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HomeMy WebLinkAbout1090 - Harbor & Ocean Regulations• 0 NO. 1090 THE CITY OF REPEALING AR- yIONS 4245. 8118, kND 8122 AND N 8717 OF THE CH MUNICIPAL INO A NEW AR- IG TO HARBOR LATIONS the City of New - n as follows: X of the Newport avacn 8121, -•.- - - -- - - 8119, SECTION ;no 8122 Sections of f the 8718, 3each Municipal Code are repeated. � SECTION 3. Section 8117 of the New. Surf Beach Municipal Code Is amended o read: "SECTION 8117. Construction Work In, on, or over Tidewater. All con- struction work in, on, or over Pacific Ocean, Newport Bay, or other water In which the tide ebbs and flows is regulated by Article X Of do any this such work withoutarcomplyingl with the provisions thereof." SECTION 4. A new Article X is added to the NewPort Beach Municipal Cade to read: "ARTICLE X HARBOR AND OCEAN Chapter 1 DEFINITIONS AND ADMINISTRATION SECTION 10100. Definitions. For the Purposes of this Article, the words phrases herein defined shall, unless the context e gs herei clearly indicates et otherwise, have 'meanings herein Area' meats any por' been oso designated Harbor purssua nit to law and approved by the Federal Govern- ment. Board' means the Board of Super - viers Of the County of Orange as the ......e.,nno body of the Orange County Sans City of Newport Beach. until' means the City COUD City. maser' means the City Mao- he City. ' means the Director of the ,no Beaches of the District. means the Orange County Istrict. lief' means the Fire Chief of Commission' means the Her - 11sslon of the Orange County 'Vesse9 includes every description Of watercraft used or capable of being used as a means of transportation on water, except the following: (1) A seaplane on the water. (2) A watercraft specifically de- signed to Operate on a permanently fixed dune, the movement of which is restricted to Or guided on such permanently fixed course by meats of a mechanical device on a fixed tracts or arm to which the watercraft is attached or by which the watercraft is controlled, or by means Of a mech- anical device attached to the water- craft Itself. 'Waters of Newport Harbor' means all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide Tine of the Pacific Ocean has been fixed by ordinance, statute, court ac- tion or otherwise and whether or not the lands lying under said tidal water are privately or publicly owned. SECTION 10101. Delegation of Autho- rity. The responsibilitY for the admin. istration of the Provisions of this Arti- cle Is delegated to the City Manager or officers or employees of a depart. ment Or departments of the City des- ignated by him; provided, however, that some or all of the duties necessary to be performed in said administration may be performed by the Director or his deputies or assistant pursuant to a contract providing therefor between the City and the County of Orange Or the Joint Harbor Committee' means the committee consisting of those mem. bers of the Harbor Commission and members of the City Council appoint- ed by the Board and City Council, respectively, to consider harbor Prob- lems common to the City and Orange County Harbor District. 'Mooring' means any appliance used to secure a vessel in Newport Har- bor other than to a pier, which Is net carries aboard such vessel as regu- lar equipment when under way. 'Motorboat' means any vessel pre pelled by machinery, whether Or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine docu- ment issued by the Bureau of Customs of the United States Government or any federal agency successor thereto. 'Newport Harbor' arid 'Newport Bay' shall be deemed coextensive and the terms interchangeable. 'Pier means any fixed or floating structure for securing vessels, loading or unloading persons Or property or providing access to the water, rind Includes whart, Clock, float, or any Other landing facility. 'Public Works Director- means the Public Works Director of City. 'Turning Basin' meam that portion M any channel which has been so designated pursuant t0 law and ap- proved by the Federal Government, for the purpose Of permitting vessels to turn around or permitting their course or direction to be altered therein. gatta, parade or other event held on the waters of Newport Harbor, or at any other time when the City Manager deems It necessary for the safety of persons, vessels or other property, he shall have authority to restrict Or pr0- hibtt waterborne traffic in the Harbor, and It shall be unlawful to wilfully fail or refuse to comply with any order, signal Or direction Of said City Manager, his deputies ar agents. Chapter 2 GENERAL BOATING REGULATIONS SECTION 10200. Speed Limit. No own- er, operator or person in command of any vessel, except a Public officer in the performance of his duty, shall op- erate the same or permit the same to be operated in any portion of New- port 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 (5) nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating struc- tures, except as hereinafter Provided. SECTION 10201. Motorboat Races. The City Council may, when it deems the occasion warrants, gram a special Per- mit to hold a motorboat race in the Har- bor or make temporary use 01 a desig- nated area in the Harbor for a special event or activity In which unmuffled engines may be used speed limits may be exceeded, and normal traffic inter. rupted, provided that such Permit shall be for a stated period Of time not ex- seeding six (6) months. A permit for _ SECTION 10102. Channels, Turning Ba- boat races shall not exceed ten (10) sins, and Anchorage Areas. All Chan. days and shall be limited to the hors nels, turning basins, anchorage areas, between eight o'clock a.m., and sunset. and plemeao and bulkhead lines In No permit shall authorize interference Newport Harbor shall be as established with normal Harbor traffic for a period by the Federal Government or by the exceeding for (4) hours in any 2d- City Council upon recommendation of hour period. the Joint Harbor Committee. A map As a condition M granting such per - thereof shall be kept on file in the mlt, the City Council shall require the Mims of the City Clerk and the Public permlffee to provide liability insurance Works Director of City for public in. for the full Period of time for which the spection. Permit Is granted In an em0unt of not SECTION 10103. Duties of the City less than $100,000 far bodily iniury Manager. It shall be the duty of five to one person, $500,000 for bodily infury City Manager: in any one accident, and $50,000 for (1) To carry Wt the orders of the properly damage In any one accident. City Council and to enforce all harbor The policy providing such insurance must regulations and ordinances. name the City, the County of Orange, and (2) To order any vessel Improperly the District as additional insureds. A certi. anchored, moored or berthed in any ficate evidencing that such Insurance area outside the jurisdiction of the is in farce and will remain in force District to change Its position to such for the period Of such permit shall be a One as he may designate, and, in filed with the City Clerk in a form so. case his orders are not complied with, Proved by the City Attorney before any or the vessel is unattended, to cause such vessel to be so moved, and to The City Council may Impose addi- collect the cost thereof from said tional conditions as deemed necessary vessel, or owner themcf. to protect persons and property and to (3) To promptly report to the aP. assure that the activity will not create proprlate federal agency any viola- a nuisance or interfere with the reas0n- tion of the laws of the United States able use of the Harbor by other ves- for the protection Of navigation and sels. No such permit shall be effective the preservation of navigable waters; until it has been granted by the City particularly any encroachment on the Council and submitted to and approved waterway by the building of illegal by the Harbor Commission. structures, illegal filling ar dumping SECTION IMM. Boat Launching and of material Of any sort Into the we- Hauling. No person shall launch ar re- terway or throwing overboard Or set- move any vessel from the waters W ting adrift or allowing to be set Newport Harbor over any public sea adrift anything that is or might be- wall, sidewalk, street end, or public come obstructive or dangerous to na- property, except at locations where a vigation. SECTION 10104. Stray Property. All stray vessels, skiffs, rowboats, dinghies, timber or any other personal property found in the water Or on the shore of Newport Harbor or the Pacific Ocean in any area outside the jurisdiction of the District not in the lawful possession or control of come person, shall be Im- mediately delivered up to the City Man- ager. Any such property shall be dealt with as provided in the appropriate provisions of Sections 2080, et Sao., of the California Civil Code and Sections 510, at seq., of the Harbors and Naviga. tion Code as the same now read or may hereafter be amended. Proceeds of any sale of such Property shall be de- posited In the General Fund of the City or, if provided by contract with the District, shall be Paid to the County Treasurer for the District. SECTION 10105. Safety Restrictions— Races. For such time as necessary pre- ceding, during, and after any race, re- Page l of 5 or In areas designated and posted for such purpose by the City. SECTION 10203. Damage to Property. No person shall wilfully or carelessly destroy, damage, disturb, deface or in- terfere with any buoy, float, life preserv- er, sign, notice, navigational mark- ing, Or Other similar Property under the lurisdiction of the City, District, or Other governmental agency. SECTION 10204. Closed Areas. When- ever the City Manager finds that public safety so requires, he may designate any water area or tidelands or filled lands in or upon which harbor im- provement work is being Performed as a closed area. Except for Persons ac- tually engaged in such harbor Im- provement work or Public officers in the performance of their duty, no per - San shall enter Or remain within Or drive or operate any vessel or water- craft Into or within any area Which has been so designated as a closed area and which has been Posted or marked with appropriate signs giving notice thereof. SECTION 10205. Boarding Vessel With. Out Permission. No person shall climb Into or upon any vessel moored, docked or anchored in Newport Harbor, with- out the consent of the Owner Or other Person having charge thereof. SECTION 10206. Tampering With Ves- sel. No Person shall wilfully inlure or tamper with, or break Or remove any Part Of or from, any vessel in the City, or tamper with the lines securing any such vessel, without the consent of the Owner Or other Person having charge there&. SECTION 10207. Tampering With MOOr- Ing$. NO Person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel. SECTION 10208. Landing of Aircraft. No Person shall land on or take &f from the waters of Newport Harbor with any aircraft. SECTION 10209. Propulsion Above Wa. ter Prohibited. No Person shall operate any vessel on the waters of Newport Harbor which is operated by mechanical air Propulsion above the surface Of the water. Chapter 3 PIER AND DOCKING REGULATIONS SECTION 10300. Permission Required to DOM or to Make Fast to Other Ves- sel. No person having charge of any vessel shall make the same fast to any Pier in Newport Harbor, or Permit the same to remain at such location after finishing loading or unloading such vessel, without the consent of the owner, agent, Or Person In charge of any such pier. No Person shall make fast any vessel to any other vessel already occupying any Pier, either Public or Private, without first obtaining Permission of the City Manager. SECTION 10301. Tying UP Vessel. Every vessel lying at am Pier In New- port Harbor shall be fastened thereto with such lines, at least from both bow and stem, and in such a manner as to assure the security of such vessel. SECTION 10302. Loading or Unloading Explosives. No Person shall load or un- load gunpowder, giant Powder, dyna- mite or any other explosive to or from airy vessel from or upon any Pier Or other vessel In Newport Harbor without first obtaining a Permit so to do from the Fire Chief, and Paying therefor a fee of Twenty -five Da tars ($25.00), and otherwise complying with all the rules and regulations governing the loading and Unloading of explosives. SECTION. 10303. Direct Fueling Pro- hibited. No Person shall fuel airy vessel with any Petroleum Product directly from SECTION IMN. Lights. Every yes, set used for hire while loading or un- loading passengers or crew from a Pier Or from another vessel shall be Pro- • or r with a gangway with until e$ or callings, and from gwa sunset until sun- rise any such gangway shall be lighted adequately to Provide visibility as long as such gangway Is or may be used. SECTION 10305. Donkey Engine: Other Steam Engine. No Person shall use any donkey engine or other steam engine on any Pier or vessel within Newport Harbor in loading or unloading vessels or otherwise without a bonnet or spark arrester attached to the smokestack & such engine so as to prevent sparks from coming into contact with the Pier SECTION 10306. Defective Piers. Upon learning that any pier is in a defective or dangerous condition, the City Man. ager shall immediately so notify the owner or &her Person having charge of the same in writing, requiring such Person or persons to immediately repair It or to put up barriers to Prevent Per- sons from going upon It. If such Person shall fail or neglect to do so, then the City Manager may Place barriers as necessary for the Protection & the Pub He and charge the cost there& to such Person, and it shall be a violation of this Article for any Person to inter- fere with any such barrier. If any pier, or any Portion there&, or any material on such Pier, shall fall Into the waters & Newport Harbor, it a shall be the duty of the owner, agent or lessee of such pier to forthwith re- move the Same from the waters of said Harbor and, if they shall fail to do so, then the City Manager may do so and the cost thereof may be recovered from the owner, agent. Or lessee of such pier In a civil action. SECTION 10307. Maintenance Of Pub- lic Piers. Public piers and other harbor facilities may be maintained by the City for the Purpose of loading and unload- ing passengers, supplies, and boating gear and for similar purposes. It Is the Policy & the City to maintain such facilities in a manner that will Permit the greatest Public use and ayo.d con- tinuous occupancy, congestion or block- ing thereof. Where necessary to achieve Public use and avoid extended occu- pancY, congestion or blocking thereof, the City Manager Is authorized and di- rected t0 Post signs limiting the time during which a vessel may be docked or supplies or gear may be Placed at or on any such Pier or facility to twenty (20) minutes. When such sign is In Place giving notice Of such time limit, no Person shall dock a vessel at any such facility for a period of time longer than twenty (20) minutes or Permit any supplies or gear to remain on such fa- cility far a Period of time longer than SECTION 10308. Obstrumon m I-aam- ties. No Person shall intentionally ob. struct the free access to and departure from any Portion of any Public pier. SECTION 10309. Automoblies and Ve- hicles. No person shall drive any motor vehicle upon any public pier except t0 discharge Or load supplies or passeng- ers to or from a vessel or permit any motor vehicle to remain upon any Such pier except when actually engaged In discharging Or loading Such supplies; or Passengers Vehicles ready t0 load shall have Preference over thane ready to discharge: and m person shall park or stop a vehicle where it blocks the ap- proach to any public pier. SECTION 10310. Exception. Nohvith- staming the provisions of the preceding section, any person having a license from the City to conduct a business an a Public Pier may Dark a vehicle on such pier If he obtains written permis- sion to do so from the City Manager or if such parking Is provided for in a written contract with the City. Chapter 4 HARBOR STRUCTURES SECTION 10400. Permit Required. (a) Structures in Newport Harbor. No Person or agency shall build, main- tain, extend or make structural altera- tions on any building, pier, Piling, bulkhead, sea wall, reef, breakwater. or other structure in, upon or over the waters of Newport Harbor or the Pa- chic Ocean or any other water where the tide ebbs and flows within the City, or do any tilling, excavating or dredging in mid waters or mean, without first obtaining a written Per- mit to do so from the City. (b) Exception. Notwithstanding the provisions of this section, the District may do construction work or fill or dredge within Newport Harbor, or cause the same t0 be done, without such a Permit so long as such work is done pursuant t0 a harbor develop. ment plan on lands not owned by the City or pursuant to a request therefor for Per. bon (a) Application for Permit or Trans- far. Application for any permit or the transfer of any permit required by this Chapter shall be made to the Public Works Director in writing on forms Provided therefor. The permit shall constitute an agreement by the permittee to comply with all condl. ti0ns imposed in the granting of the permit. (b) Plans. The application shall be accompanied by Plans and specltics- ti0ns setting forth in detail the work to be done. (c) Fee. Each application shall be accompanied by a fee In an amount established by the City Council by resolution. Fees shall not be return. able by the City to the applicant wheth. er or not the Permit is granted. SECTION 10402. Processing the APPII. cation. (a) Staff. The application and plans and specifications shall be reviewed by the Public Works Director to de- termine whether the proposed work meets all the requirements of this Code and any standards and policies adopted by the City Council for such construction or work. The Public Works Director without City Council approval Is authorized to approve and Issue permits for new structures and far revision$ t0 existing structures that conform to me Provisions of this Code, standard harbor drawings ap- Proved by the City Council, and Har. bor Permit Policies adopted by the City Council. A separate permit must be obtained from the Department of Building and Safety for any plumbing or electrical work an harbor struc- tures. (b) City Council. Prior approval of the City Council shall be required when the structure far which a per- mit is sought does not comply with this Code and said drawings and Poli- cies and when: (I) The abutting upland Property is a dedicated Public right of way ex. cept along the Grand Canal on Bal. boa island. (2) The abutting upland property Is owned by the City except around Lido Isle and Harbor Island. (3) The abutting property Is zoned commercial. (d) Approved bulkhead lines, pier. head lines or setback Inns do not exist. (5) The structure would affect a de- signated swimming area. (6) Commercial signs are to be in- stalled. (9) More than one slip or float is requested bayward of a single Parcel. (c) Conditions. In granting any such application, the City Council may Im. Pose conditions in the permit which It deems necessary to Protect com- merce, navigation or fishing or the use, operation or development of New- port Harbor. (d) U.S. Corps of Engineers. Prior approval Of the U.S. Corps of Engi- neers will be required when: (1) Work extends beyond the U.S. Pierhead Line. (2) Solid filling or a solid structure Is constructed beyond the U.S. Bulk. head Line. (3) Harbor lines have not been as. tablished in the area by the U.S. Corps of Engineers. SECTION 10403. Revocation of Permit. (a) Grounds of revocation. Any per. mit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon any of the following grounds: (1) The work Or structure has be- come detrimental to commerce, navi- gation or fishing. (2) The work or structure is detri- mental to the use, operation or develop. ment of the Harbor. (3) The work or structure does not comply with the Permit or does not meet the standards adopted by the City Council for such work or structure. (4) The Permittee has failed for a Period of sixty (60) days to Pay the fee or fees heretofore or hereafter Im- posed for the occupancy of tidelands, filled tidelands or Submerged lands Upon which such work or structure ex. Ists. (5) The work or structure has fallen into a state & disrepair. (6) The space occupied by such work or structure is over publicly owned land and such space Is to be devoted to a Public use. (b) Notice and hearing. Any such Wage 2 of 5 • r-j j %% permit shall be cereo voekedhenlly after a public hearing Coun- cil of which the permittee has an Op- PorfunitY to be heard. At least five (5) days' notice of such hearing shall be given in writing by first class mail the With address of the permtfeeeo shown o o on permit, setting out the date, time and place of the hearing. After such hear- ing, the CW Council may revoke —or or in the waters of Newport Harbor, or On or along the shore thereot or the shore of any tidewater within the City. SECTION 10503. Live Bait Receivers, Defined. A live bait receiver is an ob- led tor confining live bait which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means Of an anchor Or Other weight to the bottom or the Harbor or Ocean; ce vera o shal however, r f be deemed a a� r deemed to be a 'structure' within the meaning Of Chapter tallied in or over me were, ^_^ 4 of this Article. port Harbor or the Pacific Ocean with- SECTION 10504. Live Bait Receivers, out a current valid permit existing Requirements. All live bait receivers therefor when required by this Chapter, use within the wafers of Newport Harry or maintained in a manner or for a our. bor shall be provided with screen trays pose other than or ditterent from that in the bottom thereof so as to retain all provided in the permit, shall constitute dead bait within the receiver which a nuisance and shall be immediately can be raised to dispose of said d e ad abated and may be removed. it upon bait. All live bait receivers within the written notice to remove any such s6uOf City shallc also flts have a Scr less or solid fure the owner thereof tails, re neglects to do so within a reasonable ceiver is completely covered by a root. time specified In the notice, being not SECTION 10505. Permit for Bait Re- less than five (5) nor more than thirty ceivers. No person shall install or Op- (30) days after such notice, the City erate within the waters of Newport Har- shall abate or remove if and the cost bor or the Pacific Ocean any bait re- there0t may be recovered from the own- celver without first obtaining a permit er of such structure in a civil action. permifrshall be fissue0i City idlsign Charter S HARBOR SANITATION of the receiver is approved by the Pub - SECTION 10500. person Discharge h Refuse. tic Works Director. All applications for (a) No allow shall Discharge, or permits phe ldetl for herein shall be permit l allow any Omer person o- made to the Public Works Director and a vessel antler his control or cam- sign 0 nisaidb reed veer showing the ifee de- mand to discharge, any human it ant- Twenh tive Dollars ($25.001. coal excrete foci from any head, toilet he Y- similar facility On a vessel Into the SECTION move Nonconforming Bait Re. wafers m Newport Bay. ceivers, Removal Of. elver Storage of live (b) No Person shall throw, eis- bait a re than in a receiver comormog charge, deposit or leave Or cause, ged, A er requirements hereof written nnotice 10 ter si permit ft be thrown, discharged, After three (3) egos' rmng receiver, to deposited or Idpl either from the shore the owner of o ed by the Ci receiver, it a from any pier or vessel Or from may to removed ex the Cfri Manager any factory Or elsewhere, any refuse and sore at the Commercial Of MG owner. matter Of any description, into the noon SECTION 10507. CCatch or furnish Boats. gable waters of Newport Harbor Or on All boats used to catch or furnish live the shore of Newport Harbor Or any bait shall, of all times, have all be of the C wafer Within the a may boundaries a covered l dead in Which shall be 0t the City where the same may be Plats all tleatl bait. Bait tanks On such wash a into Newport Harbor y ti or such oats when containing half shall rt when navigable wafer, either by tides, or by Harbor by all covers which fits Newport Hopes or otherwise. (c) NO Person shall place Or allow over the top except while bait Is ac- vessels, boa, materials, garbage, re- Wally being ITS ts tarred to or from the tuse, timber or waste matter of any tank. description to remain on Or upon the SECTION l D aft oBait, Disposal placed shore lines 0t the Pacific Ocean Or pe on the shore lines of Newport Har- any live or dead halt In the uncoidined bor within the City. The City Manager waters or NmPOrf Harbor except when may remove the same with or without It is attached t0 a heck or hooks In the notice, of his option, and the cost act of fishing. thereat may be recovered from any SECTION 10509. Bait — Sale, Transfer. person owning the same, Or placing No person shall transfer live balt from or causing it to be placed On the one vessel to another vessel or sell the shore line, In a civil action. same at retail from a vessel within the (d) Exception. Notwithstanding the limits of Newport Harbor, except when provisions of subsection (c) hereof, all vessels involved are moored to a vessels not exceeding twelve (12) feet Pier and are within the Plerhead Ito, In length may be kept In the hollowing except that during a Period of adverse areas: conditions of sea or beaches causing (1) The area at shore life lying be. the transfer tram offshore receivers to tween the 151h Street public pier and be hazardous, a location Inside the Har- the northerly Prolongation of the east bor may be used with the approval or line at 151h Street, in which area ves- in, r.n, Manager. sets may be kept only by persons SECTION 10510. Permits, Suspension or owning moorings in those certain Revocation. A permit fora bait receiver mooring areas designated as AS and shall be issued for an indeterminate B -1 on U.S. Coast & Geodetic Survey Period. Any permit for a live bait rn Chart No. 5108. reiver shall be revoked by the City Coun- (2) Tied of the mooring area pro- cil if the receiver is in a state Of dis- vided in the wafer between the north. repair, does not comply with the re- arty Prolongation of the east line of qulremenfs of this Chapter, has become a on said reef, and the public pier source at Pollution or the bay, or Is a m said street, in which area vessels nuisance or becomes detrimental to per - may be kept only by persons own- sons or property in the vicinity. The armoorings In that certain mooring Permiffee shall be given written notice area designated Ch On U.S. Coast of the intention to revoke the Permit S Geodetic Survey 01. Chart NO. Flat SECTION Material. Discharge al Flair- le the an five shown d the permit not maple Material. No person shall Pump less than rive (5) days berthe the In tithe was from any Vessel Or tank matter is fc be considered may by the City ed Into the waters la Newport Harbor, all. Council. Such notice may be delivered vered spirits, or any flammable liquid, or de- to the ail with personally or by first posit ally rubbish, offensive c matter Or anti- clan mete WI}h Postage PhlDdle. Iles of any offensive character thereto Chapter 6 or upon any pier or street Iea0ing to SPECIAL-USE Designation AREAS such SECTION facility. SECTION 10500. Designation of Special - SECTION 10502. Dead Animals. NO Use Area sc Violations. Person shall throw, Defye or leave any (a) thPurr Description. dead animal or pufretYtng matter IMO For the purposes of this Article, the Page 3 of 5 following described area is hereby designated as a Special -Use Area, and only those uses which are set torch by resolution of the City Council shall be permitted in said Area at designated times, and only in the zones specified. That portion or Newport Harbor lying northerly of a line and its Prolongations between Stations 109 and 110 on the line of Ordinary High Tide, as establish- ed in Orange County Superior Court Decree No. 20436, dated May 6. 1926, and recorded In the Orange County Recorder's Office In Book of Deeds, 651, Page 72. (b) Violations. Within said Special -Use Area it shall be unlawful: (1) For any person except a pub- lic Officer in the Performance of his duty to operate a motorboat or vessel at a speed in excess of five (5) nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels Or floating structures, except that such speeds shall be permitted In such zones and during such hours as may be designated by resolution of the City Council. The SPetl, zone areas and hours shall be Posted by the District. (2) For any Person Operating a vessel to tow any obtect, structure, or vessel at a distance in excess of seventy -five (75) feet astern of the towing vessel. (3) For airy Person to engage in swimming Or wading for the Purpose Of recreation except in zones which may be designated as swimming zones by resolution of the City Council or Board for Water areas adi0ining frontage areas maintained under authority of the re- spective legislative body, the limits at which zones shall be Posted by aP- proprlate signs or markings. (4) For any Person to operate a hydrofoil craft In excess or five (5) nautical miles per hour. (5) For any Person to operate a motorboat in areas closed to navigation antl so Posted, except a Public officer In the Performance of his duty. SECTION 10601. Ski Zone Regulations. In zones designated by the City Coun- -11 by resolution as ski zones within the Special -Use Area, it shall be un- awful: (1) For any Person during authorized Skiing hours to operate or cause t0 be placed therein Or thereon any ves. sel other than a motorboat eighteen (18) feet or less in length and with unobstructed operator's view, except public officers on duty and others Pursuant to a special permit to hold a boat race granted under the pro- visions of this Article. (2) For any person to permit the operation of a motorboat in his Pos- session or control by a Person under the age of fourteen (14) Years, or for any person under the age of fourteen (14) Years to operate a moor - beat, While towing any Person Or persons. (3) For any Person to operate a motorboat towing a skier other than In a counterclockwise traffic Pattern, except when specifically directed other- wise by a Public officer or em Ployee engaged in the enforcement at state law or local regulations. (4) For any person operating a motorboat to tow more than two (2) persons of one time or to tow any device, Or arty Person using any de, vice, Other than single or double water skis without hydrofoils Or Other at- tachments. (5) For any person Operating a motorboat to commence towing a water skier against the counterclockwise frat- tic Pattern Or from other than a des- ignated 'fake -oft' area, provided that a water skier may be picked up or launched from another area if the Operator of the motorboat Provldins the tow Yields the right of way to other motorboats within the traffic pattern of the ski area towing a water skier or skiers. (6) For the Observer In a motorboat Whose skier has fallen to tall to im- mediafely raise one arm vertically, Or a flag having an area Of not less than one Square foot and measuring not less than one Not in width and height. to is height of at least two (2) feet above the highest point Of the hull Or superstructure, including any wNdA,leld, and for the Observer in a motorboat approaching a fallen skier to fail to immediately raise one arm vertically upon observing the fal- len skier in the wafer. (7) For am person operating a mo- torboat f0 tow any person at a dist- ance in excess of seventy -five (75) feet from the towing vessel. (8) For any Person to operate a motorboat trailing a loose towline ex. cept when returning immediately t0 a fallen skier. (9) For any person to operate a motorboat that does not have controls enabling if to reverse. SECTION 10602. Speed Zone Regula- tions. In zones designated by the City Cepn- ciby resolution as speed zones within the Special -Use Area, it shall be un- For any person, during roe time BY when the speed zone is in to operate or cause 10 be d therein or thereon any vessel than a motorboat eighteen (18) or less in length and with un. lcled Operator's view, except pub - fficers on duty and others pur- to a special permit to hole a race granted under total regula- For any person to operate a 'boat in other than a counter - wise traffic pattern, except when rically directed otherwise by a : officer Or employee eng3gad in en nforclent of state law or local (3) For any person to Operate a motorboat in excess of the posted speed, except a public officer In the performance of his duty. SECTION 10601. Bay Island Channel- Special -Use Area. The channel lying between Bay Island and Balboa Peninsula is designated as a Special -Use Area. Between June I and September 15 of each year, both dates inclusive, no person shall operate any motorboat Into or through said channel. SECTION 10700. Protected Swimming Areas. The areas of the City in or along Newport Harbor and in or along Me Pacific Ocean hereinafter described shall be 'Protected Swimming Areas ". SECTION 10701. Swimming Area No. 1. Beginning of the point of intersection Of the southerly prolongation Of the easterly line of Marine Avenue, as said Marine Avenue is shown on a map M Section 4, Balboa Island recorded in Miscellaneous Maps, Book 7, Page V. Records of Orange County, with the U. S. Bulkhead Line between U. S. Stations 255 and 256; thence Southerly along Said southerly prolongation of the easterly line of Marine Avenue, a dIS- tance of 96 feet, N the U. S. Pier. head Line; thence westerly along said S. Pierhead line to an Intersection It the southerly prolongation of the Rterly line of Lot 4, Block 1, Of Section 4 Of Balboa Island: thnn.o said U. S. Bulkhead Line; thence east. erly along said Bulkhead Line M the point of beginning. SECTION 10702. Swimming Area No. 2. Beginning of the point Of intersec, Pion of the northerly prolongation of the easterly line of Lot 15, Block 13, Section 3. Balboa Island: as said tract is shown upon a map recorded In Miscellaneous Maps, Book 7, Page 15, with the northerly line Of Lot 'B' of said Section 3, Balboa Island; theme northerly along said northerly prolonga. tion Of the easterly line of Lot 15, to an intersection with the U. S. Bulk- head Line between U. S. Stations 151 and 152; thence westerly along said U. S. Bulkhead Line to an Imersec- Lion with the Northerly prolongation of the westerly line of Lot 15, Block 12, of said Section 3, Balboa Island; thence southerly along said northerly Prolonga- tion, to an intersection with said northerly line of Lot 'B'; theme east. erly along said northerly line of Lot 'B', to the Point of beginning. SECTION 10703. Swimming Area No. 3. Beginning at the most northerly corner of Lot 40, Tract 756, as shown upon a map, recorded in Miscellaneous Maps, Book 23, Pages 7 and 8, Rec- ords of Orange County, California; thence northeasterly along the north- easterly prolongation of the northwest- erly line of said Lot 40, to an imer. section with the U. S. Pierhead Line; theme southeasterly along said U. S. Pierhead Line to an intersection with the northeasterly prolongation of the southeasterly line of 'N' street. as shown on said Tract No. 756; theme southwesterly along said norheasterlY prolongation to the northeasterly line of said Tract No. 756; theme north. westerly along said northeasterly line of Tract No. 756 to the Point Of be- giming. SECTION 10704. Swimming Area No. 4. Beginning at the point of intersection Of the northeasterly line of Shell Street and southeasterly line of Fernleaf Ave- nue, as said streets are shown upon a map of Corona del Mar, recorded in Miscellaneous Maps, Book 3, Pages 41 and 42, Records of Orange Lnpnty. California; theme southwesterly along said southeasterly line of Fernleaf Ave, nue and the southwesterly prolongation thereof, to an intersection with the line of Mean High Tide, as described In Superior Court Case No. 23688. it and for the Superior Court of Orange Count. ty, California; theme northerly along said Mean High Tide Line to an In. tersection with the northwesterly ine of Dahlia Avenue, as shown upon said Map of Carona del Mar; theme north. easterly along said northwesterly line along Pic- of SECTION 10705. Swimming Area No. S. Beginning at a point in the U. S. Bulkhead Line between the U. S. Station 116 and U. S. Station 117, said point of beginning being 50 fret southeast- erly Of the southeasterly line of 10th Street; thence southeasterly along said U. S. Bulkhead Line a distance Or 200 feet; thence northeasterly parallel to said 10th Street to an intersection with the U. S. Pierhead Line; thence north- westerly along said U. S. Pierhead Line a distance of 200 feet; thence South. westerly to the point of beginning. SECTION 10706. Swimming Area No: 6. Beginning of a point in the East Jetty of Newport Harbor 450 feet south- erly of the Mean High Tide Line of the Pacific Ocean; thence easterly parallel to and 450 feet southerly of said Mean High Tide Line. a distance Of 1,450 fret; thence due north to an Intersection with said Mean High Title Line; thence westerly along said Mean High Tide Line to the East Jetty; thence southerly along said East Jetty to the point of beginning. SECTION 10707. Swimming Area No. 7. Beginning at the most northerly corner of Lot 4, Block 218, as shown upon a map of Section 'B', Newport Beach, recorded in Miscellaneous Maps, Book 4, page 27, records Of Orange County. California; thence southeasterly along the northeasterly line of said Lot a distance of 65 feet; thence northeast- erly at right angles to said northeast- erly line t0 a point In a one lying northeasterly of, parallel to, and dis- tant 5o feet from the said northeast- erly line of Lot 4, Said point being the true point of beginning; thence can - tinuing northeasterly at right angles to said northeasterly line f0 an intersec- tion with the U. S. Plerhead Line; thence southeasterly along said Pierhead Line to an Intersection with the north- easterly prolongation of the northwest- erly line of Lot 17, of said Block 218; theme southwesterly along said north- easterly prolongation to an Intersection with the aforementioned parallel line; theme northwesterly along said parallel line to the true point of beginning. SECTION 10708. Swimming Area NO. & Beginning of the point of intersec- tion of the northeasterly prolongation of the northwesterly line of Lot 17, Block 218, as Shown upon a map of Section B', Newport Beach, recorded in Mis- cellaneous Maps, Book 4, page 27, rec- ords of Orange County, California, end the U. S. Plerhead Line; thence south. easterly along said U. S. Pierhead Line to an intersection with the northeast. erly Prolongation Of the northwesterly line of 17th Street as shown upon a map of said Section 'B'; thence South. westerly along said northeasterly Pro- longation Of 1Rh Street t0 an Intersec- tion with a line lying parallel to and cilstam 310 feet from and northeasterly of the northerly line of Balboa Boule- prolongation Of of Lot 17 to the SECTION 10709., Swimming Area No. 9. Beginning at the point of Intersec- tion of the southeasterly line of Gold. enrod Avenue as shown upon a neap of Corona del Mar, recorded in Mls. cellaneous Maps, Book 3, pages 41 and 42, records of Orange County, Callforn. la, and the Mean High Tide Line of the Pacific Ocean; thence easterly and southerly along Said high tide line to an intersection with the southwesterly line of Shore Avenue as shown upon said Map of Corona del Mar; Inence northwesterly alone said southwesterly line of Shore Avenue to an intersection with the southwesterly prolongation of the northwesterly line of Goldenrod Avenue as shown upon said map of Corona del Mar; theme northeasterly along said southwesterly prolongation and along the northeasterly line of said Goldenrod Avenue to an intersection with the high fide line of the Pacific Ocean; thence easterly along said high tide line to the point of beginning. SECTION 10710. Swimming Area No. 10. Beginning at a point Of Intersec- tion of the Mean High Tide Line of the Pacific Ocean and the southwester. ly prolongation of the northeasterly line of Poppy Avenue, as shown upon a map of Tract No. 673, recorded in Miscellaneous Maps, Book 20, pages 17 and 18, records of Orange County. Cal) - fornia; thence southwesterly along the southwesterly prolongation of the north. easterly line of said Poppy Avenue a ice of 200 fret; theme easterly a line lying parallel to and dls- 200 feet southerly of said Mean Tide Line to an Intersection with southwesterly Prolongation of the easterly line of Beach Drive as I upon a map of said Tract No. thence northeasterly along the pesterly prolongation of the north - 9Y line of said Beach Drive to ntersection with said Mean High Line; theme westerly along said High Tide Line to the point of SECTION 10720. Limitation an Use of Protected Swimming Areas. When lines and floats or buoys are In place out- lining protected swimming areas, whets. er designated by the City or County, no person shall operate, drive, navi- gate, use or possess within, or fake, drive, propel or permit to drift Into a protected swimming area any vessel, surfboard, skid board skimmer board, ski, paddleboard, canoe or similar ob- lect made entirely or partially of wood. metal, glass, hard plastic or any other hard substance. There is excepted from the provisions of this section the use Of a Surfboard, paddleboard, or similar device, in that portion of airy protected swimming area which is designated is surfing area dur- ing the hours surfing Is permitted 'age 4 of 5 herein. SECTION 10721. Prohibited Swimming Areas. It shall be unlawful for am to be In any portion of the main mchannel or entrance channel of Newport Harbor from the harbor entrance W the turn- ing basin, as the same are shown on the U. S. Harbor Line Map File NO 958, Los Angeles District U. S. Army Engineers am as shown on U. S. Coast & Geodetic Survey Chart No. 5108 on file in the District Office. SECTION 10722. Skin Diving and Swimming in Entrance to Newport Her- bar Prohibited. No person shall wade, bathe. skin dive, or swim in the follow - in0 described area at the entrance ro Newport Harbor: Beginning at a point of intersection of the southerly line of Shore Avenue as shown upon a map of Corona del Mar, recorded in Miscellaneous Maps, Book 3, pages 41 and 42, rec- ords of Orange County, California, and the centerline of the East Jetty. thence southerly along the centerline of the East Jetty to the end of said ietry, thence southerly along a line parallel to the southerly Prolonga- tion of the centerline of the West Jetty to a point 500 yards tevond the end of the East Jetty, thence westerly along a line perpendicular to said centerline IN the West Jetty to an intersection with she crn,onga. tion of the centerline M the West Jetty, thence northerly along Said can. terline of the West Jetty and its Pro- longation to the southerly line of Lot 1, Block P. of Tract 518, recorded in Miscellaneous Maps, Bo.'K 17, pages 33 and 34, records of Oran3e Lounty, California, thence easterly across the channel to the point of beginning. SECTION 10723. Prohibited Areas for Certain Types of Vessels. It shall be unlawful for any person to operate any paddleboard, kayak, Pedalo, life raft or similar type of craft used for the trans. portation of persons in any portion of the main channel or entrance channel of Newport Harbor as defined in Section 10722. SECTION 5. This ordinance shall be published once In the official newspaper of the city, and the same shall be et. fective 30 days after the date of Its adoption. This ordinance was introduced at a regular meeting of the City Council of the City M Newport Beach held on the 81h day of June. 1964, am was adopted on the 24th day of August. 1%4, by the following vote, to wit: AYES, COUNCILMEN: Parsons, Marshall, Elder, Gruber, Cook, FOMIt, Stoddard. NOES, COUNCILMEN: None. ABSENT COUNCILMEN: None. PAUL J. GRUBER MAYOR ATTEST: MARGERY SCHROUDER CITY CLERK Published Newport Harbor News - Press. Newport Beach. Calif. ,Aug 31, 1964 1136-64 STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) 1 Willi . am .M.3chmidt , being first duly sworn and on oath, depose and say that I am the Adve_rii.83ng ...... Man... ager of the Newport Harbor News Press DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and thafCity Ordinance Number 1090 of which the copy printed hereon is a true and com- plate copy, was printed and published in the regu- lar issue (s) of said newspaper on Auguat 31 .............. ............................... 196 ....._-... ......._....._-------- tl._ ----- . ...._......._ ................ ...................... Subscribed and sworn to before me this .L.3.1 8t O day of - us ...... t 196.......7 ... Notar u tic in and fNr the County of (%rancitil, State of California JOSEPH E. DAVIS My Commission expires MY Commission Expires Lunn 21_, 1M STATE OF CALIFORNIA COUNTY OF ORANGE )SS. CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that the foregoing oin .......... Ordinance. ............................. ............................... ..... No. ,1090 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 . N4;4 ....... day, of .... -. AuYu SX ..... ............................... 19 M'... by the following vote: AYES: COUNCILMEN ..,Sgoddard For it Cook Gruber9 glder2 Marshallp ........ ? nsOnS ............................................... ............................... NOES: COUNCILMEN None ABSENT: COUNCILMEN ............ None ....................... ............................... Dat3d.tbi5,...1Ot11... day of ..........DDecember . ............................... 19 �!''.... City Clark of he Cil of Newport Beach, Stele of California