HomeMy WebLinkAbout89-7 - Adding Chapter 17.23 to Newport Beach Municipal Code Pertaining to Restrictions on Persons Living Aboard Vessels On Offshore MooringsORDINANCE NO. 89 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING CHAPTER 17.23 TO THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO RESTRICTIONS ON
PERSONS LIVING ABOARD VESSELS ON OFFSHORE
MOORINGS.
isThe City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: Chapter IT.23 of the Newport Beach
Municipal Code is added to read as follows:
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CHAPTER 17.23
RESTRICTIONS ON PERSONS LIVING ABOARD
VESSELS IN NEWPORT HARBOR
Sections:
Section 17.23.005.
Section 17.23.010.
Section 17.23.020.
Section 17.23.025.
Section 17.23.030.
Section 17.23.035.
Section 17.23.040.
Section 17.23.045.
Section 17.23.050.
Section 17.- 23.055.
Section 17.23.060.
Section 17.23.065.
Section 17.23.070.
Section 17.23.075.
Section 17.23.080.
Section 17.23.085.
Section 17.23.005.
Purposa.
Definitions.
Permit Required.
Application for Live
Aboard.
Issuance of Permit.
Term /Renewal.
Conditions /Regulations.
Use of Pumpout Facilities.
Compliance with Law.
Discharge Log.
Limitation on Number of
Permits.
Transfer Prohibited.
Revocation /Cancellation.
S u s p e n s i o n a n d
Revocation.
Procedure for Revocation.
Appeal.
Purpose.
The City Council of the City of Newport Beach finds
and declares as follows:
A. Newport Harbor is a heavily -used marine
recreational area with thousands of residents living in close
proximity to the water;
B. Heavy recreational use of the harbor has
contributed to a deterioration in water quality and the City is
engaged in an ongoing effort to reduce the amount of human fecal
matter discharged into the Bay;
C. Persons living aboard vessels assigned to
offshore moorings are required to utilize the vessel's marine
sanitation device and this presents a risk of discharge of human
fecal matter into the Bay in violation of local, state and federal
laws;
D. Persons living aboard vessels assigned to
offshore moorings are frequently closer to residences than vessels
berthed in commercial marinas, and, if the number of live - aboards
is unregulated, there is a risk that noise generated by live -
aboards on offshore moorings could disturb significant segments of
these residential areas;
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E. Persons living aboard vessels on offshore
moorings do not have access to landside support facilities such as
parking spaces, trash disposal and other amenities normally
associated with residential uses and, an increase in the number of
live - aboards, if unregulated, could increase the demand for
already scarce waterfront parking space, and increase the amount
of trash and debris deposited in the Bay; and
F. Currently, live - aboards occupy
approximately thirty (30) vessels assigned moorings in Newport
•Bay, and a limit on the number of live- aboard vessels is necessary
to minimize the potential for discharge of raw or treated sewage,
limit the discharge of "gray water," and minimize the potential
impact on nearby residential properties.
G. This ordinance will promote the public
health, safety and welfare by regulating the number of persons
living aboard vessels on offshore moorings and insuring, to the
extent possible, that this residential use does not result in the
discharge of human waste or otherwise adversely impact the health,
safety and welfare of those that visit, work around, or live near,
the Bay.
Section 17.23.010. Definitions.
A. "Newport Bay" ( "Newport Harbor Bay "). The
terms "Newport Bay," "Newport Harbor" and "Bay" shall mean all
water area within Lower Newport Bay (southerly of Pacific Coast
Highway) including all of the area Bayward of the bulkhead lines
or, if no bulkhead lines have been established, Bayward of the
line of mean high tide.
B. "Offshore Mooring." A single or double
buoy, weight and chain installed for the purpose of berthing a
vessel as provided by Chapter 17.22 of the Newport Beach Municipal
Code.
C. "Marine Director" will mean the Marine
Director of the City of Newport Beach or the person designated by
the Marine Director to act in his or her capacity.
D. "Live- aboard" shall mean any person who
uses a vessel assigned to an offshore mooring (other than a guest
mooring) as a domicile as that term is defined in Section 200 of
the Elections Code of the State of California.
Section 17.23.020. Permit Required.
No person shall live- aboard any vessel assigned to an
offshore mooring without first having obtained a live- aboard
permit from the Marine Director. No person shall live- aboard any
vessel on an onshore mooring in Newport Harbor. No live- aboard
permit shall be issued except to a person holding a valid mooring
permit issued pursuant to Chapter 17.22 of the Newport Beach
Municipal Code.
Section 17.23.025. Application for Live - Aboard
Permit.
An application for live- aboard permit shall be filed
with the Marine Director upon forms provided by the City and shall
contain the following information:
A. The name of the permittee and the name or
names of all individuals to be living aboard the vessel;
B. All pertinent information relative to the
vessel including, but not necessarily limited to, the name of the
vessel, the registration number of the vessel assigned by the
Department of Motor vehicles or the united States Coast Guard, the
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make and model of the vessel, the length of the vessel;
C. The make, model, and holding tank capacity
of the marine - sanitation device installed in the vessel;
D. The address and phone number where the
permittee or other adult living- aboard can be contacted during
regular work hours or when not occupying the vessel;
E. Other information the Marine Director
reasonably believes is necessary or helpful to the efficient
administration of the provisions of this chapter.
Applications will be accepted only from persons holding a valid
mooring permit issued pursuant to Chapter 17.22 of the Newport
Beach Municipal Code. All applications shall be accompanied by a
fee established by resolution of the City Council, but the fee
shall not exceed the cost to the City of administering this
ordinance. The submittal of an application for live- aboard shall
be deemed consent by the owner of the vessel to any inspection
necessary to confirm the accuracy of the information in the
application.
Section 17.23.030. Issuance of Permit.
Upon receipt of an application for a live- aboard
permit, the Marine Director shall investigate the information
contained in the application. The Marine Director shall deny the
application if:
A. The vessel which will serve as the
principal residence is not equipped with a fully - operational
sanitation device sufficient in capacity to insure no discharge of
human waste into the harbor; and,
B. Approval of the application would result in
live- aboard permits in excess of the limitations provided by this
chapter;
C. Issuance of the permit, given the specific
circumstances of the application, would significantly impact
persons residing, working or visiting the Bay.
D. The vessel is incapable of safely
maneuvering under its own power, whether by sail or engine, from
the mooring to the open waters of the Pacific Ocean and back to
the mooring.
Section 17.23.035. Term /Renewal.
A. Permits issued pursuant to this chapter
shall be valid for a term of twelve (12) months. Applications for
the renewal of any permit shall be submitted at least sixty (60)
days before expiration of the permit, on forms supplied by the
City, and shall specify any changes to the information provided on
the original application for a permit.
B. The application for renewal shall be denied
for any of the reasons specified in Section 17.23.030; the
permittee has failed to comply with any provision of this chapter
during the term of the permit; or the permittee has failed to use
the vessel as permittee's domicile during a substantial portion of
the previous term of the permit.
C. The issuance of a live- aboard permit
pursuant to this ordinance does not create any tenancy between the
City and permittee or other persons living aboard, nor does it
create any property right in permittee or other persons living
aboard the vessel.
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Section 17.23.040. Conditions /Regulations.
A. The Marine Director may impose such
conditions on the permit as are reasonably necessary to insure
that the activities of the permittee comply with the provisions of
this chapter.
B. The Marine Director shall have the power to
promulgate rules and regulations to insure that the purposes of
this ordinance are satisfied. Each permittee shall comply with
these rules and regulations. Compliance shall be considered a
condition to each live- aboard permit.
Section 17.23.045. U s e o f P u m n o u t
Facilities.
Permittees shall use pumpout facilities on a regular
basis or otherwise discharge human waste in a legal manner. The
permittees and others living aboard pursuant to permit shall not
deposit any garbage or trash in the Bay or on property
surrounding the Bay except in trash receptacles owned and
maintained by the City of Newport Beach.
Section 17.23.050. Compliance with Law.
The permittee, and others authorized to live- aboard
any vessel, shall comply with all applicable state and federal
laws, the provisions of the Newport Beach Municipal Code, the
Harbor Policies promulgated by the City Council, and all
conditions, express and implied, to the permit. Failure to comply
with these laws, ordinances, or policies shall constitute grounds
for revocation of the permit.
Section 17.23.055. Discharqe Lo
Each permittee shall maintain a log relative to the
use of pumpout facilities. The log shall contain the date, time,
and location waste was discharged. The discharge log shall be
available for inspection by the Marine Director, or his designee,
at all reasonable hours and upon request. The log shall be
submitted to the Marine Director in conjunction with any
application for renewal of a permit.
Section 17.23.060. Limitation on Number of Permits.
A. Except as provided in subsection B, the
number of live- aboard permits in effect at 'any given time shall
not exceed seven (7 %) percent of the number of offshore mooring
permits issued by the City pursuant to Chapter 17.22.
B. Any person or persons living aboard a
vessel assigned to an offshore mooring as of the date that this
ordinance was adopted may continue to live- aboard the vessel, and
receive a permit pursuant to this chapter without regard to the
limit on number of permits specified in subparagraph A, provided:
1. The person or persons apply for a
live- aboard permit within sixty (60) days from the effective date
of this ordinance;
2. The person or persons are entitled to
a permit pursuant to this chapter, and specifically pursuant to
the provisions of Section 17.23.030; and
3. The permit, once issued, is
thereafter continuously in effect.
C. The Marine Director
waiting list of persons who wish to apply
permit. The waiting list shall consist solely
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shall establish a
for a live- aboard
of persons who hold
valid mooring permits issued pursuant to the provisions of Chapter
17.22 of the Newport Beach Municipal Code. Any person who sells
or transfers the vessel, or any ownership interest in the vessel,
assigned to a mooring shall be removed from the waiting list. In
the event the number of live- aboard permits falls below the limit
specified in subparagraph A, the Marine Director shall notify the
person or persons next in order on the waiting list of the vacancy
or vacancies. The notice shall specify that applications will be
accepted for thirty (30) days after the date of the notice, and
that failure to apply within the thirty (30) day period will
result in removal of that person or persons from the waiting list.
Notice shall be deemed given when deposited in the United States
mail, with the first class postage prepaid, and addressed as
specified by the person or persons on the waiting list. City
shall not be liable for a failure to notify any person or persons
on the waiting list since placement on the list does not create
any property right in any person or persons on the list nor any
contractual obligation on the part of the City. An application
for placement on the waiting list shall be accompanied by a fee
established by resolution of the City Council, but in no event
shall the fee exceed the cost of administering the waiting list.
Section 17.23.065. Transfer Prohibited.
No person shall transfer, assign, sell or convey a
live- aboard permit. Any attempt to transfer, sell, convey or
assign a live- aboard permit shall be a violation of this chapter
and grounds for revocation of the permit.
Section 17.23.070. Revocation /Cancellation.
The City has reserved the right to cancel mooring
permits under certain circumstances. Any permit issued pursuant
to this chapter shall be deemed cancelled in the event of the
revocation or cancellation of the mooring permit issued pursuant
to Chapter 17.22 of the Newport Beach Municipal Code.
Section 17.23.075. Suspension and Revocation.
A. Any permit granted pursuant to this chapter
may be revoked by the Marine Director upon a determination that:
1. The permittee has violated, or failed
to comply with any of the provisions or requirements of this
chapter, or the provisions of Title 17 of the Newport Beach
Municipal Code;
2. The permittee has discharged raw or
treated sewage into the Bay or otherwise violated the provisions
of Section 17.23.050 of this chapter.
3. Permittee has failed to pay any fee
required to be paid pursuant to the provisions of this chapter
and /or resolution of the City Council;
4. The permittee, or any person on the
vessel, has engaged in conduct which has unreasonably interfered
with the health, safety, welfare, or peace of any person.
Section 17.23.080. Procedure for Revocation.
In the event the Marine Director.determines there may
be grounds for revocation of a permit issued pursuant to this
chapter, the Marine Director shall give notice of intent to revoke
the permit and the right of the permittee to request a hearing
before the Marine Director within fifteen (15) working days from
the date on which notice is given. The notice shall state the
reason for the proposed revocation and shall be accompanied by any
documents in the possession of the Marine Director that pertain to
the grounds for the proposed action. Notice shall be deemed given
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when:
1. Deposited in the United States mail, first
class, postage prepaid, and addressed to permittee at any mailing
address specified on the application for permit;
2. Personally delivered to permittee; or
3. Affixed to permittee's vessel in a
conspicuous location, or any combination of the foregoing.
If the permittee does not request a hearing within fifteen (15)
working days, the decision of the Marine Director shall be final
and permittee shall not be entitled to appeal to the City Council.
In the event the permittee requests a hearing, the Marine Director
shall notify the permittee of his or her decision within fifteen
(15) working days after the hearing, specifying the reason or
reasons for the decision, and advising permittee of his or her
right to appeal the decision to the City Council.
Section 17.23.085. Appeal.
A decision of the Marine Director to revoke a permit
issued pursuant to this chapter may be appealed to the City
Council by the permittee. The appeal shall be filed within
fifteen (15) days after the date after notice is given of the
Marine Director's decision. The City Council may hear the appeal,
or may appoint a hearing officer to take evidence, and submit
findings and recommendations. The City Council shall render its
decision within thirty (30) days after the hearing or submittal of
findings and recommendations by a hearing officer. The decision
of the City Council shall be final.
Section 2: The City Clerk shall cause the same to be
published once in the official newspaper within fifteen (15) days
after its adoption.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 13th day of February, 1989, and adopted on the 27th day of
February, 1989, by the following vote, to -wit:
ATTEST:
AYES, SANSONE, PLUMMER, STRAUSS, HART,
WATT
NOES, NONE
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