Chapter 17.45
SANITATION
Sections:
17.45.010 Piers, Docks and Floats.
17.45.020 Required Pump-Out Facilities.
17.45.010 Piers, Docks and Floats.
A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the dwelling unit or the required sanitation facilities serving such pier, dock or float has been installed and approved by the Community Development Department. The use of a pier, dock or float will not be allowed until any required sanitation facilities are completed and in operation.
B. All public or private commercially operated shore-connected boat marinas shall have a minimum of two restroom facilities for each twenty (20) berthing spaces available in the marina. The walking distance from the farthest boat berth to the restroom facility should be minimized to the extent possible, and shall not exceed a maximum of one thousand (1,000) feet in overall walking distance.
C. Permission may be granted to install and operate sewage pumping facilities for boats moored to shore-connected structures provided such installations are first approved by the Public Works Department and the Community Development Department. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2013-11 §§ 160, 161, 2013; Ord. 2008-2 § 1 (part), 2008)
17.45.020 Required Pump-Out Facilities.
A. All sailing clubs and marinas with a capacity of fifty (50) or more vessels shall install a vessel waste pump-out system solely for the use of vessels associated with that activity. The pump-out facility shall be installed on dock space under the control of the club or marina with convenient access to all vessels owned, leased or chartered by the club or marina. The pump-out facility shall have a capacity commensurate with the capacity of the holding tanks of the vessel or vessels of the club or marina.
B. All pump-out facilities required by this chapter shall be installed pursuant to permit issued by the Public Works Department. Application for permit shall be made on forms prepared, and furnished, by the Public Works Department. No fee shall be charged for the issuance of the pump-out facility permit or any other permit required for the issuance of the pump-out facility permit prior to installation.
C. The application for permit shall be accompanied by appropriate plans and specifications setting forth in detail the work to be done.
D. The application, plans and specifications required by this chapter shall be reviewed by the Public Works Department to determine if the proposed work meets all requirements of this chapter and other provisions of this Code. The Public Works Department shall issue the permit if the proposed pump-out station complies with all applicable ordinances, rules and regulations. A separate permit will be required from the Building Official prior to installation of the pump-out facility.
E. Maintenance. Permittee shall maintain the pump-out facility in good condition and repair at all times. (Ord. 2022-9 § 6, 2022; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2013-11 §§ 162—164, 2013; Ord. 2009-2 §§ 6—8, 2009; Ord. 2008-2 § 1 (part), 2008)
17.45.030 Waste and Refuse.
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 or her control or command to discharge any treated or untreated human or animal excreta from any marine sanitation device on a vessel into the waters of Newport Harbor or the Pacific Ocean. In accordance with California Harbors and Navigation Code Section 782, any vessel in the waters of Newport Harbor or on the waters of the Pacific Ocean within the jurisdiction of the City, with a marine sanitation device, is subject, at any time, to boarding by the Harbormaster to inspect the operation and condition of the same and shall be subject to the use of a dye tablet to determine whether or not the marine sanitation system is discharging overboard. Violations are subject to all available remedies, including immediate removal from Newport Harbor.
B. Vessel Holding Tank Requirements.
1. Vessel Wastes. No person shall own or operate a vessel equipped with any marine sanitation device for human body wastes in the waters of Newport Harbor or the Pacific Ocean unless it complies with all applicable Federal, State, County and City standards.
2. Marina Pump-Out Facilities. The owner and operator of every commercial marina with a capacity of fifty (50) or more vessels shall provide a permanent holding tank pump-out facility or equivalent services which are operable and available for use at all times and which are capable of servicing all vessels berthed, docked, or moored at the marina.
C. Refuse in Navigable Waters. No person shall throw, discharge, deposit or leave or cause, suffer or permit to be thrown, discharged, deposited or left, either from the shore or from any pier or vessel or from any factory or elsewhere, any refuse, debris, garbage, litter, timber or other waste matter of any description into the navigable waters of Newport Harbor or on the shore of Newport Harbor or any navigable water within the boundaries of the City where the same may be washed into Newport Harbor or such navigable water, either by tides, or by floods or otherwise.
D. Refuse and Vessels on Shoreline. No person shall place or allow abandoned vessels or boats, materials, garbage, refuse, debris, litter, timber or other waste matter of any description to remain on or upon the shorelines of the Pacific Ocean or on the shorelines of Newport Harbor within the City. The City may remove the same with or without notice, and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the shoreline.
E. Refuse—Marinas and Piers. Any owner or operator of a marina or any owner or permit holder who maintains a pier shall keep the area in and around such marina or pier located on the shorelines of Newport Harbor within the City reasonably free and clear from beached or floating refuse, debris or litter at all times.
F. Discharge of Flammable Materials. No person shall pump or discharge from any vessel or tank into the waters of Newport Harbor, oil, spirits, or any flammable liquid, or deposit any rubbish, refuse matter or articles of any similarly offensive character therein or upon any pier or street leading to such facility.
G. Dead Animals. No person shall throw, place or leave any dead animal or putrefying matter in the waters of Newport Harbor, or on or along the shore thereof or the shore of any tidewater within the City.
H. Signs Concerning Sanitation Regulations. The owner or operator of any commercial boat docking facility or marina located on the waters of Newport Bay shall install and maintain at his or her expense in conspicuous locations on the premises thereof standard signs to inform the public of the regulations prohibiting the discharge of toilets or marine sanitation devices on any vessel into the waters of Newport Bay and other provisions of this title which relate to harbor sanitation. Uniform standards and specifications for the design and general locations of such signs shall be prescribed by the Harbor Commission. (Ord. 2023-22 § 762, 2023; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2013-11 §§ 165—167, 2013; Ord. 2009-2 §§ 9, 10, 2009; Ord. 2008-2 § 1 (part), 2008)