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HomeMy WebLinkAbout89-9 - Adding Chapter 11.17 to Newport Beach Municipal Code Regulating Operation and Launching of Vessels Along Pacific Ocean• ORDINANCE NO. 89 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 11.17 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING THE OPERATION AND LAUNCHING OF VESSELS ALONG THE PACIFIC OCEAN. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Chapter 11.17 is hereby added to read as follows: Chapter 11.17 Regulation of Vessels Along The Pacific Ocean Section 11.17.005 Purpose and Intent. Section 11.17.010 Definitions. Section 11.17.020 Vessel Launching and Operation Prohibited. Section 11.17.030 Exceptions. Section 11.17.040 Vessel Storage Prohibited. Section 11.17.050 Penalty. Section 11.17.005. Purpose and Intent. The City Council of the City of Newport Beach finds that: A. Recreational use of the Pacific Ocean is heaviest in the surf zone and the area immediately beyond the surfline (nearshore zone); B. The most common recreational activities in the nearshore zone are swimming, wading, body surfing, surfing, and sailboarding; C. Children and young adults frequently engage in recreational activities in the nearshore zone; D. The operation of vessels in the nearshore zone is incompatible with swimming, surfing, and similar activities in that: i. The operators of vessels may find it difficult to see and /or avoid persons swimming beyond the surfline; ii. Large swells or waves in the nearshore zone may make it difficult to maneuver vessels so as to avoid swimmers, body surfers and others; iii. The operators of vessels have the capability to operate at speeds which make it difficult or impossible to avoid 1 contact with swimmers, body surfers and surfers; iv. Vessels are typically equipped with props or other objects which create the risk of serious injury in the event of any contact between swimmers, body surfers or surfers; V. Vessels frequently generate noise and fumes that • disturb swimmers, surfers and beach users. E. The creation of a special use zone will separate vessels from swimmers and surfers thereby reducing risk of injury and minimizing the adverse impact of noise and pollutants on the beach environment. F. The Dory Fisherman's Fleet should be allowed continued access to the sea from the beach because the Fleet has operated from the area north of the Newport Pier since the early 1900s, the Fleet and the area within which it operates have been designated a historical landmark by the Newport Beach Historical Society, the preservation of the Dory Fisherman's Fleet is encouraged by City plans and policies and the operations of the Dory Fisherman's Fleet are controlled to minimize any potential conflict with surfers, swimmers and other beach users. G. Vessels owned by governmental entities frequently must operate within the nearshore zone to assist in rescue opeations, protect public safety, repair or maintain government equipment, or conduct scientific experiments. H. On rare occasions, sporting events involving vessels may seek use of the beach or the Special Use Zone at unusual hours of the day or night and the potential conflict with beach users can be avoided through imposition of special conditions or restrictions. Section 11.17.010. Definitions. For the purposes of this Chapter, the following definitions shall apply. A. Oceanfront Beach. All public land owned or controlled by the City of Newport Beach, including tidelands and uplands, which fronts, in whole or in part, on the Pacific Ocean, exclusive of the area described in Chapter 17.12 of the Newport 2 Beach Municipal Code. B. Special Use Zone. All waters of the Pacific Ocean which abut any Oceanfront Beach and are inshore of the line connecting, in sequence, the following points: Point A - A point along the West Harbor Jetty that is 0 800 feet inshore from the light at the end of the Jetty; Point B - A point 300 feet south - southwesterly of the end of the Balboa Pier on a line prolonged from the center line of the Pier; Point C - A point 300 feet southwesterly of the end of the Newport Pier, on a line prolonged from the center line of the Pier; Point D - A point along a line prolonged from the east side of 50th Street and 1600 feet south - southwesterly of the north curbline of Seashore Drive at its intersection with 50th Street; Point E - A point along a line prolonged from the east side of Summit Street and 1600 feet south - southwesterly from the north curb line of Seashore Drive at its intersection with Summit Street. C. Vessel. All watercraft, including boats and personal watercraft, that are required to be numbered pursuant to the provisions of the Vehicle Code of the State of California. Section 11.17.020. Vessel Launching and Operation Prohibited. A. No person shall launch a vessel from any Oceanfront Beach, except in those areas designated by resolution of the City Council. B. No person shall operate a vessel in the Special Use Zone, except in those areas designated by resolution of the City Council. C. No person shall operate a vessel in any protected swimming area as specified in Chapter 11.12 of the Newport Beach Municipal Code. Section 11.17.030. Exceptions. The provisions of this Chapter shall not apply to: 3 A. Any vessel owned, operated by or under contract to the United States, any state or any political subdivision of any state. B. Activity involving vessels if authorized pursuant to a permit issued in accordance with the provisions of Chapter 5.10 10 of the Newport Beach Municipal Code and approved by the City Council. • C. The launching or operation of any vessel within the Dory Fishermen Fleet in the area between the Newport Pier and the prolongation of the westerly boundary of the Dory Fishermen Storage Shed. Section 11.17.040. Vessel Storage Prohibited. A. No person shall store any vessel or trailer on any Oceanfront Beach. B. No person shall place, leave or store any vessel or trailer on private property without the express consent of the owner or other person having control of the property. Section 11.17.050. Penalty Any person violating the provisions of this Chapter shall be guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010(A) of this Code. Section 2: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of May , 1989, and adopted on the 12th day of June 1989, by the following vote, to -wit: AYES, COUNCILMEMBERS TURNER, SANSONE, PLU10ER, STRAUSS, HART, COX, WATT NOES, NONE ABSENT COUNCILMEMBERS NONE �d"0