HomeMy WebLinkAbout07 - Amending Newport Municipal Code Title 17, Pertaining to Speed LimitsQ SEW Pp�T
CITY OF
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z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 9, 2018
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Carol Jacobs, Assistant City Manager,
cjacobs@newportbeachca.gov
PHONE: 949-644-3313
TITLE: Ordinance No. 2018-18 — Amending Newport Municipal Code
Title 17, Pertaining to Speed Limits
ABSTRACT -
At the May 8, 2018 City Council meeting, the City Council authorized staff to move forward
with proposed exceptions to the harbor speed limit within City tidelands to the State of
California for review and comment. Staff has contacted the State and received no
comments. Staff is now requesting an amendment to Title 17 to allow for exceptions to the
speed limit in certain circumstances.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2018-18, An Ordinance of the City of Newport Beach Amending the Newport Beach
Municipal Code Title 17, Pertaining to Speed Limits, and pass on to second reading on
October 23, 2018.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item
DISCUSSION:
Background:
Amending the Newport Beach Municipal Code to allow exceptions to the speed limit for
certain events has been a goal of the Harbor Commission since 2008. At that time,
significant public input was received in support of such a change, and the Harbor
Commission has kept this as a goal for many years. Attachment A is the proposed
Ordinance and Attachment B is the redline version.
7-1
Ordinance No. 2018-18 — Amending Newport Municipal Code Title 17,
Pertaining to Speed Limits
October 9, 2018
Page 2
The intent of the exceptions is to allow human powered craft or wind powered vessels to
travel at speeds above five nautical miles per hour over City tidelands under certain
conditions such as races and practices via a City issued permit. In addition, support
vessels during these events would also be permitted to ravel in excess of the speed limit.
However, no vessels may operate in an uncontrolled, un -seamanlike manner or at a speed
that endangers the safety of persons or property.
The County of Orange and the Orange County Sheriff's Department were consulted during
this process, and agreed with this concept. However, the County would retain its speed
limit rules (five miles per hour) over County tidelands.
At the May 8, 2018, the City's Harbor Commission recommended to the City Council to
amend the Municipal Code relating to speed limits in the harbor have exceptions for human
or wind powered vessels for events such as sailing regattas, races and practices as well
as exceptions for support vessels to those human or wind powered vessels during those
events. The City Council authorized staff to proceed with the necessary approvals and
return to the City Council for final consideration of the change to the Municipal Code.
The State Parks Division of Boating and Waterways must be consulted prior to any change
in the City's Municipal Code. The City sent a letter to the State Division of Boating and
Waterways on June 28, 2018 to receive their input and comments (Attachment C). As of
this date no comments have been received. The California Harbors and Navigation Code
660 (a) ..."(c) any measure relating to boats or vessels adopted by ay governmental entity
other than the department shall be submitted to the department prior to adoption at least
30 days prior to the effective date thereof."(Attachment D).
Should the City Council approve the ordinance, staff will develop a permit for harbor users
to complete prior to the event. It is anticipated that one permit will be valid for all events
by a group for a six month period.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2018-18
Attachment B — Title 17 (redline)
Attachment C — Letter to State Division of Boating and Waterways
Attachment D — California Harbor and Navigation Code Section 660
7-2
ATTACHMENT A
ORDINANCE NO. 2018-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT
BEACH MUNICIPAL CODE TITLE 17, PERTAINING TO
VESSEL SPEED LIMITS
WHEREAS, the City of Newport Beach ("City") is a premier destination that
provides for a diversity of recreational uses including a visitor friendly harbor, recreational
boating, fishing, water sports, and ecological enrichment;
WHEREAS, the City has a very active boating community that enjoys a long history
of nautical racing and competition that includes sailboat racing, human powered boat
racing, and the associated training and practice activities that generally accompany such
events;
WHEREAS, the City's adopted vessel speed limits do not allow for nautical races
that exceed the posted speed limit of five (5) nautical miles per hour;
WHEREAS, the City desires to provide flexibility and consistency to vessel speed
limits to be reflective of current practices, while ensuring a balanced approach to other
uses in Newport Harbor; and
WHEREAS, the City filed a copy of this ordinance with the California Department of
Boating and Waterways prior to its adoption and at least thirty (30) days prior to its
effective date, as required by California Harbor and Navigations Code Section 660(a).
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ordain, as follows:
Section 1: Subsection 17.01.030(H)(4) of Chapter 17.01 is hereby amended to
read as follows:
4. Harbormaster. The term "Harbormaster" shall mean the Harbormaster
of the City of Newport Beach, or his or her designee.
Section 2: Subsection 17.01.030(R)(1) of Chapter 17.01 is hereby amended to
read as follows:
1. 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. This includes all vessels of any size home -ported, launched/retrieved,
7-3
Ordinance No. 2018 -
Page 2 of 5
or visiting in Newport Harbor, arriving by water or land, and registered or
unregistered under State or Federal requirements, except a seaplane on the
water.
a. Human Powered Vessel. The term "human powered vessel" shall mean a
vessel that is being propelled by the human body through the use of oars,
paddles, or the like and without the use of wind, a motor, or other machinery.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel
that is being propelled by the wind through the use of sails and without the
use of a motor or other machinery.
Section 3: Subsection 17.20.020(A) of Chapter 17.20 is hereby amended to
read as follows:
A. Speed Limit. No owner, operator or person in command of any vessel,
except a public officer or employee in the performance of his or her 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.
Section 4: Section 17.20.070 is added to Chapter 17.20 to read as follows:
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in
Code Chapter 17.01, or any successor chapter, that would allow individuals
operating a human powered vessel, wind powered vessel, or vessel
providing support services to a human or wind powered vessel as part of the
person's special event (e.g., race) or organized practice to exceed the speed
limit provided in Code Subsection 17.20.020(A), or any successor
subsection. Notwithstanding the foregoing, no person shall operate any
vessel in an unsafe, uncontrolled, or un -seamanlike manner, and in no event
at a speed that endangers the safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be
associated with a single event or multiple events; however, no permit shall
be valid for more than six (6) months from the date of issuance.
7-4
Ordinance No. 2018 -
Page 3 of 5
C. Permits issued under this section are non-transferrable and shall be
in addition to any license, permit or fee required under this Code or any
other provision of law.
D. The Harbormaster may impose conditions on a permit to protect
persons and property and to assure that the activity allowed under the
permit will not create a nuisance or interfere with the reasonable use of
Newport Harbor by other vessels or persons. At a minimum, every permit
issued under this section shall be conditioned to require permittees to: (1)
obtain, provide, and maintain at their own expense, for the full period of time
for which the permit is granted, policies of insurance with such limits and
coverage as established by the City Risk Manager that clearly identify the
activity and vessel(s) covered; (2) indemnify, defend and hold harmless the
City, County of Orange, and the State of California for all liability, injury or
damage that relates to or arises from permittee's event/activity; and (3)
otherwise comply with this Code, California Harbors and Navigation Code,
and the Federal Inland Navigation Rules.
E. Any permit issued under this section may be immediately revoked at
any time, without notice, by the Harbormaster, if: (1) the permittee fails to
comply with the conditions contained within the permit; (2) an individual
participating in the permittee's special event or organized practice operates
a vessel in an unsafe, uncontrolled, or un -seamanlike manner or at a speed
that endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful
instructions of the Harbormaster, or any other person authorized by the City
to enforce rules and regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be
appealed pursuant to Code Chapter 17.65, or any successor chapter.
Section 5: Section 17.65.010 of Chapter 17.65 is hereby amended to read as
follows:
17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from his or her
administration of this Code may be appealed to the Harbor Commission by
any interested person.
7-5
Ordinance No. 2018 -
Page 4 of 5
B. Decisions of the Harbormaster resulting from his or her administration
of this Code may be appealed to the Harbor Commission by any interested
person.
C. Decisions of the Harbor Commission may be appealed to the City
Council by any interested person.
D. A member of the Harbor Commission, acting in their official capacity,
may call for review, to the Harbor Commission, decisions resulting from the
Harbor Resources Manager or Harbormaster's administration of this Code.
The purpose of the call for review is to bring the matter in front of the entire
body for review.
E. A member of the City Council, acting in their official capacity, may call
for review, to the City Council, decisions of the Harbor Commission. The
purpose of the call for review is to bring the matter in front of the entire body
for review.
Section 6: Except as specifically amended in this ordinance, all other
sentences, paragraphs, subsections, sections, chapters, and titles of the NBMC shall
remain unchanged and in effect.
Section 7: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 8: 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 or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 9: 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
7-6
Ordinance No. 2018 -
Page 5 of 5
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
Section 10: 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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the day of , 2018, and adopted on the
day of , 2018, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHAL "DUFFY" DUFFIELD, MAYOR
APPROVED AS TO FORM:
THE Cl Orr
EY'S OFFICE j
1
AARON RP, CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
7-7
ATTACHMENT B
17.01.030 Definition of Terms.
H. Definitions: H.
4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Ore
GGWRty Shor� Harher Patm! aFine Op s Bureau Harbormaster of the City of
Newport Beach, or his or her designee, or suGGesser enti+.,
R. Definitions: V.
1. 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. This includes all vessels of
any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water
or land, and registered or unregistered under State or Federal requirements, except a
seaplane on the water.
a. Human Powered Vessel. The term "human powered vessel" shall mean a vessel
that is being propelled by the human body through the use of oars, paddles, or
the like and without the use of wind. a motor. or other machinerv.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that
is being propelled by the wind through the use of sails and without the use of a
motor or other machinery.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a public
officer or employee in the performance of his or her 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.
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01,
or any successor chapter, that would allow individuals operating a human powered vessel,
wind powered vessel, or vessel providing support services to a human or wind powered
vessel as part of the person's special event (e.q., race) or organized practice to exceed the
speed limit provided in Code Subsection 17.20.020(A), or any successor subsection.
Notwithstanding the foregoing, no person shall operate any vessel in an unsafe,
uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the
safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be associated with a
single event or multiple events; however, no permit shall be valid for more than six (6)
months from the date of issuance.
7-8
C. Permits issued under this section are non-transferrable and shall be in addition to
anv license. permit or fee reauired under this Code or anv other provision of law.
D. The Harbormaster may impose conditions on a permit to protect persons and
property and to assure that the activity allowed under the permit will not create a nuisance
or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a
minimum, every permit issued under this section shall be conditioned to require permittees
to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which
the permit is granted, policies of insurance with such limits and coverage as established by
the City Risk Manager that clearly identify the activity and vessel(s) covered; (2) indemnify,
defend and hold harmless the City, County of Orange, and the State of California for all
liability, injury or damage that relates to or arises from permittee's event/activity; and (3)
otherwise comDly with this Code. California Harbors and Naviaation Code. and the Federal
Inland Navigation Rules.
E. Any permit issued under this section may be immediately revoked at any time,
without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions
contained within the permit; (2) an individual participating in the permittee's special event or
organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner
or at a speed that endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful instructions of
the Harbormaster, or any other person authorized by the City to enforce rules and
regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be appealed pursuant to
Code Chapter 17.65, or any successor chapter.
17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from the Managhis or her
administration of this Code may be appealed to the Harbor Commission by any interested
person.
B. Decisions of the Harbormaster resultina from his or her administration of this Code may
be appealed to the Harbor Commission by any interested person.
13C. Decisions of the Harbor Commission may be appealed to the City Council by any
interested person.
SD. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions of the Harbor Rese FGeS Manager resulting
from the Harbor Resources Manager or Harbormaster's administration of this Code. The
purpose of the call for review is to bring the matter in front of the entire body for review.
7-9
DE. A member of the City Council, acting in their official capacity, may call for review, to
the City Council, decisions of the Harbor Commission. The purpose of the call for review is
to brina the matter in front of the entire bodv for review.
7-10
June 28, 2018
California State Parks
Division of Boating and Waterways
One Capital Mall, STE 500
Sacramento, CA 95814
To Whom It May Concern,
ATTACHMENT C
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 1 949 644-3308 FAX
newportbeachca.gov/HarborResources
Pursuant to California Harbors and Navigations Code, Section 660(a), I am enclosing for your
review a proposed revision to the Newport Beach Municipal Code pertaining to vessel speed in
Newport Harbor.
The City's Harbor Commission, Public Works and City Attorney's Office have carefully studied
this program, and we are confident the details and permit conditions herein adequately protect
the City while still providing a safe environment for the target audience and the general users of
Newport Harbor.
Please feel free to contact me if you have any additional questions
Respectfully,
Chris Miller
Harbor Resources Manager
cmiller(cD-newportbeachca.gov
(949) 644-3043
Enclosures: Proposed Newport Beach Municipal Code Amendments (Redline)
Proposed Newport Beach Municipal Code Amendments (Clean)
Attachment A
17.01.030 Definition of Terms.
H. Definitions: H.
4. Harbormaster. The term "Harbormaster" shall mean the Commander of the Orange
County Sher Harbor Patrol/Marine Operations Bureau Harbormaster of the City of
Newport Beach, or his or her designee, Or S, GGess„r entit
R. Definitions: V.
1. 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. This includes all vessels of
any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water
or land, and registered or unregistered under State or Federal requirements, except a
seaplane on the water.
a. Human Powered Vessel. The term "human Dowered vessel" shall mean a vessel
that is being propelled by the human body through the use of oars, paddles, or
the like and without the use of wind, a motor. or other machinerv.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that
is being propelled by the wind through the use of sails and without the use of a
motor or other machinery.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a public
officer or employee in the performance of his or her 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.
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01,
or any successor chapter, that would allow individuals operating a human powered vessel,
wind powered vessel, or vessel providing support services to a human or wind powered
vessel as part of the person's special event (e.g., race) or organized practice to exceed the
speed limit provided in Code Subsection 17.20.020(A), or any successor subsection.
Notwithstanding the foregoing, no person shall operate any vessel in an unsafe,
uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the
safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be associated with a
single event or multiple events; however, no permit shall be valid for more than six (6)
months from the date of issuance.
7-12
C. Permits issued under this section are non-transferrable and shall be in addition to
anv license. Dermit or fee reauired under this Code or anv other provision of law.
D. The Harbormaster may impose conditions on a permit to protect persons and
property and to assure that the activity allowed under the permit will not create a nuisance
or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a
minimum, every permit issued under this section shall be conditioned to require permittees
to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which
the permit is granted, policies of insurance with such limits and coverage as established by
the City Risk Manager that clearly identify the activity and vessels, covered; (2) indemnify,
defend and hold harmless the City, County of Orange, and the State of California for all
liability, injury or damage that relates to or arises from permittee's event/activity; and (3)
comDly with this Code. California Harbors and Naviaation Code. and the Federal Inland
Navigation Rules.
E. Any permit issued under this section may be immediately revoked at any time,
without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions
contained within the permit; (2) an individual participating in the permittee's special event or
organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner
or at a speed that endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful instructions of
the Harbormaster, or any other person authorized by the City to enforce rules and
regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be appealed pursuant to
Code Chapter 17.65, or any successor chapter.
17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from the Manag ,his or her
administration of this Code may be appealed to the Harbor Commission by any interested
person.
B. Decisions of the Harbormaster resultina from his or her administration of this Code may
be appealed to the Harbor Commission by any interested person.
BC. Decisions of the Harbor Commission may be appealed to the City Council by any
interested person.
SD. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting
from the Harbor Resources Manager or Harbormaster's administration of this Code. The
purpose of the call for review is to bring the matter in front of the entire body for review.
7-13
DE. A member of the City Council, acting in their official capacity, may call for review, to
the City Council, decisions of the Harbor Commission. The purpose of the call for review is
to brina the matter in front of the entire bodv for review.
7-14
Attachment B
17.01.030 Definition of Terms.
H. Definitions: H.
4. Harbormaster. The term "Harbormaster" shall mean the Harbormaster of the City of
Newport Beach, or his or her designee.
R. Definitions: V.
1. 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. This includes all vessels of
any size home -ported, launched/retrieved, or visiting in Newport Harbor, arriving by water
or land, and registered or unregistered under State or Federal requirements, except a
seaplane on the water.
a. Human Powered Vessel. The term "human powered vessel" shall mean a vessel
that is being propelled by the human body through the use of oars, paddles, or
the like and without the use of wind, a motor, or other machinery.
b. Wind Powered Vessel. The term "wind powered vessel" shall mean a vessel that
is being propelled by the wind through the use of sails and without the use of a
motor or other machinery.
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a public
officer or employee in the performance of his or her 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.
17.20.070 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Code Chapter 17.01,
or any successor chapter, that would allow individuals operating a human powered vessel,
wind powered vessel, or vessel providing support services to a human or wind powered
vessel as part of the person's special event (e.g., race) or organized practice to exceed the
speed limit provided in Code Subsection 17.20.020(A), or any successor subsection.
Notwithstanding the foregoing, no person shall operate any vessel in an unsafe,
uncontrolled, or un -seamanlike manner, and in no event at a speed that endangers the
safety of persons or property.
B. The Harbormaster has discretion to determine if a permit shall be associated with a
single event or multiple events; however, no permit shall be valid for more than six (6)
months from the date of issuance.
7-15
C. Permits issued under this section are non-transferrable and shall be in addition to
any license, permit or fee required under this Code or any other provision of law.
D. The Harbormaster may impose conditions on a permit to protect persons and
property and to assure that the activity allowed under the permit will not create a nuisance
or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a
minimum, every permit issued under this section shall be conditioned to require permittees
to: (1) obtain, provide, and maintain at their own expense, for the full period of time for which
the permit is granted, policies of insurance with such limits and coverage as established by
the City Risk Manager that clearly identify the activity and vessel(s) covered; (2) indemnify,
defend and hold harmless the City, County of Orange, and the State of California for all
liability, injury or damage that relates to or arises from permittee's event/activity; and (3)
comply with this Code, California Harbors and Navigation Code, and the Federal Inland
Navigation Rules.
E. Any permit issued under this section may be immediately revoked at any time,
without notice, by the Harbormaster, if: (1) the permittee fails to comply with the conditions
contained within the permit; (2) an individual participating in the permittee's special event or
organized practice operates a vessel in an unsafe, uncontrolled, or un -seamanlike manner
or at a speed that endangers persons or property; or (3) an individual participating in the
permittee's special event or organized practice fails to comply with the lawful instructions of
the Harbormaster, or any other person authorized by the City to enforce rules and
regulations within Newport Harbor.
F. Any decision of the Harbormaster under this section may be appealed pursuant to
Code Chapter 17.65, or any successor chapter.
17.65.010 Authorization.
A. Decisions of the Harbor Resources Manager resulting from his or her administration of
this Code may be appealed to the Harbor Commission by any interested person.
B. Decisions of the Harbormaster resulting from his or her administration of this Code may
be appealed to the Harbor Commission by any interested person.
C. Decisions of the Harbor Commission may be appealed to the City Council by any
interested person.
D. A member of the Harbor Commission, acting in their official capacity, may call for
review, to the Harbor Commission, decisions of the Harbor Resources Manager resulting
from the Harbor Resources Manager or Harbormaster's administration of this Code. The
purpose of the call for review is to bring the matter in front of the entire body for review.
E. A member of the City Council, acting in their official capacity, may call for review, to the
City Council, decisions of the Harbor Commission. The purpose of the call for review is to
bring the matter in front of the entire body for review.
7-16
ATTACHMENT D
Harbors and Navigation Code — HNC, Division 3. Vessels (650-774.4)
660.
(a) Any ordinance, law, regulation, or rule relating to vessels, which is adopted
pursuant to provisions of law other than this chapter by any entity other than the
department, including, but not limited to, any county, city, port authority, district,
or any state agency other than the department, shall, notwithstanding any other
provision of law, pertain only to time -of -day restrictions, speed zones, special -use
areas, and sanitation and pollution control, and the measure shall not conflict with
this chapter or the regulations adopted by the department. Except as provided in
subdivision (c), any measure relating to boats or vessels adopted by any
governmental entity other than the department shall be submitted to the
department prior to adoption and at least 30 days prior to the effective date
thereof.
(b) The department may make special rules and regulations governing the use of
boats or vessels on any body of water within the territorial limits of two or more
counties, cities, or other political subdivisions if no special rules or regulations exist
or if the department determines that the local laws regulating the use of boats or
vessels on that body of water are not uniform and that uniformity is practicable and
necessary.
(c) (1) Any entity, including, but not limited to, any county, city, port authority,
district, or state agency, otherwise authorized by law to adopt measures governing
the use and equipment, and matters relating thereto, of boats or vessels, may
adopt emergency rules and regulations that are not in conflict with the general laws
of the state relating to boats and vessels using any waters within the jurisdiction of
the entity if those emergency rules and regulations are required to ensure the
safety of persons and property because of disaster or other public calamity.
(2) The emergency rules and regulations adopted under paragraph (1) shall
become effective immediately upon adoption and may remain in effect for not to
exceed 60 days thereafter. The emergency rules and regulations shall be submitted
to the department on or before their adoption.
(3) After submission of emergency rules and regulations adopted pursuant to
paragraph (1) to the department, the department may authorize the adopting
entity to make the emergency rules and regulations effective for the period of time
greater than 60 days that is necessary in view of the disaster or circumstances.
(Amended by Stats. 2004, Ch. 501, Sec. 1. Effective January 1, 2005.)
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