HomeMy WebLinkAbout94-33 - Amending Sections 5.18.005 Through 5.18.040 of the Newport Beach Municipal Code Relating to Marine Charter PermitsORDINANCE NO. 94 -33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTIONS 5.18.005 THROUGH
5.18.040 OF THE NEWPORT BEACH MUNICIPAL CODBr
RELATING TO MARINE CHARTER PERMITS
Section 1: The City Council of the City of Newport Beach
ordains that Sections 5.18.005 through 5.18.040 of the Newport
Beach Municipal Code shall be amended to read as follows:
Chapter 5.18
Sections:
5.18.005
5.18.010
5.18.020
5.18.025
5.18.030
5.18.035
MARINE CHARTER PERMIT
Purpose and Findings.
Definitions.
Permit Required- Violations
Exceptions
Application for Permit
Marine Charter Filing Fee
5.18.040 Issuance of Permit
5.18.045 Conditions
• 5.18.050 Indemnification
5.18.055 Transfer Prohibited
5.18.060 Penalty
5.18.005 Purpose and Findings.
The City Council of the City of Newport Beach, in adopting the
ordinance codified in this Chapter, finds and declares as follows:
A. Newport Bay is a limited resource with a large marine and
recreational use.
B. In the past few years, there has been a dramatic increase
in the number of charter vessels operating in Newport Bay;
1. Many of these vessels are owned or operated by
• persons who do not have a fixed base of operation on or near the
Bay that can provide the parking or sanitation facilities necessary
to serve their clients and customers;
C. Charter activities will, if unregulated, continue to
increase the demand for available waterfront parking that is
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already in short supply which will increase traffic congestion in
the water from areas, continue to generate levels of noise which,
on occasion, have interfered with the many residents who live on
the Bay, and continue to present a risk of direct discharge of
waste into the Bay;
D. The requirements of the Chapter are necessary to minimize
the traffic congestion, parking shortages, excessive noise, and the
discharge of waste that could result from unregulated charter
activity.
E. The charter activities not regulated by Chapter 17.41 and
this Chapter are those which involve so few people as to have only
a minimal impact on the traffic, parking and noise problems
associated with other charter activities.
F. Charter activities on Newport Harbor demand additional
City services which are not paid by the patrons or passengers of
charter vessels operating in a commercial capacity of the Harbor.
• Section 5.18.010 Definitions.
For the purpose of this Chapter, the following definitions
shall apply:
A. "Bareboat charter" shall mean any vessel not inspected by
the United States Coast Guard under Title 46 of the Code of Federal
Regulations and which has been chartered for consideration.
B. "Charter" shall mean any vessel inspected by the United
States Coast Guard under Title 46 of the Code of Federal
Regulations and which has been chartered for consideration.
C. "Chartered for Consideration" shall mean a vessel which
has been hired or leased by the owner, directly or through a
representative, to any person for a voyage in exchange for the
payment of money, the receipt of something of value, or the
• forgiveness of a debt.
D. "Commercial fishing vessel" shall mean a vessel
registered by the Department of Fish and Game pursuant to Section
7880 of the Fish and'Game Code of the State of California, when
operating under the authority of the Fish and Game permit outside
Newport Harbor.
E. "Sailing club" shall mean an organization operating from
a fixed location and principally engaged in the coordination or
facilitation of the use of pleasure boats by its membership.
F. "Applicant" shall mean the owner of the vessel or
• authorized representative of the owner.
G. "Sportfishing charter" shall mean a vessel chartered
solely for sportfishing outside of Newport Harbor.
H. "City Manager" shall mean the City Manager of the City of
Newport Beach, or his or her respective assignees.
I. Revenue Manager shall mean the Revenue Manager of the
City of Newport Beach or his or her designee.
J. "Newport Bay" shall mean all waters within the corporate
limits of the City of Newport Beach and within which the tide ebbs
and flows, whether or not the ordinary or mean high tide of the
Pacific Ocean has been fixed by ordinance, statute, court action or
otherwise, and whether or not the lands lying under the tidal water
are privately or public owned.
K. "Person" shall mean an individual, proprietorship, firm,
partnership, joint venture, syndicate, business trust, company,
corporation, association, committee or any other organization or
group of persons acting in concert.
L. "Harbor Inspector" shall mean the Harbor Inspector of the
City of Newport Beach, or his or her designee.
M. "Operator" shall mean the person who operates or who has
charge of the navigation or use of a vessel.
N. "Passenger" shall mean every person, other than the
master and a member of the crew or other persons employed or
engaged in any capacity on board a vessel in the business of that
vessel.
• Section 5.18.020 Permit Required - Violations.
A. No person shall operate any bareboat charter or
certificated charter on the waters of Newport Bay without first
obtaining a Marine Charter permit pursuant to this Chapter.
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B. No person shall schedule, arrange, or coordinate the
operation of a bareboat charter or certificated charter on the
waters of Newport Bay without first obtaining a Marine Charter
Permit pursuant to this Chapter.
C. No person who owns a certificated vessel (a vessel
• inspected by the United States Coast Guard pursuant to Title 46 of
the Code of Federal Regulations) shall permit or allow the use of
the vessel as a certificated charter on the waters of Newport Bay
without first obtaining a Marine Charter Permit pursuant to this
Chapter.
D. No person shall operate a bareboat charter or
certificated charter on the waters on Newport Bay without having a
valid Marine Charter Permit on board the vessel at all times during
the charter.
E. No owner of a vessel shall permit that vessel to be used
as a bareboat charter on the waters of Newport Bay unless a Marine
Charter Permit has been issued for the bareboat charter.
• Section 5.18.025 Exceptions.
The provisions of this Chapter shall not apply to the
following:
A. Any vessel operating pursuant to, and in compliance with
conditions of, a valid permit issued pursuant to Chapter 17.41 of
the Newport Beach Municipal Code;
B. Any commercial fishing vessel traversing the waters of
Newport Bay to engage in commercial fishing or other operations
outside of Newport Bay.
C. Vessels operated by a sailing club while carrying six or
fewer passengers, provided at least one of the passengers is a
member of the sailing club;
D. Sportfishing Charters;
E. Any Charter carrying six or fewer passengers;
F. Vessels used solely for the purpose of boat repair,
maintenance or marine construction.
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Section 5.18.030 Application for Permit. Application for permit
pursuant to this Chapter shall be filed with the Revenue Manager
upon forms provided by the City and shall contain the following
information:
A. The name, business address, and business telephone number
• of the applicant;
B. The name, address and telephone number of the vessel
owner;
C. 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 make and model
of the vessel, the length of the vessel, and any unique or special
features of the vessel;
D. A full description of the proposed charter including:
1. The hours of operation,
2. The route or routes of travel,
3. Maximum number if patrons or passengers,
• 4. Embarkation and demarkation points,
5. Activities to be conducted on board the charter,
including any entertainment,
6. Description of any sound amplification proposed to
be used,
7. Description and location of the parking facilities
available for the charter, including any written agreement pursuant
to which the applicant has obtained the right to the parking
facilities, and the method by which the applicant proposes to
notify all passengers or patrons of the requirement that they park
in the designated area,
8. A description of the manner in which the applicant
• intends to dispose of all sewage, trash and litter resulting from
the charter, and
9. Other information which may be pertinent to
vehicular or marine traffic, parking, noise, pollution, litter or
any other matter which could adversely affect the health, safety or
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welfare of those who use, enjoy, or own property near the waters of
the Newport Bay;
E. Such other information as the Revenue Manager deems
reasonably necessary to determine whether to issue a permit;
F. The application shall be filed no later than five (5)
• working days before the date the charter is to occur. Applications
may be considered if: (1) filed no later than two (2) full working
days before the charter is to occur; (2) the applicant
demonstrates good cause for the delay in filing; and (3) the
proposed charter does not require special investigation or the
imposition of special conditions.
Section 5.18.035 Marine Charter Filing Fees.
An application for a Marine Charter Permit shall be
accompanied by a fee established by resolution of the City Council;
provided, however, the fee shall be no greater than necessary to
defer the costs incurred by the City in administering the
• provisions of this Chapter.
Section 5.18.040 Issuance of Permit
A. Upon receipt of an application for a Marine Charter
Permit, the Revenue Manager or Harbor Inspector shall investigate
the information contained in the application and issue the permit
upon a determination that approval will not adversely affect the
health, safety or welfare of those who use, enjoy, or own, property
near the waters of Newport Bay. The application shall be denied if
there is substantial evidence that:
1. The proposed charter is likely to create noise which
would adversely affect the use or enjoyment of the waters of
Newport Bay by members of the public, or interfere with the rights
of those who own property on or near the waters of Newport Bay;
2. The proposed charter is likely to contribute to the
problem of pollution or litter on and in the waters of Newport Bay;
3. The proposed charter does not provide facilities to
ensure adequate off - street parking, or the safe loading and
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unloading of passengers and supplies. For the purpose of this
section, parking shall be considered adequate only if one parking
space is provided for each three (3) passengers or the applicant
can demonstrate, to the satisfaction of the Revenue Manager or
Harbor Inspector, that fewer spaces are required because of written
• passenger commitments to carpool or use different forms of
transportation.
4. The proposed charter, when viewed in conjunction
with other anticipated charters and marine operations, is likely to
create marine traffic congestion or otherwise interfere with the
rights of others to use the waters of Newport Bay;
5. The applicant has misrepresented material facts in
the application;
6. The applicant has, within the preceding ninety (90)
days, failed to comply with a condition imposed on a previously -
issued marine charter permit, the applicant received notice of the
violation, and either failed to appeal the notice of violation or
• the decision on the notice of violation has become final.
7. The proposed charter would not comply with
applicable City, County, State or Federal requirements of law.
8. The vessel proposed to be used by the applicant has
not been inspected and the sanitation system approved by the City
for charter use.
9. The applicant has, within the preceding twelve (12)
months, violated this ordinance and /or provisions of Federal or
State law because the applicant has discharged, or permitted or
allowed any other person on the vessel under his or her control or
command to discharge any human or animal excreta from any head,
toilet, holding tank or similar facility on a vessel into the
waters of Newport Bay, the applicant has received notice of the
violation, and a decision on the violation has become final.
B. In the event the Revenue Manager or Harbor Inspector
denies the application, the applicant shall have the right to
appeal the decision, to the City Manager, by filing a written
appeal with the office of the City Manager within five (5) working
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days from the date on which the applicant has notice of the
decision, or at least two (2) working days before the date and time
of the proposed charter, whichever provides the most time for
consideration of the appeal. The City Manager shall consider the
appeal and render a decision within twenty -four (24) hours
(exclusive of weekends and holidays) from the date of the appeal.
The decision of the City Manager shall be final.
C. The term of the permit shall extend only for the duration
of the charter for which the permit was issued.
Section 2: Should any section, subsection, clause, or provi-
sion of this Ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions
of this Ordinance; it being hereby expressly declared that this
Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and
ratified irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
section 3: This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 27th
day of June , 1994, and adopted on the 11th day of July ,
1994, by the following vote, to -wit:
AYES,
HEDGES, SANSONE, WATT,
TURNER, HART, COX, DEBAY
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE