Chapter 17.20
VESSEL LAUNCHING AND OPERATION
Sections:
17.20.010 Vessel Launching and Hauling.
17.20.030 Trespass or Injury to Vessel.
17.20.040 Abandoned or Unattended Vessels and Property.
17.20.050 Air and Water Propulsion Vessels Prohibited.
17.20.010 Vessel Launching and Hauling.
A. No person shall launch or remove any vessel onto or from the waters of Newport Harbor over any public seawall, sidewalk, street end or public property, except at locations where a regular business, as authorized under Titles 20 and 21, for launching and hauling vessels is conducted or at launching sites designated by resolution of the City Council.
B. Any person who uses a City Council designated boat launch site shall comply with all of the following:
1. Designated boat launching locations may be used only between the hours of 7:00 a.m. and sunset.
2. The use of motors on any vessel being launched or recovered shall not be permitted within one hundred (100) feet of such launching sites.
3. Only hand-carried vessels may be launched from some sites, as designated by the City Council.
4. No motorized devices may be used for purposes of launching any vessel at locations designated for the launching of hand-carried vessels, or for transporting them on beaches. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2008-2 § 1 (part), 2008)
17.20.020 Vessel Operation.
A. Speed Limit. No owner, operator or person in command of any vessel, except a public officer or employee in the performance of his or her duty, shall operate the same or permit the same to be operated in any portion of Newport Harbor or the water in the present or prior channel of the Santa Ana River, within the City, at a rate of speed in excess of five nautical miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating structures, except as provided for in this title.
B. Designation of Closed Areas. Whenever the City Manager finds that public safety so requires, he or she may designate any water area or tidelands or filled lands in or upon which harbor improvement work is being performed as a closed area and shall cause the areas to be posted accordingly. Except for persons actually engaged in such harbor improvement work or public officers in the performance of their duty, no person shall enter or remain within or drive or operate any vessel into or within any area which has been so designated as a closed area and which has been posted or marked with appropriate signs giving notice thereof.
1. From and including June 1st through September 15th, the channel between Bay Island and the Balboa Peninsula is designated as a closed area for the use and/or operation of motorboats.
2. From and including June 1st through September 15th, the Grand Canal is designated as a closed area; however, the closure shall not apply to human-powered vessels or vessels berthed at residential piers or moorings located along or within the Grand Canal.
C. Restriction of Water Traffic. For such time as necessary preceding, during and after any activity or other event on the waters of Newport Harbor, or at any other time when the City Manager deems it necessary for the safety of persons, vessels or other property, he or she shall have authority to restrict or prohibit waterborne traffic in the harbor, and it shall be unlawful to willfully fail or refuse to comply with any order, signal or direction of the City Manager, or his or her deputies or agents. For purposes of this section, waterborne traffic shall mean any object, structure or vessel in contact with the water.
D. Towing. No person operating a vessel shall tow any object, structure or vessel at a distance in excess of seventy-five (75) feet astern of the towing vessel.
E. Anchoring. In addition to the requirements set forth in Section 17.25.020(A)(1)(b), no person owning, leasing, occupying or having charge or possession of any vessel shall anchor such vessel in any of Newport Harbor’s designated public anchorage areas or on the Pacific Ocean unless the vessel is continuously occupied by a person during:
1. Any nighttime hours (sunset to sunrise);
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 per day for no more than three hours. (Ord. 2020-27 § 2, 2020; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-18 § 2, 2018; Ord. 2013-11 § 145, 2013: Ord. 2008-2 § 1 (part), 2008) (Ord. No. 2009-2, § 2, 1-27-2009)
17.20.030 Trespass or Injury to Vessel.
A. Damage to Property. No person shall willfully or carelessly destroy, damage, disturb, deface or interfere with any buoy, float, life preserver, sign, notice, navigational marking, or other similar property under the jurisdiction of the City, County, or other governmental agency.
B. Boarding Vessel Without Permission. No person shall climb into or upon any vessel moored, docked or anchored in Newport Harbor without the consent of the owner or other person having charge thereof, unless authorized by the Harbormaster.
C. Tampering with Vessel. No person shall willfully injure or tamper with, or break or remove any part of or from, any vessel in the City, or tamper with the lines securing any such vessel, without the consent of the owner or other person having charge thereof, unless authorized by the Harbormaster.
D. Tampering with Moorings. No person shall tamper with any mooring or anchorage in the City whether or not the same is occupied by a vessel, unless authorized by the Harbormaster for the maintenance of harbor operations. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 §§ 22, 23, 2018; Ord. 2013-11 § 146, 2013; Ord. 2008-2 § 1 (part), 2008. Formerly 17.20.040)
17.20.040 Abandoned or Unattended Vessels and Property.
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 the Harbormaster. Any such vessel or property shall be dealt with as provided in the appropriate provisions of Chapters 1.20 and 17.70, California Harbors and Navigation Code Section 510 et seq., as the same now read or may hereafter be amended. 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:
A. Any nighttime hours (sunset to sunrise);
B. Any time period when a small craft advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or
C. Daylight hours for more than three hours. (Ord. 2023-22 § 755, 2023; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-17 § 24, 2018: Ord. 2008-2 § 1 (part), 2008) (Ord. No. 2009-2, § 3, 1-27-2009. Formerly 17.20.050)
17.20.050 Air and Water Propulsion Vessels Prohibited.
A. No person shall operate any vessel on the waters of Newport Harbor if the vessel is powered or maneuvered by means of mechanical air or water propulsion above the surface of the water.
B. The provisions of this section do not apply to the operation of any vessel by any public agency or any person responding to an emergency on behalf of any public agency. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2017-2 § 1, 2017; Ord. 2015-13 § 1, 2015: Ord. 2008-2 § 1 (part), 2008. Formerly 17.20.060)
17.20.060 Vessel Races.
A. The Harbormaster may issue a permit to a person, as defined in Chapter 17.01, that would allow individuals operating a human-powered vessel, wind-powered vessel, or vessel providing support services to a human- or wind-powered vessel as part of the person’s special event (e.g., race) or organized practice to exceed the speed limit provided in Section 17.20.020(A).
B. An application for a vessel racing permit shall be filed with the Harbormaster, in accordance with Section 17.60.015, and issued by the Harbormaster if the Harbormaster determines the event will not interfere with the natural flow of traffic, or negatively impact surrounding property owners.
C. The Harbormaster has discretion to determine if a permit shall be associated with a single event or multiple events; however, no permit shall be valid for more than six months from the date of issuance.
D. Permits issued under this section are nontransferable and shall be in addition to any license, permit or fee required under this Code or any other provision of law.
E. The Harbormaster may impose conditions on a permit to protect persons and property and to assure that the activity allowed under the permit will not create a nuisance or interfere with the reasonable use of Newport Harbor by other vessels or persons. At a minimum, every permit issued under this section shall be conditioned to require permittees to:
1. Obtain, provide, and maintain at their own expense, for the full period of time for which the permit is granted, policies of insurance with such limits and coverage as established by the Risk Manager that clearly identify the activity and vessel(s) covered;
2. Indemnify, defend and hold harmless the City, County of Orange, and the State of California for all liability, injury or damage that relates in any way to or arises from permittee’s event/activity;
3. Otherwise comply with this Code, California Harbors and Navigation Code, and the Federal Inland Navigation Rules; and
4. Ensure any vessel operating pursuant to a vessel racing permit is operated in a safe, controlled, and seamanlike manner, and at a speed that does not endanger the safety of persons or property.
F. Notwithstanding the process set forth in Chapter 17.70 for the revocation of permits, any permit issued under this section may be immediately revoked at any time, without notice, by the Harbormaster, if:
1. The permittee fails to comply with the conditions contained within the permit;
2. An individual participating in the permittee’s special event or organized practice operates a vessel in an unsafe, uncontrolled, or unseamanlike manner or at a speed that endangers persons or property; or
3. An individual participating in the permittee’s special event or organized practice fails to comply with the lawful instructions of the Harbormaster, or any other person authorized by the City to enforce rules and regulations within Newport Harbor. (Ord. 2023-22 § 756, 2023; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-18 § 3, 2018. Formerly 17.20.070)