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HomeMy WebLinkAbout2009-2 - Amending Section 17.01.030 of Chapter 17.01; Sections 17.20.020 and 17.20.050 of Chapter 17.20; Section 17.25.020 of Chapter 17.25 and Sections 17.45.020 and 17.45.030 of Chapter 17.45 of Title 17 of the Newport Beach Municipal Code Pertaining toORDINANCE NO. 2009 -2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.01.030 OF CHAPTER 17.01; SECTIONS 17.20.020 AND 17.20.050 OF CHAPTER 17.20; SECTION 17.25.020 OF CHAPTER 17.25 AND SECTIONS 17.45.020 AND 17.45.030 OF CHAPTER 17.45 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE ANCHORING OF VESSELS AND THE DISCHARGE OF WASTE ON THE OPEN WATERS OF THE PACIFIC OCEAN The City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Section 17.01.030(M) of Chapter 17.01 of Newport Beach Municipal Code is hereby amended to read as follows: M. Definitions: P 1. Pacific Ocean. The term "Pacific Ocean" shall mean the waters off of the City of Newport Beach from the beach, as defined in Title 17.01.030(B)(3), seaward three (3) nautical miles. 2. Passenger. The term "passenger" shall mean every person, other than the operator 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. 3. Permittee. The term "permittee" shall be the person who holds a validly issued permit under any provision of this title. 4. Person. The term "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee or any other legally recognized entity. 5. Pier. The term "pier" shall mean any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to or over the water. A pier includes wharf, dock, slip or float, or any other landing facility and floating dry dock. a. Commercial Pier. The term "commercial pier" shall mean a pier adjacent to commercially or nonresidentially zoned property with single or multiple berths which are rented or leased, including any pier used in connection with marinas, charter facilities, yacht clubs, yacht sales, rental facilities and boat yards. For purposes of this chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multifamily dwelling or dwelling units that are income generating, and structures adjacent to commercially zoned uplands that are business or income generating in nature, shall be deemed commercial. b. Noncommercial Pier. The term "noncommercial pier"' shall mean a pier used for private recreational purposes by the owner or occupant(s) of the abutting residentially zoned upland property. c. Public Pier. The term "public pier" shall mean a pier used for public recreational purposes provided by a public agency. 6. Pierhead Line. The term " Pierhead Line" shall mean the harbor water area perimeter lines established in Newport Harbor by the Federal Government that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the harbor. The Pierhead Line typically shall define the limit of pier and floating dock structures and defines the limit of construction except as otherwise approved by City Council. Vessels may extend channelward of the Pierhead Line. 7. Planning Director. The term "Planning Director' shall mean the Planning Director of the City of Newport Beach, or the Planning Director's designee. 8. Police Chief. The term "Police Chief' shall mean the Chief of Police of the City of Newport Beach or his or her respective designee or by the City Council. 9. Project Lines. The term "project lines" shall mean the harbor water area channel lines of the improvements constructed by the Federal Government in 1935 -1936, and as shown on navigation charts of Newport Harbor. Also referred to as the "Federal channel" (see City of Newport Beach Waterfront Project Guidelines and Standards, Harbor Design Criteria -- Commercial and Residential Facilities). 10. Property Owner. The term "property owner" shall mean the owner of the abutting upland property who has obtained a permit to place a structure in Newport Harbor pursuant to Chapter 17.50. 11. Public Trust Lands. The term "public trust lands" shall mean all lands subject to the common law public trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time (from California Code of Regulations, Section 13577). 12. Public Works Director. The term "Public Works Director' shall mean the Public Works Director of the City of Newport Beach, or the Public Works Director's designee. SECTION 2: Section 17.20.020(E) of Chapter 17.20 of Newport Beach Municipal Code is hereby added to read as follows: E. No person owning, leasing, occupying or having charge or possession of any vessel shall anchor such vessel on the Pacific Ocean unless the vessel is continuously occupied by a person during: (1) any nighttime hours (dusk to dawn); (2) any time period when a Small Craft Advisory or greater has been issued by the National Oceanic and Atmospheric Administration; and (3) during daylight hours, except for one shore excursion daily for no more than three (3) hours. SECTION 3: Section 17.20.050 of Chapter 17.20 of Newport Beach Municipal Code is hereby amended to read as follows: All stray, unattended or abandoned vessels, timber or any other personal property found in the water or on the shore of Newport Harbor or the Pacific Ocean, not in the lawful possession or control of some person, shall be immediately reported to Harbor Resources or the Harbor Patrol. Any such property shall be dealt with as provided in the appropriate provisions of Chapter 1.20 of the Newport Beach Municipal Code, or Section 510, at seq., of the California Harbors and Navigation Code, as the same now read or may hereafter be amended. Proceeds of any sale of such property shall be deposited in the general fund of the City or, if provided by contract with the County, shall be paid to the County Treasurer for the County. For purposes of this section, any vessel on the Pacific Ocean shall be deemed to be stray, unattended and abandoned if the vessel is unoccupied by a person during: any nighttime hours (dusk to dawn); any time period when a Small Craft Advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or daylight hours for more than three (3) hours. SECTION 4: Section 17.25.020(A) of Chapter 17.25 of Newport Beach Municipal Code is hereby amended to read as follows: A. Location. No person having charge of any vessel shall berth or anchor the same in Newport Harbor except within the designated areas. Any vessel which is berthed, moored or anchored at a place not designated for such vessel shall be moved as directed by the Harbor Resources Manager. In the designation of mooring areas and anchorage areas, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless secured both fore and aft except as provided in subsection (I) of this section. Every vessel moored or anchored in any part of the harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel. (1) It is unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel to: (a) berth or anchor the same in Newport Harbor except within the designated areas; or (b) anchor a vessel at any location on the open waters of the Pacific Ocean within five hundred (500) yards of a designated protected swimming area for a cumulative period of time that exceeds seventy - two (72) hours within any thirty (30) calendar day period. The Harbor Resources Manager or his designee may authorize an extension to the seventy -two (72) hour time limit if the Harbor Resources Manager determines that given the particular circumstances an extension of time is reasonable and warranted. (2) Any vessel which is berthed, moored or anchored at a place in Newport Harbor not designated for such vessel shall be moved as directed by the Harbor Resources Manager. In the designation of mooring areas and anchorage areas in Newport Harbor, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation, and the economy of space. SECTION 5: Section 17.25.020(1x1) of Chapter 17.25 of Newport Beach Municipal Code is hereby amended to read as follows: I. Mooring, Anchoring and Vessel Condition Requirements. 1. Mooring Anchoring. All vessels anchored on the open waters of the Pacific Ocean shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stem in such a manner as to prevent the vessels from swinging, turning or drifting, except in areas designated by the Harbor Resources Manager as single mooring areas. Vessels in single mooring areas shall be tied from the bow. All vessels anchored in Newport Harbor in the designated anchorage area shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure and does not extend beyond the demarcation line of the designated anchorage area. SECTION 6: Section 17A5.020(A)(3) of Chapter 17.45 of Newport Beach Municipal Code is hereby amended to read as follows: 3. The Committee has determined, based upon testimony presented to it, that there are valid reasons for concern about contamination of bay waters and the Pacific Ocean caused by the discharge of treated or untreated human waste from vessels using the harbor and the Pacific Ocean. SECTION 7: Section 17.45.020(A)(5) of Chapter 17.45 of Newport Beach Municipal Code is hereby amended to read as follows: 5. The failure to take steps to control the discharge of treated or untreated human waste into the bay and the Pack Ocean could result in a quarantine for water contact sports, a prohibition against gathering of shellfish from the waters of Newport Harbor and the Pacific Ocean and may lead to the onset and spread of disease in humans. SECTION 8: Section 17.45.020(A)(6) of Chapter 17.45 of Newport Beach Municipal Code is hereby amended to read as follows: 6. The discharge of treated or untreated human waste into the waters of Newport Bay and the Pacific Ocean, if allowed to continue, could jeopardize the economic viability of businesses which utilize, or are located on Newport Bay and the Pack Ocean, and severely restrict recreational use of the bay and the Pacific Ocean. SECTION 9: Section 17.45.030(A) of Chapter 17.45 of Newport Beach Municipal Code is hereby amended to read as follows: A. Discharge of Treated or Untreated Human or Animal Excreta. No person shall discharge, permit or allow any other person on a vessel under his control or command to discharge any treated or untreated human or animal excreta from any head, toilet or similar facility on a vessel into the waters of Newport Bay or the Pacific Ocean. SECTION 10: Section 17.45.030(B)(1) of Chapter 17.45 of Newport Beach Municipal Code is hereby amended to read as follows: 1. Vessel Wastes. No person shall own or operate a vessel equipped with any head (toilet) or receptacle for human body wastes in the waters of Newport Bay or the Pack Ocean unless it complies with all applicable Federal, State, County and City standards. SECTION 11: 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 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, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 12: 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 of the City, and it shall be effective thirty (30) days after its adoption. SE TION 13: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 13th day of January, 2009, and adopted on the 27th day of January, 2009, by the following vote, to wit: AYES, COUNCILMEMBERS Henn, Rosansky, Curry, IJebb, Gardner, Daigle, Mayor Selich NOES, COUNCILMEMBERS None STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH I I, Leilani I. Brown, 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. 2009 -2 was duly and regularly introduced on the 10th day of January, 2009, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of January 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of January, 2009. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2009 -2 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: January 31, 2009. In witness whereof, I have hereunto subscribed my name this I day of 2009. City Clerk City of Newport Beach, California