HomeMy WebLinkAbout99-6 - Amending Section 17.16.021 of Chapter 17.16 of the Newport Beach Municiapl Code Pertaining to Vessel or Trailer Storage on Beaches.• ORDINANCE NO. 99 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTION 17.16.021
OF CHAPTER 17.16 OF THI_ NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO VESSEL OR
TRAILER STORAGE ON BEACHES
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Section 17.16.021 of the Newport Beach Municipal Code, Title 17,
Chapter 17.16, is amended as follows:
"17.16.021 NBMC Vessel or Trailer Storage on Beaches
Prohibited - Exceptions.
No person shall store any vessel, watercraft, trailer or other
• similar object on any public beach in the City except as provided in
Subsection A. As used in this section, the term "store" shall mean
to leave or permit to remain unattended for an extended period of
time and not in the possession or control of the owner or user.
A. Vessels, watercraft and equipment directly related to
the use of the vessel or watercraft (related equipment) may be
stored on a public beach as follows:
1. Any vessel(s), watercraft and /or related
equipment owned and maintained by the City or its subcontractors
which is (are) used in conjunction with recreation programs offered
by the City;
2. Any vessel(s), watercraft and /or related
equipment that can not feasibly be berthed or moored at a privately
owned pier or mooring and is (are) used by a non - profit corporation
• for non - commercial purposes provided a Vessel Storage License
has been approved by the City Council. Vessel Storage Licenses
shall be approved only if there is substantial evidence that the
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• License would not adversely affect the health, safety, or welfare of
those who use, enjoy or own property near the waters of Newport
Bay. Vessel Storage Licenses are subject to the following standard
conditions as well as any additional conditions imposed by the City
Council:
(a) The Licensee shall not cause or permit
any unreasonable noise that would adversely affect the use or
enjoyment of public or private property in the vicinity of the vessel,
watercraft or equipment;
(b) The Licensee shall not engage in, or
permit, any activity that unreasonably interferes with the use of the
beach or adjoining waters by the public;
(c) The Licensee shall not cause or permit
any activity that pollutes any public or private property of the waters
of Newport Bay;
• (d) The License may be revoked by City,
without cause, at any time, upon thirty (30) days written notice to
the Licensee.
3. Any vessel for which a mooring permit has
been issued by the City pursuant to Chapter 17.22 provided the
vessel remains on the beach only to the extent necessary to load
or unload."
B. A License issued pursuant to this Chapter is personal
to the Licensee and may not be transferred or assigned to any
other person without the express written consent of the Newport
Beach City Council. The Newport Beach City Council may grant or
withhold consent in its sole discretion.
SECTION 2: That if any section, subsection, sentence, clause or phrase of this
• Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The City
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• Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, sub - sections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 8th day of March, 1999, and adopted on the 22nd day of
March, 1999, by the following vote, to -wit:
ATTEST:
AYES, COUNCILMEMBERS Noyes, Debay, Thomson,
Adams, Ridgeway, Mayor.0'Neil
NOES, COUNCILMEMBERS
ABSENT, COUNCILMEMBERS Glover
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 99 -6 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 22.d day
of March, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of March, 1999.
(Seal)
G (QUB�tin e_ M. Na"
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PU13LICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 99 -6 has been duly and regularly published according to law and the order
of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper
of general circulation on the following date, to wit: March 27, 1999.
In witness whereof, I have hereunto subscribed my name this n M day of
�nr
'1999.
City Clerk of the City of
Newport Beach, California