HomeMy WebLinkAbout391 - Moorings and Newport HarborORDINANCE NO. 391
\N ORDINANCE OF THE CITY
OF NEWPORT BEACH,
- - --
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AMENDING ORDINANCE NO.
SECTION 2. Ordinahce No. l8o
of the mooring.
180 OF THE CITY OF NEW-
of the City of Newport Beach is,.
(c) Mooring buoys shall be
PORT BEACH, BY AMEND-
hereby amended by adding new',
so constructed that some por-
ING SECTION 26 THEREOF,
sections thereto to be known 88
tion thereof shall extend out
AND ADDING NEW SEC-
Section 1%, Section 27 -a, Section
the water for least five
of st
TIONS TO BE KNOWN AS,
27 -b, Section 27 -c, Section 27 -d, 1,
es
I n ches, at all times.
(shall
SECTION 14, SECTION 27 -a
Section 27 -e, Section 27 -f, Section
(d) There be painted
SECTION 27 -b, SECTION 27 -C,
27 -g, Section 27 -h, Section 27 -1,1
on the buoy and be legible at
SECTION 27 -d, SECTION 27 -e,
Section 27 -j, Section 27 -k, Section
all times, the number allncst.
SECTION 27 -f, SECTION 27 -g,
24 -1, and Section 27 -m, to read
ed to the mooring by the Har-
SECTION 27 -h, SECTION 27.1,
m follows:
bor Master of the City of
SECTION 27 -J, SECTION 27 -k.
SECTION 1%. The word,
Newport Beach, and the Har-
$ECTION 27 -I, and SECTION
•mooring' as used in this ordin -I
bor Master has in this connec-
27•m. ! ance is any weight, chain, rope, i
tion the right and duty of al-
- float, structure, and /or appliance!„
locating a number to each
i used by a vessel for anchoring
mooring in said Newport
The City Council of the City of I purposes, and which is not carried
Harbor.
Newport Beach do ordain as fol -' nerd such vessel as regular
(e) Painters, chains and
lows, to -wit:
equipment when under way.
fastenings on ,buoys shall be r.l
SECTION I. Section 26 of Or-
SECTION 27 -a. It shall be un-
I kept in good and servi0eable •I
Nuance No. 180 of the City of
lawful to place, erect or construct
condition at all times and
,port Beach is hereby amend-
moorings in the waters under the;,
shall >>9 so arranged that
ed to read as followdi
jurisdiction of the City of Newport t
when dropped they will Inn -
"Section M. All stray vessels,
Beach before a permit shall have
mediately sink.
timber or other ' articles found
been issued by the Harbor Mae -
SECTION 27.d. No permit
within Newport Harbor, not in the
ter of the City of Newport Beach.
I
shall -be issued by the Harbor Mas -
lawful possession or control of
SECTION 27 -b. It shall be un-
ter for a mooring until plans and
Home person, shall be immediately
lawful to moor or anchor a vessel
specifications for said mooring
alelivered up to the Harbor Mas-
I` in Newport Harbor within the
have been submitted to him, by
ter and in whose custody they',
jurisdiction of the City of New-
the applicant, showing the con -
shall remain until claimed by the!
port Beach, until such anchorage
struction of said proposed moor -
proper owners, Who shall pay all or mooring place shall have been
tag, together with the location,. I
expenses incurred by the Harbor first approved by the Harbor Mas -
and said plans and apex
Master in connection therewith,
ter of the City of Newport Beach.
ifica io
ifications, and location shall have !
Including a charge for keeping and
and
SECTION 27 -c. ZL shall be un-
been ftrst approved by the Her -
storing the same, and and if
to erect or construct any
bor Master. j
pessels, timbers or other articles
mooring unless the same shall
8RCTION 27 -e: Any permit is-
are not claimed within sixty days,
substantially conform to the fol-
sued by the Harbor Master shall
'and the charges paid as herein
ilowing specifications:
provide 'in effect that said per -'
provided for, the Harbor Master!
(a) All moorings shall be of
mit shall be cancelled at any time
way proceed to sell said property',
metal or concrete and metal, �
by giving at least ten (10) days
not less than 60% metal
by the Harbor Master upon giv-
previous notice of said sale by ad -, to 40% concrete.
tug a five days written notice to
vertising by one (1) insertion in
(b) All chains and fasten-
!,
the occupant, of said canceller -�
tion, and upon said permit being
Newport News, a weekly news -'I
ings shall be of sufficient size
cancelled, it shall be the duty of
paper printed and published in the;
to stand a b.-aking strain of
the occupant of said mooring to
City of Newport Beach. Said no -' at least six times the weight
immediately remove the same, and
tice to describe the property
Jbrlefly and to give the place, hour
send day of sale.
140
if he $-hall fail, neglect- or refuse
to remove the same, said mooring
SECTION 27-i. It shall be un=
oY competent urisdiction.
j
:may be removed by the Harbw
lawful for any person to obstruct
SECTION 3. Any person, nat-
Master and the costs thereof shall
the free and easy access to and
ural or artificial, who shall do
be paid by the occupant of said
departure from any portion of any
any act or aid or abet in the do-
mooring place, and the same may
public landing, pier or wharf at
ing of any act by another person,
1 be Collected in any court of
any time
natural or artificial, shall be de-
petent permit
Said permit
SECTION 27 -j. It shall be un-
clared unlawful by this ordinance,
shall further provide in effect that
ether tuft
lawful for automobiles, or other
or who shall fail to do, at the time
the Harbor Master may In his dis-
vehicles to eater upon a public.
and in the manner in this ordin -�
cretion permit vessels to use an
wharf, pier or landing except to
ance specified, anything therein re -;
unoccupied mooring for guest
discharge or load freight or pass-
quired of him to be' done, or shall]
vessels. Said permit shall further
en era, and ft shall be unlawful
I� g
violate an of the
Y provisions of i
provide that any mooring not
for any such vehicle remain
landing,
this ordinance, shall be daemon
deemed
used b the owner, for
y period
upon any such , pier or
guilty of a misdemeanor, and upon
time greater than three (3)°
wharf except while actual] di
P Y
conviction
conviction thereof shall be pun -
months, may be removed by the�l
charging or loading, and it shall
ished by, a fine not exceeding
Harbor Master.
be unlawful at all times to leave
Three Hundred Dollars ($900.00)
SECTION 27 -f. It shall be un-
any materials of any description.
or by imprisonment not exceeding
lawful for anyone to use a moor-
or kind upon or on any pier, wharf
ninety (90) days, or by both such
ing except by permission of the
I or landing. Vehicles ready to load
fine and imprisonment.
Harbor Master. .shall
have preference over those
SECTION 4. This ordinance
SECTION 27 -g. Any person
ready to disCharge, and no vehicle
I
shall be published once in New -
who drives or operates any vessel
shall block the approach to such ;port
I
News, a newspaper of gen-
upon the waters of
landings or prevent the free and
eral circulation printed, publish.
Harbor within the jurisdiction of
eaky access thereto. :
ed and circulated in the city of
I'.
the City of Newport Beach in so
SECTION 27 -k. It shall be un- J
Newport Beach, and shall take ef-
reckless a manner as to indicate
lawful for any person to wilfully
feet and be in force thirty days
either a willful or a wanton dis-
or carelessly destroy, damage, dis-
after its passage,
regard for the safety of persona
turb, deface or interfere with any
The foregoing Ordinance No.
or property, shall be guilty of
buoy, float, life preserver, sign, �;
391 was Passed at a regular meet -
reckless driving and upon convic.
notice or any other municipal
Ing of the City Council of they
tion shall be punished by tmpris-
property whatsoever under the
City of Newport Beach held on'
onment in the City Jail of the City';
jurisdiction of the City of New-
the 10th day of February, 1981,'
of Newport Beach or in the Coun -'
port Beach.
and on said day was signed and
ty Jail of Orange County, for ,a
SECTION 27 -L Every person 1.
approved by the Mayor of said
period of not less than , five (5).
and every vessel responsible for
City Council, and was passed by
days or more than thirty (3W
any damage to any municipal)
the following vote, to-wit:
days, or by a fine of not less than
property of any kind or character
Ayes, Councilmen: HILMER,
$25.00, or more than $250.00, or
under the jurisdiction of the City
CLAIRE, ELLSWORTH, GAR -
by both such fine and Imprison-
of Newport Beach shall be held .FIELDo
JOHNSON.
ment.
liable for and charged with the
Noes, Councilmen: NONE.
SECTION 27 -h. It shall be qn-
costs and expenses of replacement
Absent, Councilmen: NONE.
lawful to drive stakes, poles, piles;
! or repair of the property so dam-
Signed and approved by me'
,up- rights, irons or sticks into the'
aged or destroyed. The expense of
this 18th day of February, 1931.
lands underneath the navigable,
I repairing such damage will be
MARCUS J. JOHNSON,
• waters of Newport Harbor,,
charged against the person or
Mayor of the City of
whether said lands are privately
(vessel responsible therefor and
Newport Beach.;
or publicly owned. It is further
I the same may be collected n any
i
Attest: ALFRED SMITH,
declared unlawful to place, erect
eourt of competent jurisdiction.
City Clerk or the City
or construct piers, wharfs or
I SECTION 27 -m. It shall be un-
of Newport Beach.
structures, or other obstructions in
lawful to allow vessels, boats, ma-
said waters of Newport Harbor,
I tertals, garbage, refuse, timber or
whether the lands ars publicly or
I waste matter of any description
privately owned. without a permit
to remain on or upon the shore
so to do from the City Council of
lines of the Pacific Ocean or on
i the City of Newport Beach, which
the shore lines of Newport Har-
'permit shall not be granted by
her, within the jurisdiction of the
said City Council, except in ac-
City of Newport Beach, and any
cordance with the rules and regu-
person, firm or corporation violat-
lations of said City . concerning the
ing this provisions shall be sub -
placing of said piers, wharf$,
ject to the penalty provided for
structures or obstructions as they
hereafter in this ordinance, and
shall exist at the present time, and
in addition thereto, the Harbor
no permit shall be issued except
Master may remove the same with
that the Party applying therefor
or without notice, at his option,
shall Wee to comply with all the
and the expense of removing the
rules and regulations of the City
same shall be on the party liable
! Council, whether written or not, -
therefor, and any cost of remov-
�as they shall exist at the present
ing the same may be recovered by
time, or such other or further
the City of Newport Beach
rules or regulations, whether writ-
against any guilty party, in any
ten or otherwise, as the City
'Council of said city may from
time to time formulate, It Is fur.
„aer ueclared unlawful for Any
,one to place floats, rafts or any
obstruction of whatsoever nature,
description or kind, in the waters
under the jurisdiction of the City
of Newport Beach, without obtain -
fag a permit so to do from the
City Council as provided for la
,this section. -- -
I, Alfred Smith, Clerk of the City of Newport Beach, do
hereby certify that the foregoing Ordinance No. 391 is a true and
correct copy of an Ordinance passed by the City Council.at a regula:
meeting held on the 16th- day,6f'Yebrt}ary, 1931, and that same was
printed and published according to law. Q
Citv fb erk of Newoort Beach