HomeMy WebLinkAbout543 - Harbor MasterAL
(0110 ANCE NO. 543
"The City of Newport Beach, by
and through its City Council, does
ordain as follows:
Section 1: GENERAL. 'PR(D-
VISIONS:
'(a) Whenever a I<;wcr is grant -
,ed to, or a duty is imposed upon,
the Harbor Master, the power may
be exercised or the duty may be
1performed by a deputy, or assist-
ant of the Harbor Master, or by
a person authorized, pursuant 'to
law, by- the City Council, unless
'this ordniance expressly provides
(otherwise.
(b) "Person" means any person,
tfi r m, association, organization,
partnership, business trust, cor-
poration or company.
(c) "Vessel" includes ships of
all kinds, steamboats, steamships,
Tanal boats,'bargcs, sailing vessels,
and every structure adapted to be
xiavigated from place to place for
the transportation of merchandise
ter persons.
(d) "Float" includes w h a r f,
pier, quay, or landing.
(e) Whenever the word "City"
shall be used in this ordinance,
the same shall be construed to
mean, and shall mean, the City of
Newport Beach.
(`P) Whenever the word "City
Council" shall be used in this or-
dmance, the same shall be con-
strued to mean, and shall mean,
the City Council of the City of
Newport Beach.
(g) -Shall" and "May": -Shall"
is mandatory; "may" is permis-
sion.
(h) "Newport Harbor" means
all that portion of the navigable
water commonly known as New-
port Bay, which exists within the
exterior boundaries of the City of
Newport Beach.
(1) "Anchorage Area" means
that portion of any channel which
has been designated by the City
Council or a Federal agency.
(J) "Mooring" m en n s any
weight, chain, rope, float, struc-
ture, and /or appliances used by a
vessel for anchoring purposes and
which is not carried aboard such
vessel as regular equipment when
under way.
(k) "Turning Basin" m e a n s
that portion of any channel which
has been designated by the City
Council or Federal Agency for the
purpose of permitting vessels to
turn around or their course or di-
rection altered therein.
(1) All words used in the singu-
lar shall include the plural, and
the plural shall include the singu-
lar; each gender shall include all
others; any tense shall include all
tenses.
(m) Wherever in this ordinance
air, act or omission is made un-
lawful, it shall include causing,
permitting, aiding or abetting
such act or omission.
Section 2: All channels, turn-
ing basins, and anchorage areas in
Newport Harbor shall be estab-
lished by the City Council from
time to time, and said channels,
turning basins and anchorage
areas are shown on a map on file
in the Harbor Master's office at
all times.
Section 3: HARBOR MASTER.
The City Council shall appoint a
Harbor Master, who shall hold of-
fice at the pleasure of the Council
and shall give such security for
the faithful performance of his
duty and receive such compensa-
tion as the City Council may from
time to time designate.
The Harbor Master, acting un-
der the orders and jurisdiction of
the City Council, shall have full
authority in the interpretation and
enforcement of all regulafiotts -af-
fecting the harbor, and all orders
and instructions given by him ih
the performance of his duties shall
have the same force as if issued
by the City Council.
To enable the Harbor Master
to keep an accurate record of the
number, size and kind of vessels
using the harbor, the amount, kind
and value of water -borne freight
handled, and the number of pas-
sengers carried, the masters and
pursers of all vessels using the
harbor or wharves are hereby re-
quired to furnish him with the
information referred to above, and,
if so requested, to allow him to
examine their papers, including
their manifests.
Section 4: DUTIES OF THE
HARBOR MASTER, NEWPORT
HARBOR:
(a) To carry out the orders of
the City Council an] to enforce all
harbor regulations and ordinances.
(b) To designate the areas with-
in which vessels of different sizes
and classes shall be anchored or
moored.
(c) To assign anchorage or
moorings to vessels within such
designated areas.
(d) To assign berths or landing
places to vessels coming alongside
of wharves and piers.
'(e) To order any vessel improp-
erly anchored, moored or berthed
to change its position to such a
one as he may designate, and, in
case his orders are not complied
with, to cause such vessel to be so
moved, and to collect the cost
thereof from said vessel, or owner
thereof.
(f) To promptly report to the
City Council any violation of the
laws of the United States for the
protection of navigation and the
preservation of navigable waters;
particularly any encroachment on
the waterway by the building of
illegal structures, illegal filling or
dumping of material of any sort
into the waterway, or throwing
overboard or setting adrift or al-
lowing to set adrift anything that
is or might become obstructive or
dangerous to navigation.
(g) To keep a record of the
number, size and kind of vessels
using the harbor; the amount,
kind and value of waterborne
freight handled and the number
of passengers carried by the ves-
sels using the harbor, and to re-
port each month a summary of
such record to the City Council.
Section 5: SPEED REGULA-
TIONS.
(a) Rate of Speed:
It shall be unlawful for any
owner, operator or person in com-
mand of any vessel propelled by
naptha, gasoline or other motive
power to operate same or permit
the same to be operated in any
per tion of Newport Harbor at a
rate of speed in excess of five (5)
nautical miles per hour.
The City Council may, when it
deems the occasion warrants,
grant a special permit to hold a
boat race, in the course of which,
unmuffled engines may be used by
the contestants upon the waters of
Newport Father along and over
certain courses situated 'in 'fh't
waters of raid harbor; and provid-
ed further that such special per-
mit of said City Council shall be
for a period of time not exceeding
l.en (10) days in all of any calen-
dar year hereafter, and shall not
exceed eight (8) hours of any cal=
endar &, the entire period of
time for v,hich such special permit
is granted to fall between the
hems of cigh o'clock A. M. and
five O'clock P. M.
Sc,-f�nn f: GENERAL REGU-
LA'I'IONS.
(a) Reckless Driving:
It Shall be unlawful for any per-
son: to drive or operate a vessel
upon the waters of Newport Har-
hor in so reckless a manner as to
indicate either a willful or wanton
disregard for the safety of persons
or property.
(b) It shall be unlawful for any
person to operate any vessel upon
the waters of Newport Harbor
within the jurisdiction of the City
of Newport Beach while under the
influence of intoxicating liquor.
(c) It is hereby prchibited and
declared a violation of this Ordin-
ance for any person or persons to
operate, or cause to be operated,
at and within Newport Harbor,
'except as provided in Section 5,
paragraph 2, any internal core-
bu^tion engine or other mechani-
cal - device. the driving force of
which is derived from the explo-
sion of alcohol, petroleum prod-
ucts or other substances, without
first placing over the exhaust or
eahausis of such internal combus-
tion engine or mechanical device,
a muffler, so constructed as to
deaden the sound of the explosion
thereof. '
(d) It shall be unlawful for aily
Person to wilfully or carelessly
destroy, damage, disturb, defate
or interfere with any buoy, float,
life preserver sign, notice or any
other municipal property whatso-
ever under the jurisdiction of the
City of Newport Beach.
(e) It shall be unlawful for any
vessel to be, at any time, within
Newport Harbor, whether in or
out of tl�.e water, without having
painted on the bows thereof the
numbers assigned to said vessel
by the Harbor Master. This ex-
cepts all vessels required by law
to carry a Customs House num-
ber, or documented vessels, which
shall at all times carry the num-
bers or other identification as re-
quired by the United States De-
partment of Commerce.
(f) All stray vessels, skiffs, row-
boats, dinghys, timber or other
articles found within Newport
Harbor not in the lawful posses-
sion or control of some person,
shall be immediately delivered up
to the Harbor Master and in
whose custody they shall remain
until claimed by the proper own-
ers, who shall pay all expenses in-
curred by the Harbor Master, in
connection therewith, including a
charge for keeping and storing the
same, and if said vessels, timbers
or other articles are not claimed
within sixty days and the charges
paid as herein provided for, the
Harbor Master may proceed to
sell said property and the pro-
ceeds of such sale shall be paid
into the treasury of the City of
Newport Beach.
(g) It shall be unlawful to
laanch or remove -rom the waters
of Newport Harbor any vessel
0
beer any s ^a wall, side',valk. street
end, public or private property
within Newport I- Iarbor, excepting
at such locations rnnkh � a regular
business of launching and hauling
Vessels and having the necessary
equipment to do such work, with-
out first obtaiaing permission of
the Harbor Master.
Sectlon 7: ANCHORAGE AND
A'JOORING AREAS.
(a) Lights.
All vessels anchoring or mooring
in Newport Harbor shall. between
sunset anC sunrise. conform to the
rules and reguiations of the Unit-
ed States Departmccnt of Cor.i -
merce regarding anchor lights in
inland waters of the Unilod Staics
as set forth in the Navigation
Laws of the United States.
(b) Location.
It shall be unlawful for the
Master or any other person hav-
ing charge of any vessel to moor
or anchor the same in, Newport
Harbor except within the areas
and at the place o- places desig-
nated by the Harbor Master. Any
Vessel which is iroored or anchor-
ed in Newport Harbor at a place
not designated for such vessel by
the Harbor Master shall. upon the
demand of the Harbor Master. be
forthwith moved to the place or
places designates therefor. In the
designation of areas and the place
or places for the mooring nor
anchoring of vessels. the Harbor
M.9stor shall be governed by the
needs of commerce. the utilization
of turning basins for the turning
Of vessels. the use of channels for
the rnovinv and navigation of ves-
sels end the economy of space. No
vessels shall be moored or anchor-
ed in any part of any turning
basin or channel unless the same
rhall be securely moored. both
fore and aft. Every vessel moored
o- an -hosed in any part of New-
port Harbor outside of any turn-
ing basin or channel shall be so
moored or anchored as to prevent
such vessel from wringing or drift -
ing into any turning basin or
charnel or any part thereof.
(r) If any vessel arriving and
anchoring or being moored or fast-
ened to any wharf or other vessel
in Newport Harbor shall be so
moored or placed as to be unsafe
or dangerous to any other vessel
previously lying at anchor in said
Harbor. or moored or fastened as
.aforesaid, the Harbor Master is
hereby authorized and directed
forthwith to order and direct the
position of said vessel to be chang-
ed in such manner as to obviate
such insecurity or danger. and the
Master or other person having
charge of such vessel shall forth-
with cause the nozition of such
vessel to be changed as directed
by the Harbor Master. and upon
the failure or refusal of such Mas-
ter or other person in charge of
such vessel to change the position
of said vessel, as directed by the
Harbor Master. it shall be the
duty of the Harbor Master to
forthwith board such vessel with
such assistance as may be neces-
sary and change the position of
such vessel as had previously been
directed by him, and the expense
of changinr, the noxition of such
vessel or of arranging the rigging
thereon may be recccered from
the Master or ov ;nrr of such ves-
sel by a snit in the name of the
City of Newport Beach in any
Court of competent jurisdiction.
(d) Making fast to moored ves-
sels.
It shall he umaw'el to make
fast or tie any vessrl to r. r,00ring
occupied by another vessel, or to
make fast or tic to a -sscl al-
ready occupying a mooring. Ex-
cept row boats Ord yacbt tenders
regularly used by, vessels for
transportation of nerrons o- prop-
erty to or from shore may be tied
to any such mooring or vc sscl.
(e) it shall be unie.v:ful to tie
up or anchor a vessel in Newport
Harbor in such a m ^nn ^r to pre-
vent or obstruct the nassage of
other vessels 6Y to voluiiterily or
carelessly sink or cevsc to bo sunk
any vessel in any channel or to
float loose timbers, logs or piles
in any channel. in such a manner
as to obstruct. impede o'r injure
navigation. and whenever a ves-
sel is wrecked or sank in Newport
Harbor. accidentally or otherwise.
it shall be the duty of the owner
thereof to immediately mark it by
a buov during the day an3 by a
lighted lantrrn at night. .and to
maintain such markings until the
'sunken vessel or obstruction is re-
moved. and the neglect or. failure
of such owner to do so. shall be
unlawful. The owner thereof shall
immediately commerce the re-
moval of said obstruction and to
.prosecute the removal diligently
to completion and any failure to
do so shall constitute an abandon-
ment of such vessel. Whenever the
navigation of any navigable water
within the corporate limits of the
City of Newport Beach shall be
obsructed or endangered by any
vessel or other obstruction. which
obstruction or danger has existed
for a period longer than ten (10)
days, or whenever the abandon-
ment of a vessel or other obstruc-
tion can be legally established in
a less space of time. the vessel or
other obstruction shall be subject
to be removed. sold or otherwise
disposed of by the City of Newport
Beach at its discretion without
liability for any damage to the
owners of the same.
Section 8. MOORING PER-
MITS.
(a) It shall be unlawful to
place. erect. or construct moorings
in the waters of Newport Harbor
before a permit shall have been
issued by the Harbor Master.
(b) No permit shall be issued
by the Harbor Master for a moor-
ing until plans and specifications
for said mooring have been sub-
mitted to him. by the applicant,
showing the construction of said
proposed mooring. together with
the location thereof. and said
plans and specifications, and loca-
tion shall have been first approved
by the Harbor Master.
(e) Any permit issued by the
Harbor Master shall provide in
effect that said permit may be
cancelled at any time by the Har-
bor Master upon giving a five
days' written notice to the occu-
pant. of said cancellation, and
upon said permit being cancelled.
it shall be the duty of the owner
of said mooring to immediately re-
move the same. and if he shall
fail. neglect or refuse to remove
the same. within 30 days. said
mooring may be, removed by the
Harbor Master and the costs
thereof shall be paid by the oc-
cupant of said mooring place. and
the same may be collected in any
court of competent jurisdiction.
", _.
Said penri` gball further providd
in effect that the Ilarbor Master
may in hi; cl'scretion permit ves-
sels to use ac ieccupied mooring
for guest vessels. Said permit shall
further provide that any mooring
not used by the owner for a per -
icd of time greelrr threi three (3)
consecutive months shall become
the prcperty of the City of New-
port Beach, unless such time has
been extended by the Harbor Mas-
tcr in writing. pro': ided that any
lnooring not used by the owner for
sl,: (6) consecatiec months shall
autometically bemire the prop•
crty of the City of Newport Beach.
to be removal or soid by the Har-
bor Mastc.r. and if sold by the
Harbor Master. all proceeds of
such sale are to be paid into the
tr.asu^✓ of lice City of Newport
Beach.
(d) The owner of every vessel
in Newport Harbor having moor-
ings shall ray to the City of New-
port Beach an initial permit fee
of twenty cents per lineal foot of
overall length of vessel. payable
upon issuance of permit. and
thereafter shall pay the City of
Newport Beach a yearly inspec-
tion fee or tivcniy cents per lineal
foot of overall length of vessel.
said inspection fee, to be paid
December first of each year.
(e) The said permit shall fur-
ther provide that when the owner
is in arrears for a period of thirty
(30) days. the City may. at its
option, take over such moorings
and convert it to its own uses. and
that. further. when such owner
has been in arrears for a period of
six (6) months or more. title to
said mooring shall revert to the
City of Newport Beach. provided,
however. that any time within
said period of six (6) months. the
owner s.vill have the privilege of
redeem'ng such mooring by pay-
ing the total accrued charges.
(f) Any applicant for a permit
shall agrer with the City of New-
port Beach that the be' or vessel
to be anchored or mooted to said
mooring shall be assessed in the
City of Newport Beach, and that
such arct',!ant shall pay all taxes
on said beat to the City of New-
port Beach during the time that
said mooring shall be maintained
by him in Newport Harbor.
(g) Any permit issued under
the terms of this or3inance shall
substantially contain the pro-
visions of paragraphs "c" to "g"
inclusive of Section 3 Of this ordin-
ance. and any permit shall be per-
sonally signed by the applicant.
(h) It shall be unlawful for any-
one to use a mooring except by
Permission of the Harbor Master.
(1) Tra:rfer of ownership of
moorings will be permitted upon
payment of One Dollar ($1.00)
transfer fee and presentation of
a bona fide bill of sale to the
Harbor Master. and then only
when the new owner of said moor -
ing is the actual owner of a ves-
sel the same size and type and
occupation as the vessel for which
the mooring was installed.
Section 9. MOORING SPECI-
FICATIONS.
It shall be unlawful to erect or
construe!: any mooring in Newport
Harbor unless the same shall sub -
stantially conform to the follow-
ing specifications:
(a) All moorings shall be of
metal.
(h) Buoys shall be constructCd
0
•
bf metal and shall be "6 con
&tructed that some portion thereof
shall extend out of the water a
least ten inches, at all times.
(c) All chains and fastening
shall be of sufficient size to stan
a brea : :mg strain of at least six
times the weight of the modring.
(d) Mooring buoys shall be
painted white or ah:mitatm in
color above the water and there
shall be painted on said buoy and
be legible at all times, the number
allocated to the moorings by the
Harbor Master of the City of New-
port Beach, and the Harbor
Master has, in this connection, the
right and duty of allocating a
number to each Mooring in New-
port Harbor.
(e) All moorings shall be kept
in good and serviceable condi-
tion at all times. Painters, chains,
Pasteniggs, on buoys shall be so
arranged that when dropped they
will immediately sink. It shall be
permissible to connect two paint-
ers with line having.floats attach-
ed thereto to keep said line afloat
at all times when vessel is off
mooring.
(f) All boats and vessels using
Moorings in Newport Harbor in
the City of Newport Beach shall
be firmly anchored 'from bow and
stern in such a manner as to pre-
vent said boats from swinging,
turning and drifting, except in ex-
posed areas designated by the City
Council as single mooring areas
for the better protection of ves-
sels moored in those areas.
The following specifications
cover moorings for one end only:
Length Weight of Size of Chain
of Boat Mooring Bottom Top
20 feet
25 feet
30 feet
35 feet
40 feet
45 inch
50 feet
55 feet
60 feet
65 feet
70 feet
75 feet
500 lb
650 lb
750 lb
1000 lb
1500 lb
2000 lb
2000 lb.
2500 lb.
3000 lb.
3000 lb.
3500 lb.
3500 lb.
1/z inch % inch
1/6 inch % inch
1/ inch % inch
pia inch '/s inch
% inch % inch
% inch 1/z inch
?i inch % inch
inch 1/g inch
�i inch 1/z inch
1 inch I'. inch
finch % inch
_ 1 inch spy inch
Top and bottom chain to be
shackled together to form one con-
tinuous length.
Length of mooring chains to be
determined by the Harbor Master,
he being governed by the depth of
water in various mooring areas of
Newport Harbor.
(g) It shall be the duty of the
Harbor Master to require that
moorings be lifted by the owner
for inspection and replaced in
good condition when he deems
necessary so to do, and the Har-
bor Master shall require all moor-
ings to be lifted by the owner for
inspection at least once in every
two years.
(h) It shall be unlawful to moor
or tic any vessel having mechani-
cal power, or any non -power ves-
sel of over 1.7 lineal feet of over-
all length, landward of the pier
head line established by the
United States Government, nor
shall said boats be tied or moor-
ed to the shore line where the
beach and water adjacent thereto
are customarily used for swim-
ming, except at such locations as
may be designated by the Harbor
Master for that purpose.
5ectlon 10. MAKING FAST TO
DOCKS AND SLIPS.
(a) Consent of Owner to Dock.
It shall be unlawful for th
Master, or any person having
t charge of any vessel, to make th
same fast to the front of an
s wharf, pier, or doe:; in Newport
d IIarbor ivitho`ut the consent of th
owner, agent, or r; anon in charge
of any such wharf. pier, or dock.
It shall be unlawful to make
fast any vessel to any other ves-
sel already occupying the front of
any float, pier or dock, either
public or priva'c without first ob-
taihmg permission of the Harbor
Master.
It shall be unlawful for the
Master. or any person having
charge of any vessel. to permit the
same to remain fastened to any
wharf, pier or dock in Newport
harbor, or to be or remain moor-
ed immediately in front thereof
after such vessel has finished its
business of loading or unloading at
s�eh wharf. pier or doc'.k,,vvith-
ont obtaining the consent of the
owner. agent, or person in charge
of such wharf, pier or dock.
(b) Tying up Vessel. -
'Every vessel lying at any wharf
or any slip in Newport Harbor
shall be fastened thc;eto with
such head and stern lin ^_s from
both bows and quarters in such
a manner as to meet the approval
-.of the Harbor Master.
(c) Loading or Unloading Ex-
plosives.
It shall be unlawful for any per-
son to unload gun- powder, giant
powder, dynamite, or any other
high explosive from any vessel to
or upon any wharf or pier in Iiew-
port Harbor, or to load the same
from any wharf or pier upon any
vessel, without first obtaining a
permit so to do from the Harbor
Master, and paying therefor a fee
of Twenty -five Dollars ($25.00).
And. otherwicc complying with all
the rules and regulations govern-
ing the loading and unloading of
high explosives.
(d) Storage. and Handling of
(°asoline and Petroleum Products.
The storage, handling, keeping,
use or sale of gasoline, distillate,
or any liquid_ petroleum products.'
other than lubricating oils, on
docks, wharves or piers, except at
such places as may be especially
designated therefor by the Harbor
Master and Fire Chief, is unlawful
and strictly prohibited. provided,
however, that any retail sale or
delivery of such products in bulk
to vessels at such places shall be
made from and by means of pipe-
lines and hose, suitably equipped
and provided with closed connec-
tions and valves between pipeline
and hose to be approved by the
Harbor Master and Fire Chief, and
provided, further, that any such
retail sale or delivery of such
products in bulk to vessels may-
be made at such places by means
of pipeline and hose without such
closed connections and valves by
special permission of the Harbor
Master and Fire Chief, under such
conditions as he shall prescribe,
when, in his Judgment, such de-
livery by the use of closed con-
nections is impossible or imprac-
ticable, and at such places as may
be so designated therefor; the
same shall not be handled, used,
sold, or delivered between sunset
and sunrise unless the same are
lighted only by incandescent elec-
tric lights, properly protected by
wire screens. Nothing herein con-
tained shall prevent the sale of
e such products at ]-el nil from harde9
to vessels direct, such barges to be
c moored at surh places as the Har-
y bar Master may designate. It is
further provided that until such
.. time that p: ovimon is made for de-
livery of gasoline. distillate. or any
liquid T :ctroleum products other
than lubricating oils, on docks.
wharves or piers, as above pro-
vided, that such delivery be made
in such manner as shall be satis-
factory to, and ender supervision
of the IIarbor Master.
(e) Storage of Empty Drums
and Tanks.
Empty drums, tanks, barrels, or
other containers, used for the stor-
age or transportation of gasoline,
distillate, kerosene, or other in-
flammable products, shall not be
allowed to remain in or on any
dock, wharf, or pier, but must be
removed before twelve o'clock
noon, standard time, provided they
have been received or unloaded
,Uctween the hours of six o'clock
.P. M. and eight o'elock.A. M., and
if received or unloaded between
the hours of eight o'clock A. M.
.and six o'clock P. M. they shall
be removed not later than six
O'clock P. M. Crude oil or resi-
duum which will not flash below
110 degrees Fahrenheit may be
loaded at any time, but all vessels
carrying oil for fuel must store
the same in steel or iron tanks.
No vessel loaded with any crude -
o:l which will flash below 110 de-
grees Fahrenheit, shall be permit-
ted to haul alongside of any ves-
sel cr structure, unless otherwise -
specified, or hereinafter provided.
(f) Lights.
Every vessel lying alongside a
wharf, or ulongsid; a. esscl berth-
ed at a wharf, s::all from sunset
until sc,rise, be provided with
proper lights, and shall be pro-
vided ccntinuously w th such ap-
pliances in the wall of gangways
and man -ropes as m-ay be, in the
opinion of the I -l: �.rbo• Master.
necessary for the convenience and
safety of persons Massing to and
from such vessel and every gang-
way fixed for the purpose of giv-
ing the crew or other persons ac-
cess to the ship cr vessel after
dark shall be brightly illuminated'
by the best available means as
long as such gangway is in com-
munication with the shore, and a
watch shall be 'continuously set
upon said gangway.
(g) Donkey Engine.
It shall be unlawful for any per-
son to use any donkey engine or
other steam engine on any wharf,
dock, pier, or vessel within the
City of Newport Beach in load-
ing or unloading vessels or other-
wise without a bonnet or spark
arrester attached to the smoke
stack of such engine so as to pre-
vent sparks from coming in con-
tact with wharf or vessel.
(h) Defective Wharves.
When the Harbor Master shall
learn that any wharf, dock or
Pier, on Newport Harbor is in a
defective or dangerous condition
so that life or property is en-
dangered thereby, the Harbor
Master shall immediately notify
the owner thereof, his agent.
lessee, or any other person or
persons having charge of the same
in writing, of the defective and
dangerous condition thereof, re-
quiring such person or persons to
immediately repair the same or to
Put up fences or other barriers to
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F_ I
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Drc,''ent persons from using or go-
ing upon the same. If the ocrr.�l%
lessee, or other person or person;
having charge of wharves, docks
or piers shall fail or neglect to
repair or to put up fences or other
barriers to prevent Persons from
Using or going upon such defective
or dangerous wharves, docks or
piers, then the Harbor Mavtcr may
Put up fences or such other bar-
riers as he mat, d; rm necessary
for the protection of the public,
and charge the cost and cmcnsc of
the same to such oe:ner, lessee,
agent, person or persons having
charge of such wharf, doe,% or pier,
and it shall be unlawful for any
person or persons whatoever to
interfere with or molest in any
manner whatsoever any fence or-
barrier which may have been con-
structed for the purpose of pre-
venting the use of the wharves,
docks or piers aforecaid.
If any wharf, or any portion
thereof, or any material on such
wharf, shall fall into the waters
of Newport Harbor, it shall be the
'duty of the owner, agent. or lessee
of such wharf to forthwith remove
such material from the waters of
said harbor, and if they shall fail
to do so, then the Harbor Master
may, remove or cause the same to
be removed and the cost of such
removal by the Harbor Master
shall be recovered from the owner,
agent, or lessee of such wharf in
a civil action brought by the City
of Newport Beach.
Section 1.1. PUBLIC PIERS.
(a) Floats, wharves, docks, and
other harbor facilities may be
maintained by the City of New-
port Beach, and such harbor facili-
ties shall be available for the load-
ing and unloading of passengers,
supplies and boating gear, and for
similar purposes, in such manner
as will best serve the public use
thereof and avoid congestion and
the blocking of such facilities. The
Harbor Master is vested with
authority to control the use of said
facilities as aforesaid, and to regu-
late the time and manner of said
use for the purpose of maintaining
said facilities available to the
public at all times.
(b) Obstruction of Piers.
It shall be unlawful for any
person to obstruct the free and
easy access to and departure from
any portion of any public landing,
pier or wharf at any time.
(c) Automobiles and Vehicles on
Piers.
It shall be unlawful for auto-
mobiles, or other vehicles to enter
upon a public wharf, pier or land-
ing except to discharge or load
freight or passengers, and it shall
be unlawful for any such vehicle
to remain upon any such landing,
Pier or wharf except while actually
discharging ov loading, and it shall
be unlawful at all times to leave
any materials of any description
or kind upon or on any pier, wharf
or landing. Vehicles ready to load
shall have preference over those
ready to discharge, and no vehicle
shall block the approach to suds
landing or prevent the free and
easy access thereto.
Section 1 °. SANITATION.
(a) Discharge of Refuse in Bay.
It shall be unlawful for any
person to throw, discharge, de-
posit or leave or cause., sni`or or
procure to be th>own. dis hanged,
deposited or left, either from out
of any vessel or from the shore,
wharf, manufacturing cs`,ablish-
mcnt or mill of nnv ":•'I. nP�
refuse matter of umv d: ;erip Lion,
into the navigable w,al rrs of ] :e• : :-
port Harbor. and it shall In un-
lawful to discharge, or cause, suf-
fer or moo -urc to be discha -qcd or
deposited material of any kind in
any place or on the banks of any
navigable water in the City of
Newport Beach v ;here the same
shall be liable to be '.vashrd into
Newport Harbor. either by or-
dinary or high tides, or by storm
floods or otherwise.
It shall -be unlawful to allow
vessels, boats, materials, garbage,
refuse, timber or waste matter of
any description to remain on or
upon the shore lines of tl:e Pacific
Ocean or on the shore lines of
Newr.o ^t harbor, within the juris-
dicticni of the City of Newport
Peach. and any person, firm or
corporation violating this pro-
vision rl"n be sl :b_' - -t to the
penalty nio;�ided for hereafter in
this ordinance, and in addition
thereto, the Harbor Master may
remove the same with or without
notice. at his option. and the ex-
pense of rcmo':(ng the same ^hall
be on the party liable that: ^for,
and any cost of removing the Same
may be, recovered by the City of
Newport Beach against any guilty
Party. in any court of competent
jurisdiction.
(b) Discharge of Inflammable
Material.
It shall be unlawful to pump
or diclharge from any vessel or
,tank into the waters of Newport
Harbor, oil, spirits, or any inflam-
mable liquid, or to deposit any
rubbish, refuse matter, or articles
of any offensive character therein
or upon any wharf, or wharf road,
or street leading to a wharf.
(c) Discharge of Petroleum
Products.
No person, firm, association, or
corporation shall discharge, or de-
posit, or shall cause or suffer to
be discharged or deposited or to
pas, in or into the waters of New-
port Harbor, any coal tar or re-
fuse or residuary product of coal,
petroleum, asphalt, bitumen, or
other carbonaceous material or
substance.
(d) Dead Animals.
It shall be unlawful for any
person to throw, place or leave
any dead animal or putrefying
matter into the waters of New-
port Harbor, or on or along the
shore thereof.
Section 13. CONSTRUCTION
OF HARBOR STRUCTURES.
(a) No person, firm, corporation
or association shall build or ex-
tend any privately owned wharf,
pier, landing, bulkhead, seawall or
structure of any sort whatever,
nor make, or cause, any filling to
be made of any description beyond
(seaward) the line of mean high
tide, nor shall any dredging or
excavating be done within the
limits of the Harbor for the
benefit or use of any private per-
son, firm, corporation, or associa-
tion unless plans showing the pro-
posed work shall hate been sub-
mitted to the City Council for ap-
proval, and permit shall have been
isrued by the City Council auth-
ori.zing said work prior to its com-
mencement. Any applicant for a
permit under the provisions of this
section shall pay an inspection fee
to the City of Newport Beach in
the sum of Twenty -five Dollars.
Section 14. The orders of the
Harbor Master made n- given,
Pursuant to the provisions of this
Ordinance, may be snpcal ed by the
person affected, to the City Coun-
cil, p ^oading that within twenty-
flL`a' flours after such order shall
h ^co been served upon a person by
the Harbor Master, such person
,hall have made vn,i ;.ten applica-
tion to the City Council for it
hearmu. In the event of such ap•
Peal, the Citv Council shall grant
a hearing within five days, at a
time and place to be designated by
the City Council. The Majority
Of the City Council shall con -
sttiute a quorum for the hearing
of such appeal. and the decision of
n ,;.n °ority of the City Councilmen
in a"endance at said meeting pro -
vicing the total attendance is a
inalority of said City Council, shall
be final in the matter.
Section 15. PENALTY.
Any person violating any of the
provisions of this ordinance shall
be deemed guilty of a misde•
meanor and upon conviction there-
of shall be punished by a fine not
e.:cceding Two Hundred and Fifty
Dollars ($250.00) or by imprison•
ment in the city jail for not more
than three months, or by both
such fine and imprisonment at the
discretion of Yh eCourt.
Sectioll 16. If any provision of
this Ordinance or the application
thereof to any person or circum-
stance is held invalid, the fe-
mainder of the ordinance or the
application of s:tch provision to
other person or circumstances
shall not be affected thereby.
Section 17. Ordinance No. 180
Of the City of Newport Beach and
all other ordinances of said City
inconsistent herewith to file ex-
tent of such inceasistencv, and no
further, are hereby reccalcd.
Section 18. This Ordinance, after
its passage and authentication and
approval by the Mayor, .shall be
published once in the Newport
Balboa News- Times, a semi -
w'eekly newspaper of reneral
circulation, printed, pub' :Shed and
circulated in said City and hereby
designated fo:- that' purnose, and
Shall take effect and be in force
thirty (30) days after its pas-
sage.
The above and foregoing ordin-
ance was introduced at a regular
meeting of the City Council of the
City of Newport Beach held on the
3rd day of December, 1945, and
was finally passed and adopted,on
the 14th day of January, 1946, by
the City Council at a regular
meeting thereof, by the following
vote, to -wit:
AYES: Councilmen Allen, Stan-
ley, Isbell, Reed, Hall.
NOES: Councilmen None.
ABSENT: Councilmen None,
The foregoing Ordinance is sign.
ed and approved by me this 14th
day of January, 1946,
CLYAN H. HALL,
Attest: Mayor.
FRP -laic L. RINEHART,
City Clerk.
By R. IYIFrrELY, Deputy,
Pub. —Jan. 17, 1946.