HomeMy WebLinkAbout04 - Vessel Anchorings
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
g > A 3 Is -M'DA
Agenda Item No.4
January 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
(949) 644 -3002, dkiffgDcity.newport- beach.ca.us
Chris Miller, Harbor Resources Manager
(949) 644- 3043, cmillerO- city.newport- beach.ca.us
SUBJECT: Ordinance 2009 -_ Vessel Anchoring in the Pacific Ocean
ISSUE
Should the City Council amend Title 17 by adopting new regulations concerning vessel
anchoring in the Pacific Ocean?
RECOMMENDATION
Introduce Ordinance 2009-_ relating to Vessel Anchorage in the Pacific Ocean and
amending Newport Beach Municipal Code sections 17.01.030, 17.20.020, 17.20.050,
17.25.020, 17.45.020 and 17.45.030 and pass to a second reading on January 27, 2009.
BACKGROUND
In recent years, the ocean area outside of Corona.. Del Mar (CDM) beach has become
very popular for vessels to anchor on a long term basis even though this stretch of the
ocean is not officially designated as an anchorage area on the navigational charts. This
no -cost alternative to mooring in the harbor and the City's lack of regulations concerning
anchoring in the Pacific Ocean has attracted as many as 20 vessels to the area during
the busy summer months.
Unfortunately, many of these vessels are left unattended for days at a time, thereby
causing a multitude of issues especially during storm events. Both the Newport Beach
Lifeguards. and the Orange County Sheriffs Harbor Patrol feel that ocean anchoring is
unsafe due to the variable weather and sea conditions because it puts emergency
response personnel at risk during response incidents. Some of these concerns are:
1. Public Safety — Vessels and debris regularly wash ashore onto the beach and
jetty at CDM.
2. Environmental Concerns - Release.of petroleum or other products when vessels
wash ashore and are broken apart.
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Vessel Anchoring in the Pacific Ocean t
January 13, 2009
Page 2
3. Water Quality — People sometimes live aboard these vessels and their sanitation
devices are not monitored.
4. Emergency Personnel Safety — Difficult to navigate emergency vessels through
the anchorage field. Safety is compromised when responding to vessels that are
either washing ashore or near the rocksfjetty.
5. Financial Concerns — Personnel and funds are used to clean up or haul away the
vessel and debris that washes ashore or onto the jetty. (Harbor Patrol, NB
Lifeguards, General Services). Also, if these vessels are impounded and are not
sold at the City's auctions, the City (Harbor Resources) is financially responsible
for destroying these vessels.
Recent Incidents or Calls for Service
1. 9120107 Unoccupied Vessels Collide: Vessels collide while at anchor causing
major damage. One vessel eventually impounded and sold at auction.
2. 10/13/07 Unoccupied vessel Aground: 24' sailboat adrift near the East jetty.
Code 3 response. Vessel impounded.
3. 10/13/07 Unoccupied Vessel Dragging Anchor: 25' Sailboat dragging anchor.
Adrift 100' off the East Jetty. Code 3 response. Vessel impounded.
4. 1/27/08 Unoccupied Vessel Dragging Anchor: 25' Sailboat dragging anchor
towards CDM beach. Vessel impounded.
5. 4130/08 Unoccupied Vessel Aground: 27' Sailboat found drifting. Vessel
impounded.
6. 5/11108 Unoccupied Vessel Adrift: 22' vessel found drifting. Vessel impounded.
7. 5/20/08 Report of Unoccupied Vessel Dragging Anchor.. Harbor Patrol
responded Code 3 to a report of a 22' sailboat dragging anchor. Upon arrival, it
was determined the vessel was not dragging anchor, but the registered owner
was contacted and advised of the vessel's proximity to the jetty and the pending
storm warnings.
8. 6/7 108 Harbor Patrol Boat Mechanical Failure: While making a patrol check of
the. area, the Harbor Patrol vessel fouled both props on submerged debris /
mooring equipment left from previously anchored vessels.
9. 6/10/08 Unoccupied Vessel Held off by a Good Samaritan in an Inflatable:
Harbor Patrol responded Code 3 to rescue and tow vessel into harbor.
10.6/19108 Medical Aid — Vessel Taken for Safekeeping: Two fireboats and two
patrol boats responded Code 3 to a subject having a heart attack on board a
vessel that was dragging anchor. After subject was under care of Paramedics,
Harbor Patrol transported subject back into the harbor, Code 3, to the dock.
11. 7/8/08: 16 Vessels Reported using the anchorage.
12.1013/08,10/6/08,11/g/08&12116/08: Vessels ashore.
PROPOSAL
Staff has developed a new set of regulations concerning anchoring in the Pacific Ocean
that will also cover the area near the CDM beach. This proposal has been reviewed by
the Harbor Patrol and the Department of Boating and Waterways who must approve any
regulations in these State Tidelands. These rules are summarized below.
A. Vessels must be continuously occupied, especially from dusk to dawn or when
there is a Small Craft Advisory in effect. The boaters may leave their vessel for
only 3 hours during the day.
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Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 3
B. Unattended or abandoned vessels are defined as any vessel unoccupied from
dawn to dusk or when a Small Craft Advisory is in effect or during the day for
greater than 3 hours. Unattended vessels may be impounded.
C. It is unlawful to anchor within 500 yards of a designated swim area for more than
72 hours.
D. Vessels anchored in the Pacific Ocean must not come in contact with other
vessels or structures.
E. The no- discharge sections in Title 17 are revised to also include the waters of the
Pacific Ocean.
Anchoring in the ocean, especially near CDM, is a valuable resources for boaters who
may seek refuge during minor weather conditions or who may want to enjoy the calmer
waters close to shore. These regulations will still allow short term use, but will prevent
the CDM area to become populated with unattended vessels that could cause harm to
the public and the environment.
PUBLIC NOTICE
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meetings at which the City Council considers the item). It was also
posted on the City's website.
ENVIRONMENTAL REVIEW
The City Council's approval of this agenda item does not require environmental review.
Submitted by:
N�
NWXiff
Assistant City Manager
Prepared by:
Chris Miller
Harbor Resources Manager
Attachments: Exhibit 1: Typical Ocean Anchoring Location Near CDM Beach
Exhibit 2: Recent Pictures
Exhibit 3: Proposed Ordinance — Strikeout
Exhibit 4: Proposed Ordinance
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Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 6
Exhibit 3 — Proposed Ordinance — Strikeout
ORDINANCE NO. 2009-
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.
42. 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.
23. Permittee. The term "permittee" shall be the person who holds a validly issued permit under any
provision of this title.
34. 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.
45. 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. 0-0,
Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 7
• : 56. 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.
67. Planning Director. The term "Planning Director" shall mean the Planning Director of the City of
Newport Beach, or the Planning Director's designee.
7-8. 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.
89. Project Lines. The tern °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).
010. 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.
4811. 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).
4412. 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:
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 immediatety 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, et 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
1 I
Vessel Anchoring in the Pacifrc Ocean
January 13, 2009
Page 8
has been issued by the National Oceanic and Atmospheric Administrationm 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 (1) 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.
(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(1)(1) 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.
SECTION 6: Section 17.45.020(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.
Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 9
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 Pacific Qcean 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 Pacific 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 Pacific 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.
SECTION 13: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of 2009, and adopted on the _ day of
2009, by the following vote, to edit
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
F CITY CLERK
Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 10
ORDINANCE NO. 2009-_
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 Tide 17.01.030(8)(3), seaward three (3) nautical miles.
2. Passenger. The tens "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.
A
3. Pennittee. The term "permittee" shall be the person who holds a validly issued permit under any
provision of this tide.
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.
Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 11
6. Pierhead Line. The tern " Pierhead Line" shall mean the harbor water area perimeter lines
•; established in Newport Harbor by the Federal Government that define the permitted limit of foxed
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.
S. Police Chief. The temp '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 tens "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, et 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
shaft 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.
Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 12
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, oocupying 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(1)(1) of Chapter 17.25 of Newport Beach Municipal Code is
hereby amended to read as follows: .
1. Mooring, Anchoring and Vessel Condition Requirements.
1. Mooring Anchoring. Ail 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 17.45.020(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:
Vessel Anchoring in the Pacific Ocean
January 13, 2009
Page 13
• 5. The failure to take steps to control the discharge of treated or untreated human waste into the bay
and the Pacific 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 Pacific 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 Pacific Ocean unless it
complies with all applicable Federal, State, County and City standards.
1 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.
SECTION 13: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of 2009, and adopted on the _ day of
2009, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
IP
ATTEST:
CITY CLERK