Chapter 17.30
HARBOR USE REGULATIONS

Sections:

17.30.010    Landing of Aircraft.

17.30.020    Loading or Unloading Hazardous Materials.

17.30.030    Live Bait.

17.30.010 Landing of Aircraft.

No person shall land or take off from the waters of Newport Harbor with any aircraft without first obtaining a permit from the City Council. Such permit may be issued if the City Council determines that, under the circumstances, the proposed landing or takeoff will not create a hazard to life or property. In granting such permit, the City Council may impose such conditions on the exercise thereof as it deems appropriate. (Ord. 2008-2 § 1 (part), 2008)

17.30.020 Loading or Unloading Hazardous Materials.

No person shall load or unload any hazardous materials to or from any vessel from or upon any pier or other vessel in Newport Harbor without first obtaining a permit from the Fire Chief pursuant to Chapter 9.04, Fire Code, of Title 9 of this Code. (Ord. 2008-2 § 1 (part), 2008)

17.30.030 Live Bait.

A.    Live Bait Receivers Defined. A live bait receiver is an object for confining live bait which is afloat in the waters of Newport Harbor or the Pacific Ocean, either moored to a pier, bulkhead or sea wall, or moored by means of an anchor or other weight to the bottom of the harbor or ocean; provided, however, that a live bait receiver shall not be deemed to be a “structure” within the meaning of Chapter 17.50.

B.    Requirements for Live Bait Receivers. All live bait receivers used within the waters of Newport Harbor shall be provided with screen trays in the bottom thereof so as to retain all dead bait within the receiver which can be raised to dispose of the dead bait. All live bait receivers within the City shall also have a screen or solid cover which fits closely unless the receiver is completely covered by a roof.

C.    Nonconforming Bait Receivers. Storage of live bait other than in a receiver conforming to the requirements hereof is prohibited. After three days’ written notice to the owner of a nonconforming receiver, it may be removed by the Harbor Resources Manager and stored at the expense of the owner.

D.    Commercial Bait Boats and Receivers. All boats used to catch or furnish live bait or receivers shall, at all times, have aboard a covered receptacle in which shall be placed all dead bait. No person shall commercially operate a bait boat or a bait receiver without first obtaining a marine activities permit pursuant to Chapter 17.10. Bait tanks on such boats when containing bait shall be covered at all times when in Newport Harbor by a cover which fits closely over the top except while bait is actually being transferred to or from the tank.

E.    Disposal of Bait. No person shall place or allow to be placed any live or dead bait in the unconfined waters of Newport Harbor except when it is attached to a hook or hooks in the act of fishing.

F.    Transfer of Live Bait. No person shall transfer live bait from one vessel to another vessel or sell the same at retail from a vessel within the limits of Newport Harbor, except when all vessels involved are moored to a pier and are within the pierhead line, except that during a period of adverse conditions of sea or beaches causing the transfer from offshore receivers to be hazardous, a location inside the harbor may be used with the approval of the Harbor Resources Manager. (Ord. 2008-2 § 1 (part), 2008)