HomeMy WebLinkAbout915 - Harbor RegulationsAFFIDAVIT OF PUBLICATION'
STATE OF CALIFORNIA,
`County of Orange, .
----- --- --- ------- ---- -HFN .... R D.- D. I..0 K .................... ...............................
of the said County, being duly sworn, deposes
and says: THAT ------ - - - - -- he is and at all times here
mentioned was a citizen of the United States,
over the age of eighteen years, and that ...........
he is not a party to, nor interested in the above
entitled matter; that . --------- he is the * ... ---------------
.... ............................... printer of the Newport Harbor
News Press, a newspaper of general circulation,
printed and published in the City of Newport
Beach, County of Orange, and which newspaper
has been adjudged a newspaper of general cir-
culation by the Superior Court Of the County
of Orange, State of California, under date of
• October 22, 1954, Case Number A 24831;
that the notice, of which the annexed is a printed
copy, has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates,
t0 -wit:
.......... mu ... 4.................. - ......... ........... ..............................
all in the year 19....60,
...-._.. ......�./ ......................
............. ........ .. � ...........
*Printer Foreman of the Printer or Principal
Clerk of the Printer
Subscribed and Sworn to before me this
..........4.... day of ...._-M-8.g----------------------------------- 1960.......
.G
(SEAL) Notary Public in and for said County
i
and State.
My Commission Expires
-,.. ..� ��� L. =•, 19
0-1111 G0i].u,'.KKA
621
am District Bulkhead line as
established and described in
Ordinance No. 1203 of the
^ounty of Orange, lying
northwesterly of a line join-
ing Station 12 of said Or-
ange County Harbor District
Bulkhead line and Station 39
of the Adjudicated Line of
Ordinary High Tide as deter-
mined by judgment rendered
in Superior Court Case No.
20436, May 6. 1926. and re-
corded in Book 19, Page 309
of Judgments, Orange Coun-
ty, lying southerly of a line
joining Station 15 of said
Orange County Harbor Dis-
trict Bulkhead line with Sta-
tion 84 of said Adjudicated
Line of Ordinary High Tide
and lying easterly of the said
Orange County Harbor Dis-
trict Bulkhead line in the vi-
cinityof Stations 106
through 108 inclusive; EX-
CEPT therefrom all those
areas described herein lying
easterly of a line joining Sta-
tion 33 and Station 41 of said
Adjudicated Line of Ordi-
nary High Tide and also EX-
CEPT therefrom all those
areas described herein lying
within Lot No. 1 and Lot No.
2 of Section 23. Township (I
South, Range 10 West. San
Bernardino Base gild Meridt-
an, and also EXCEPT there-
from all those a.ress describ-
ed herein lying within Lot
No. 2 of Section 26. Town.
ship 6 South, Range 10 West.
San Bernardino Base and
Meridian.
(c) LIMITED SKI AREA.
A portion of Upper Newport
Bay shall be known as the
'Limited Ski Area', Water
skiing is permitted in this
area only between 9 A. M.
and sunset when the tide is
at least plus four 14) feet
above mean lower low water.
During these times and un-
der the specified tidal condi-
tions, it shall be lawful to
operate a motor -boat at a
speed not in excess of thirty -
five (35) nautical miles per
hour. This area, the %imit-
ed Ski Area', is comprised
of three (3) sections. The
respective boundaries of these
sections are:
Section 'I—All the waters
of Upper Newport Bay lying
westerly of the orange Coun-
ty Harbor District Bulkhead
Line as established by Ordin-
ance No. 1203 of Orange
County in the vicinity of
Stations 107 and 108 of said
Bulkhead Line, northerly of
a line between Station 15 of
said Orange County Harbor
District Bulkhead Line and
Station 87 of the Adjudicat-
ed Line of Ordinary High
Tide as determined by judg-
ment rendered in Superior
Court, Case No. 20436, May
6, 1926, and recorded in Book
19, Page 309 of Judgments,
Orange County, and south-
easterly of a line between
Stations 49 and 86 of said
Adjudicated Line; EXCEPT
therefrom all that portion of
the above described area ly-
ing within Lot No. 1, Section
23, Township 6 South, Range
10 West, San Bernardino Base
and Meridian.
Section 2 — All the waters
of Upper Newport Bay ly-
ing northwesterly of a. line
joining Station 49 and Sts -
tion 86 of the Adjudicated
Line of Ordinary High Tide
as determined by judgment
rendered in Superior Court
Case No. 20436, May 6,,1926,
and recorded in Book 19, ,
OF,DINANCE NO. 915
the CI
AN C.ADINANCF, OF THE.
CITY OF NEWPORT BEACHI
REPEALING SECTION 101101
AND ADDING SECTIONS,
10110 THROUGH 10110.8 TO
THE NEWPORT BEACH
NICIPAL CODE RELATING
TO HARBOR REGULATIONS
The City Council of the City of
Newport Beach does ordain as
follows:
SECTION 1: Section 10110 of
the Newport Beach Municipal
Code is repealed.
SECTION 2: A new Section
10110 is added to the Newport
Beach Municipal Code to read:
"SECTION 10110. Speed
Regulations- 5otorboat The
term 'motorboat' as it per-
tains to speed and water
skiing regulations in this
Chapter shall mean and in-
ieatic
clude any vessel propelled
by machinery whether or not
such machinery is the princi-
pal source of propulsion...
------- - - - ---
SECTION 3: Section 10110.1 is
sdded to the Newport Beach
Municipal Code to read:
"SECTION 10110.1. Speed
Regulations — Basic. Except
............
as otherwise provided in this
Chapter. no person in com-
mand of any motorboat shall
operate the same or permit
- the same to be operated in
(Past
of
any portion of Newport Her-
bor at a rate of speed in ex-
SE
cess of five (5) nautical
In
miles per hour."
SECTION 4: Section 10110.2
8 added to the Newport Beach
Municipal Code to read:
"SECTION 10110.2. Speed
Zone and Ski Areas Establish-
ed. (a) SPEED ZONE. A por-
tion of Upper Newport Bay
shall be known as the'Speed
Zone'. Between 9 A. M. and
sunset it shall be lawful to
operate a motorboat in the
speed zone at any speed not
in excess of thirty -five (35)
nautical miles per hour. The
boundaries of this zone are
all the waters of Upper New-
port Bay lying northerly of
a line between Station 8 and
Station 104 of the Orange
County Harbor .District
Bulkhead Line as established
1
and described in Ordinance
No. 1203 of the County of
Orange, southerly of a line
joining Station 12 of said
Orange County Harbor Dis-
trict Bulkhead Line and Sta-
tion 105 of the Adjudicated
Line of Ordinary High Tide
as determined by judgment
rendered in Superior Court
Case No. 20436. May 6, 1926,
and recorded in Book 19,
Page 309 of Judgments, Or-
ange County, and westerly of
the westerly line of Lot No. 2,
Section 26, Township 6 South,
Range 10 West, San.Bernar-
dino Base and Meridian; EX-
CEPT therefrom all those
areas westerly of a line join-
ing Station 106 and Station
110 of said Adjudicated Line
of Ordinary High Tide. No
person shall water ski and no
person shall participate in
water skiing activities in
said speed zone.
(b) SKI AREA. A portion
,
of Upper Newport Bay shall
be known as the 'Ski Area'.
Between 9 A. M. and sunset
it shall be lawful to operate
a motorboat in the ski areas
i
at any speed not in excess of
thirty -five (35). n a u t i c a l
miles per hour- The bound-
aries of this area are all the
waters of Upper Newport
Bay lying northerlyof a line
joining Stations 12 and 106
of the Orange County Her-
621
am District Bulkhead line as
established and described in
Ordinance No. 1203 of the
^ounty of Orange, lying
northwesterly of a line join-
ing Station 12 of said Or-
ange County Harbor District
Bulkhead line and Station 39
of the Adjudicated Line of
Ordinary High Tide as deter-
mined by judgment rendered
in Superior Court Case No.
20436, May 6. 1926. and re-
corded in Book 19, Page 309
of Judgments, Orange Coun-
ty, lying southerly of a line
joining Station 15 of said
Orange County Harbor Dis-
trict Bulkhead line with Sta-
tion 84 of said Adjudicated
Line of Ordinary High Tide
and lying easterly of the said
Orange County Harbor Dis-
trict Bulkhead line in the vi-
cinityof Stations 106
through 108 inclusive; EX-
CEPT therefrom all those
areas described herein lying
easterly of a line joining Sta-
tion 33 and Station 41 of said
Adjudicated Line of Ordi-
nary High Tide and also EX-
CEPT therefrom all those
areas described herein lying
within Lot No. 1 and Lot No.
2 of Section 23. Township (I
South, Range 10 West. San
Bernardino Base gild Meridt-
an, and also EXCEPT there-
from all those a.ress describ-
ed herein lying within Lot
No. 2 of Section 26. Town.
ship 6 South, Range 10 West.
San Bernardino Base and
Meridian.
(c) LIMITED SKI AREA.
A portion of Upper Newport
Bay shall be known as the
'Limited Ski Area', Water
skiing is permitted in this
area only between 9 A. M.
and sunset when the tide is
at least plus four 14) feet
above mean lower low water.
During these times and un-
der the specified tidal condi-
tions, it shall be lawful to
operate a motor -boat at a
speed not in excess of thirty -
five (35) nautical miles per
hour. This area, the %imit-
ed Ski Area', is comprised
of three (3) sections. The
respective boundaries of these
sections are:
Section 'I—All the waters
of Upper Newport Bay lying
westerly of the orange Coun-
ty Harbor District Bulkhead
Line as established by Ordin-
ance No. 1203 of Orange
County in the vicinity of
Stations 107 and 108 of said
Bulkhead Line, northerly of
a line between Station 15 of
said Orange County Harbor
District Bulkhead Line and
Station 87 of the Adjudicat-
ed Line of Ordinary High
Tide as determined by judg-
ment rendered in Superior
Court, Case No. 20436, May
6, 1926, and recorded in Book
19, Page 309 of Judgments,
Orange County, and south-
easterly of a line between
Stations 49 and 86 of said
Adjudicated Line; EXCEPT
therefrom all that portion of
the above described area ly-
ing within Lot No. 1, Section
23, Township 6 South, Range
10 West, San Bernardino Base
and Meridian.
Section 2 — All the waters
of Upper Newport Bay ly-
ing northwesterly of a. line
joining Station 49 and Sts -
tion 86 of the Adjudicated
Line of Ordinary High Tide
as determined by judgment
rendered in Superior Court
Case No. 20436, May 6,,1926,
and recorded in Book 19, ,
0
0
/A
Page 309 of Judgments, Or-
ange County and southerly
of a line joining Stations 49
and 81 of said Adjudicated
Line. -
Section 3.— All the waters
of Upper Newport Bay lying
northerly of a line joining
SEafions 49 and 81 of the
A.djudiested Line of Ordinary
High Tide as determined by
judgment rendered in Super-
ior Court Case No.. 20436,
May 6, 1926, and recorded in
Bonk 19, Page 309 of Judg-
ments, Orange County, south-
westerly" of; a line joining
Stations 55 and 70 of said
Adjudicated Line and south-
easterly of a line joining Sta-
tions 65 and 75 of said Ad-
judicated Line."
SECTION 5: Section 10110.3 is
added to the Newport Beach
Municipal Code to read:
"SECTION 10110.3. Post -
Ing Signs and Markings —
Speed Zone and Ski Areas.
The boundaries of the speed 1,
zone and the ski areas shall
be plainly marked and the
regulations applicable there-
to shall be posted by approp-
riate signs and markings
which do not conflict with
signs or markings prescribed
by the Small Craft Harbors
Commission of the Depart-
ment of Natural Resources
of the State of California."
SECTION 6: Section 10110.4 is
added to the Newport Beach
Municipal Code to read:
"SECTION 10110.4. Pro-
hibitions in Speed Zone and
Ski Areas. Between 9 A. M.
and sunset, within the speed
zone and ski areas establish-
ed by the provisions of this
Chapter, it shall be unlawful
for any person to do any of
the following:
.(a) Operate or cause to be
placed therein or thereon a
vessel, other than a motor-
boat eighteen (18) feet or
less in length, except pur-
suant to a special permit to
hold a boat race granted
pursuant.to the provisions of
Section 10110.6 of this Chap-
ter.
(b) Operate or cause to be
operated a vessel with the
operator's view entirely or
partially obstructed.
(c) Operate a motorboat
in other than a counter-
clockwise traffic pattern, ex-
cept when specifically direct-
ed otherwise by authorized
personnel of the City or the
Orange County Harbor Dis-
trict.
(d) Operate a motorboat
at a speed in excess of thirty -
five (35) nautical miles per
hour.
(e) Engage in swimming
or wading for the purpose of
recreation, except in areas
which may be designated as
swimming areas by resolu-
tion of the City Council and
are plainly so marked by ap-
propriate signs.
(f) Operate a motorboat
in the narrow channel west-
erly of that certain island
described as Lot 2, Section
26, Township 6 South, Range
10 West, S. B. B.,& M. and
which is located southwest
of 'Upper Bay Ramp'.
(g) Enter with a motor-
boat from the north into the
channel east of that .certain
island described as Lot 1,
Section 23, Township 6
South, Range 10 West, 5. B.
B, & M., and wbirh is located
north of 'Upper Bay Ramp '.'o
SECTION 7: Section 10110.5 Is
added to the Newport Beach
]Municipal Code to read:
"SECTION 10110.5. :Pro
hibitionn in Sid Arena. Be..
tween 9 A. M. and sunset,
within the ski areas estab-
lished pursuant to this
Chapter, it shall be unlawful
for any person to do any of
the following:
(a) Operate a motorboat
for towing any object or
structure or a person on
water skis, aquaplane or sim-
ilar device unless there is in
such motorboat a person at
least twelve (12) years of
age, in addition to the ope-
rator, in a position to ob-
serve the object, structure or
person being towed who
continuously advises the ope-
rator of existing conditions.
(b) Operate a motorboat
to overtake in the wake of or
follow in the wake of an-
other motorboat at a dist-
ance of less than two hun-
dred (200) feet, when such
latter motorboat is engaged
in towing any object, struc-
lure or person.- ,
(c) While operating a mo-
torboat, to fail to yield the
right -of -way to the operator
of another motorboat which
is engaged in towing any ob-
ject, structure or person.
(d) Tow more than two
(2) water skiers at one time.
(e) Employ a towline in
excess of seventy -five (75)
feet in length when towing
any object, structure or per.
Ann.
(f) Commence towing a
water skier against the coun-
terclockwise traffic pattern,
or when at a boat launching
ramp from other than a des-
ignated 'take -off' area, pro-
vided that the operator of a
motorboat may pick up and
launch a fallen skier in the
water if he can do so with -
nut disturbing, the counter-
clockwise traffic ofanyother-
motorboat towing a skier.
(g) Fail to follow a coun-
terclockwise traffic pattern
established by buoys and
markers at any ski take -off
area in circling back to pick
up a skier who has fallen in
taking off.
(hl Drop a ski towline and
terminate skiing in a boat
ramp area other than at the
designated 'landing area' at
said ramp.
(i) While an observer in a
motorboat whose skier has
fallen, and while an observer
in a motorboat approaching
a fallen skier, to fail to im-
mediately raise one arm ver-
tically upon observing the
fallen skier fit, the water."
SECTION &:_ Section "10110.6 is
added to the- Newport Beach
Municipal Code to read:
"SECTION 10110.6. Spec-
ial Permfts — Unmuffled
Engines. The City Council
may, when it deems the oc-
casion 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 Har-
bor . along and over certain
courses situated in the wa-
ters of said harbor; provid-
ed, however, that such speci-
al permit shall be for a per-
iod of time not exceeding ten
(10) days in any calendar
year and not exceeding eight
(8) hours of any day, and
only between the hours of 8
A. M. and 5 P. M."
SECTION 9: Section 10110.7 is
added to the Newport Beach Mu-
nicipal Code to read:
"SECTION 10110.7. Ex-
ceptions — Commercial or
Business Craft. The provis-
ions of Section 10110.4 and
Section 10110.5 shall not ap-
ply to the operators of com-
mercial. or business craft
having a legitimate business
to conduct in either the speed
zone or the ski areas, pro-
vided that such operator has
first obtained written per-
mission from the City of
Newport Beach or the Or-
ange County Harbor District
to enter said zone or areas
with such craft and provided
further that such operator
shall not operate such craft
in such zone or areas at a
speed in excess of three (3)
nautical miles per hour."
SECTION 10: Section I0110.S
is added to the Newport Beach
Municipal Code to read:
"SECTION 10110.8. Time
Applicable. Except as other-
wise provided, the hours re-
ferred to in this Chapter
shall be Pacific Standard
Time except when Pacific
Daylight Saving Time is in
- force in the State of Califor-
nia, during which time the
hours referred to shall be
Pacific Daylight Saving
Time."
SECTION 11: This ordinance
shall be published once in the
Newport Harbor News Press, a
newspaper of general circulation,
printed and published in the I
City of Newport Beach, and the
same shall be effective 30 days
after the date of its adoption.
This ordinance was Introduced
at a regular meeting of the City
Council of the City of Newport
Beach held on the 14th day of
March, 1980, and was adopted on
the 25th day of April, 1960, by
the following vote, to wit:
AYES, Councilmen: Kingsley,
Atkinson, Cook, Stoddard,
Hart, Lorenz, Somers
NOES. Councilmen: None
ABSENT Councilmen: None
MARGERY SCHROUDER,
City Clerk
JAMES B. STODDARD,
Mayor
No. 621 — News -Press 5/460
0
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
Margery Schroudere
............... --
City Clerk of the City of Newport
Beach, California, do hereby certify that the foregoing Ordinance
YY 9 9 --- ------------ --- - -- - -- ---------------------------------------------
No 915 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 -------- ?Sg .. ..day, of .............. Apr il...................... ............ 19.._�®
by the following vote:
AYES: COUNCILMEN....... Kin &sley, Atkinson, , .... Stodda
Cook.. .. .. .. .................... rd 9
..-.-.......--.--..--...--
Hart, Lorenz, Somers
• NOES: COUNCILMEN ------- None
ABSENT: COUNCILMEN— _None
Datedthis ----- 9th.......... day of --- -- --- - -- --- }.'...------------------------------------ -- -- --- ---- ----- --...... -- - - -- 19-- -60
NB 130 -500 12/56
City Clerk a d iN-0
io Clerk of the City Council,
City of Newport
each, State of California
NB 130 -500 12/56