the City Clerk within 15 days from the date on which notice of the action by the Marine Director was deposited in the U.S. Mail, and must set forth the facts and circumstances that form the basis of the appeal. The City Council may preside over the hearing on appeal or, in the alternative, may appoint a hearing officer to receive all relevant evidence and to prepare findings and recorrmendat i ons to be considered by the City Council at a regular meeting held within 60 days from the date of the hearing. The City Council shall determine the merits of the appeal and may sustain, overrule, or modify the action of the Marine Director. The • decision of the City Council shall be final. 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 7 of law or otherwise without permission of the City Council having first been obtained. Application for transfer of any permit • shall be subject to the some terms, conditions and requirements as an application for an original permit. In approving the transfer of any existing permit, the City Council may impose such conditions as it may determine are in the public interest. 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. Section 17.41.120 - Application to Existing Activities. The commercial activities of those holding permits issued prior to the effective date of this Ordinance 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 • Ordinance, unless an amendment to the permit has been approved by the Marine Director or City Council 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 Ordinance, 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 effecctive date of this Ordinance. 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 $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 ry 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on thelOth day Of December , 1984, and was adopted on the 14th day of January , 1986 by the following vote: ATTEST: ity Clerk ORP /Corrme r c 1 a I • AYES, COUNCILMEMBERS Agee, Cox, Maurer, Heather, Plummer, Strauss NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Hart Li yor vv D