The URL can be used to link to this page

Home My WebLink About641 - MooringsC J • ORDINANCE NO. 641 AN ORDINANCE REPEALING SECTION 10127 OF THE MU- NICIPAL CODE, ADDING SEC- TIONS 10148A, 10160, 10124A, 10126A AND 10127 THERETO, AND AMENDING SECTIONS 10105 AND 10123 THEREOF; PROVIDING FOR THE ISSU- ANCE. OF CITATIONS; PRO- HIBITING THE USE OF SI- RENS ON VESSELS, FOR MOORING PERMITS AND FEES; FOR PROCEDURE IN CASE OF NON- PAYIIIENT OF FEES, DEFINING "MOORING" AND REGULATING MOOR- INGS IN THE PACIFIC OCEAN The City Council of the City of Newport Beach does ordain as fol- lows: SECTION 1: Section 10127 of the Municipal Code of the City of Newport Beach is hereby repealed. SECTION 2: Sections 10148A 10160, 10124A, 10126A and 1012'{ are hereby added to the Municipal Code of the City of Newport Beach, to read as follows, to wit: "Section 10148A. Procedure for Issuing Citation. In any procedure charging a violation of Section' 10148 of the Code, or charging a violation of any other regulation set out in this Code governing the mooring or anchoring of a vessel, proof by the people of the State of California that the particular vessel described in the Complaint was moored or anchored in viola- tion of any provision of this Code, together with proof that, the de- fendant named in the.Coinplaint was, at the time of tlYe Ibffbnse charged the owner or part owner of such vessel, shall constitute in evidence a prima facie presumption that the said owner or part owner uf*such vessel was the person who moored or anchored or placed such vessel at the point where; and for the time during which, such viola- tion occurred. The above provis- ions shall apply only when the fol- lowing conditions are complied with: (1) During the time of such il- legal mooring or anchoring, a no- tice thereof shall be securely at- tached to said vessel, setting forth the fact of such illegal mooring or anchoring, including reference to the section of the Code so violated the approximate time thereof and the location where such ' olation occurred, and fix a time and place for appearance by the owner or part owner in answer to said no- tice. Such notice shall be attached to said vessel in a conspicuous place upon the vessel so that such notice can be observed by the person in charge of such vessel upon his re- turn thereto. (2) Before any warrant of ar- rest shall issue following the filing of a Complaint charging the of- fense of illegal mooring or anchor- ing, a notice of such illegal moor- ing or anchoring must be given to the person so charged. Such notice shall contain the information re- quired in Paragraph (1) above and shall also inform such owner or part owner that unless he appears in the Court designated in said no- tice within five (5) days after service of such notice and answers said charge, a warrant of arrest will be issued against him. Such notice shall be given either by personal delivery thereof to such owner or part owner or by deposit in the United States mail of an envelope with postage pre- paid, which said envelope shall contain such notice and shall be addressed to such owner or part owner at his address as shown by either the records of the Harbor Master, the records of any other department of the City or by the records of any department of the County of Orange-or by the re- cords of the United States Coast Guard., The giving of notice by personal delivery is complete upon delivery of a copy of said notice to said person. The giving of notice by mail , 5 complete upon the ex- pirationJof 10 days after said de- posit of such notice. Proof of giving such notice may be made by the certificate of any officer of the Harbor Department or by the affidavit of any person over 18 years of age, naming thei, person to whom such notice was given and specifying the time, place and manner of the giving thereof." Section 10160: Sirens, Prohibit - ed: No vessel, except those of a law. enforcement agency, shall be equipped with nor shall any person use'upon a vessel, except those of a law enforcement agency, within the .City Limits of the City of Newport Beach, any siren. Section 10124A: Same: Instal - lation within 90 days. Unless the mooring for which a permit has been secured is constructed and installed within 90 days of the date of the permit, the said permit is automatically revoked without no- tice, is of no further force and ef- fect, and the fee paid therefor is forfeited. Section 10126A: Same. Fees: The owner of every vessel or bait receiver having a mooring outside of Newport Harbor, but within the City of Newport Beach, shall pay to the City an initial permit fee of $10.00, payab'e upon issuance of the permit, and thereafter shall pay the City a yearly inspection fee of $10.00, said inspection fee to be paid on or before December 1st of each year. Section 10127: Same. Cancella- tion on Non - payment of Fee: If the yearly fee provided for in Sec- tion 10126 or Section 10126A hereof is not paid by January 1, following the December 1 date mentioned in Section 10126 hereof, the Harbor Master shall give a no- tice of such delinquency, in writ- ing, by registered mail addresser) to the last known address of the owner rf the mooring as it appears on the records of the Harbor Mai;- ter, said notice to state that if said yearly fee is not paid within 15 days from the date of said no- tice, the said mooring will be re- moved by the Harbor Master and the costs thereof will be charged to and paid by the owner of said mooring, the said cost to be col- lected in any Court of competent jurisdiction. If the yearly fee pro- vided for in Section 10126 or Sec- tion 10126A hereof is not paid after proper notice, as called 6 herein, the City shall have the right to remove said mooring and recover the costs thereof from the owner of said mooring in any court of competent jurisdiction. The owner of any mooring may, at any time prior to the actual removal thereof by the City, come in and pay all delinquent, yearly fees and thereafter continue in possession of said mooring, subject to the pro- visions of Section 10125 hereof." SECTION 3: Sections 10105 and 10123 of the Municipal Code of the City of Newport Beach are hereby amended to read as follows, to wit: 11Section10105: "Mooring" means any weight, chain, rope, float, structure, or appliances used by a vessel for anchoring purposes and which is not carried aboard such vessel or bait receiver as re- gular equipment when under way. Section 10123. Mooring Permits. No person shall place, erect, or construct moorings in the waters of Newport Harbor or that portion of the Pacific Ocean within the City of Newport Beach before a permit shall have been issued by the Harbor Master." SECTION 4: This ordinapee shall be published at least once in the Newport Harbor Ensign, a newspaper of general circulation, .printed and published in the City of Newport Beach, and shall be in force and effect 30 days after the final passage thereof. The above and foregoing ordi- nance was Introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of June, 1951, and was finally passed and adopted on the 9th day of July, 1951, by the Iol- '.owing vote, to wit: AYES, COUNCILMEN: Finch. Ramsey, Greeley, •� Blue, Isbell _ NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None. ` ✓, L. L. ISBELL Mayor ATTEST: C. K. PRIEST ° City Clerk • STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH ........ -.... C, - - -K. - PRIEST------------------- -------- --------- ------ -------- City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing Ordinanng.......................................... Y Y 9 9 No........- .641 ....... ..........was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ------ 4th.--------- day, of ---------------------- uly ----------------------------- 19.51-- by the following vote: AYES: COUNCILMEN ------- Finch ...... Ramaey ..... Ore.eley.,... Blue .,._.Isbell ..................... NOES: COUNCILM ABSENT: COUNCILMEN... None ............................ Dated this ----- 2jrd ... ---clay of... ... . ................... .------- - --- --- uly- -- ..... ..............................1 19.5-1. NB 130- 500 -6/51 �l ....................... City Clerk and Ex-Officio Clerk of the City Council, City of Newport Beach, State of California