Chapter 17.01
DEFINITIONS
Sections:
17.01.020 Rules for Construction of Language.
17.01.030 Definition of Terms.
17.01.010 Effect of Chapter.
For the purposes of this title and the “Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities,” the words and phrases herein defined shall, unless the context clearly indicates otherwise, have the meanings herein set forth in this chapter. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2008-2 § 1 (part), 2008)
17.01.020 Rules for Construction of Language.
In addition to the general provisions of this Code, the following rules of construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected words or provisions shall apply.
2. “Or” indicates that the connected words or provisions may apply singly or in any combination.
3. “Either...or” indicates that the connected words or provisions shall apply singly but not in combination.
C. In case of conflict between the text and a diagram, the text shall control.
D. All references to departments, commissions, or boards, are to those of the City, unless otherwise indicated.
E. All references to public officials are to those of the City, unless otherwise indicated. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2008-2 § 1 (part), 2008)
17.01.030 Definition of Terms.
A. Definitions: A.
1. Abutting Upland(s) Property. The term “abutting uplands property” or “abutting upland(s)” shall mean the adjacent bordering property held in fee or by lease. In instances, such as on Balboa Island, where a City-owned public walkway exists between the harbor structure and the adjacent bordering property, the “abutting uplands property” or “abutting upland(s)” shall mean the property adjacent to and abutting the property held in fee or by lease on the landward side of the walkway.
2. Alternate Materials, Design and Methods of Construction. The term “alternate materials, design and methods of construction” shall refer to the alternate materials, design or methods of construction authorized in Sections 1.8.7.2 and [A] 104.11 of the California Building Code.
3. Anchorage or Anchorage Area. The terms “anchorage” and “anchorage area” shall mean any portion of Newport Harbor which has been designated pursuant to law and approved by the Federal government for the temporary anchorage of vessels, using the vessel’s own anchoring tackle.
4. Applicant. The term “applicant” shall mean a person applying for a permit under this title.
5. Approval in Concept. The term “approval in concept” shall mean a conceptual approval issued by the City prior to the application to the Coastal Commission, Army Corps of Engineers or other regulatory agency for development in areas where the regulatory agency retains jurisdiction, which indicates the proposed development conforms in concept to this Code and the design criteria.
6. Assigned Vessel. The term “assigned vessel” shall mean a vessel lawfully owned and registered or documented to a permittee to occupy a designated mooring or berthing location in Newport Harbor.
B. Definitions: B.
1. Back Bay. See Upper Newport Bay.
2. Bareboat Charter. The term “bareboat charter” shall mean any vessel not inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration.
3. Beach. The term “beach” shall mean the expanse of sand, gravel, cobble or other unconsolidated material that extends landward from the low water line to the place where there is distinguishable change in physiographic form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line.
4. Beam. The term “beam” shall mean the width of a vessel. Vessel beams are generally critical at two locations of the boat, at the water line where the boat directly interfaces the dock, and the walking deck. For the purpose of compliance with any measurement requirements, the beam shall be interpreted as the widest point of the vessel which includes all vessel attachments including but not limited to boarding steps, rub rails and fixed fenders.
5. Berth. The term “berth” shall mean any location such as a floating dock, slip, side tie, mooring and the related area (berthing area or space) adjacent to or around it, allocated to tie up and/or store a boat.
6. Breakwater. The term “breakwater” shall mean a structure or barrier protecting a shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or riprap (rock wall) structure.
7. Bulkhead or Seawall. The term “bulkhead” or “seawall” shall mean the retaining wall that separates dry land areas and water areas.
8. Bulkhead Line. The term “bulkhead line” shall mean the harbor land/water perimeter lines established in Newport Harbor by the Federal government which define the permitted limit of filling or solid structures that may be constructed in Newport Harbor. The establishment of bulkhead lines does not necessarily allow the property owner to build to the limits of the bulkhead line due to potential environmental considerations established by the State of California and/or the Federal government.
9. Business or Business Activity. The terms “business” and “business activity” shall mean all activities, whether the activity is nonprofit or for profit, engaged in for gain, benefit, advantage or livelihood to any person, directly or indirectly, including, but not limited to, any profession, trade, occupation, employment or calling engaged in trade, commerce, the exchange of goods, services, or property of any kind, transportation of persons as well as goods, communication, renting or leasing real or personal property or that provides any service.
C. Definitions: C.
1. Caulerpa. The term “Caulerpa” shall mean an invasive Mediterranean seaweed (Caulerpa taxifolia) introduced to southern California in 2000 that has a potential to cause severe ecological damage to coastal and nearshore waters.
2. Certified Charter. The term “certified charter” shall mean any vessel inspected by the United States Coast Guard under Title 46 of the Code of Federal Regulations and which has been chartered for consideration.
3. Channel. The term “channel” shall mean a water area in Newport Harbor designated for vessel navigation with necessary width and depth requirements, and which may be marked or otherwise designated on Federal navigation charts, City navigation charts or maps, or other sources.
4. Chartered for Consideration. The term “chartered for consideration” shall mean any vessel which has been hired or leased by the owner, directly or through an authorized representative, to any person for a voyage in exchange for the payment of money, the receipt of something of value, or the forgiveness of a debt.
5. Chum. The term “chum” shall mean to place in the water fish, or other material upon which fish feed, for the purpose of attracting fish to a particular area in order that they may be taken.
6. City Tide and Submerged Land. The term “City tide and submerged land” shall mean that area within Newport Harbor granted to the City by the State of California.
7. Coastal Access. The term “coastal access” shall mean the ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails.
8. Coastal Commission. The term “Coastal Commission” shall mean the California Coastal Commission, the State agency established by State law responsible for carrying out the provisions of the California Coastal Act including review of coastal permits on appeal from local agencies.
9. Coastal-Dependent Development or Use. The terms “coastal-dependent development” or “coastal-dependent use” shall mean any development or use which requires a site on, or adjacent to, the sea to be able to function at all (from California Public Resources Code Section 30101).
10. Commercial. The term “commercial” shall mean any business activity whether the business activity is nonprofit or for profit. Commercial activities shall include, but are not limited to, marinas, charter facilities, yacht clubs, yacht sales, rental facilities, boat yards, pier rentals and any other business activity.
11. Commercial Fishing Vessel. The term “commercial fishing vessel” shall mean a vessel registered by the Department of Fish and Wildlife pursuant to the California Fish and Game Code Section 7880 et seq., when operating under the authority of a fish and game permit or license.
12. Current. The term “current” as applied to the flow of water shall mean a flow of water in a particular direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy.
D. Definitions: D.
1. Dead Load. The term “dead load” shall mean the weight of all construction materials and equipment that may be permanently attached to a dock.
2. Design Criteria. The term “design criteria” refers to “Waterfront Project Guidelines and Standards, Harbor Design Criteria, Commercial and Residential Facilities” adopted by the City and as amended from time to time, as minimum standards for design whenever harbor permits are required. The City may require additional requirements, based on the specific details of a particular application and project.
3. Dinghy or Tender. The term “dinghy” or “tender” shall mean a vessel no longer than fourteen (14) feet in overall length.
4. Dock. The term “dock” shall mean a structure generally linked to the shoreline to which a vessel may be secured. A dock may be fixed to the shore or fixed on pilings, or may float in the water.
5. Dolphin. The term “dolphin” shall mean a multi-pile structure that is used for mooring large boats that generally cannot be accommodated by floating docks.
6. Dry (Boat) Storage. The terms “dry storage” or “dry boat storage” shall mean all on-land storage of vessels, including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means.
E. Definitions: E.
1. Eelgrass. The term “eelgrass” shall mean a marine flowering plant (Zostera marina) that is found primarily in coastal bays and estuaries on soft substrate.
2. Encroachment. The term “encroachment” shall mean the extension of a building, structure or other improvement, or part thereof, on the property or domain of another.
3. End Tie. The term “end tie” shall mean berths located on the outermost end of a floating dock structure where the dock is alongside only one side of the boat. The boats associated with an end tie may be situated beyond the pierhead line along a channel.
4. Erosion. The term “erosion” shall mean the wearing away of land by natural forces. On a beach, erosion is the carrying away of beach material by wave action, currents or wind.
5. Estuary. The term “estuary” shall mean the region near a creek or river mouth in which the fresh water of the river mixes with the salt water of the sea.
F. Definitions: F.
1. Fairway. The term “fairway” shall mean an area of water adjacent to slips or mooring buoy locations that feed into a channel, and which is used for direct access to slips or moorings. When associated with slips, the fairway is defined as lying between the outer end of a line of fingers and the nearest obstruction on the opposing side (i.e., other slips, bulkhead, vessels on side ties, etc.). When associated with a mooring area, the fairway is defined as lying between the outer ends of the mooring buoy on either side of the fairway as delineated by Council policy.
2. Federal Channel. The term “Federal channel” shall mean that area of the Lower Newport Bay described by the Army Corps of Engineers, Chief of Engineers to Congress on November 11, 1936, as recorded in the first session of the Seventy-Fifth Congress in 1937.
3. Finger. The term “finger” shall mean a portion of a floating dock section that is perpendicular or at an angle to the walkways and is used for tying up and boarding vessels.
4. Freeboard.
a. Dock System Freeboard. For the purposes of dock systems, the term “freeboard” shall mean the distance between the water surface and the walking surface of the dock system.
b. Vessel Freeboard. For the purposes of vessels, the term “freeboard” shall mean the vertical distance between the water line and the top of the gunwale.
5. Functional Capacity. In terms of wetlands and estuaries, the term “functional capacity” shall mean the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity.
G. Definitions: G.
1. Gangway. The term “gangway” shall mean a structure that provides pedestrian access from land to the floating docks. One end is generally attached to the bulkhead, fixed pier or landside with a hinge, and the other end rolls on gangway wheels or slide plates, which rest directly on the dock surface. The word “brow” is synonymous with “gangway.”
2. Graywater. The term “graywater” shall mean all water and other fluids used on a vessel for any purpose whatsoever, including, but not limited to, washing or cleaning clothing, linens, towel, bedding or other linens; washing or cleaning cooking equipment, eating utensils, or serving ware; bathing, showering or cleansing; and/or washing and/or cleaning all or any portion of the interior of a vessel, including, but not limited to, heads, kitchens, engine rooms, floors, windows, furniture, equipment or other portions of the interior of the vessel.
3. Groin. The term “groin” shall mean a shoreline protection structure built, usually perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore. A structure that extends from a beach or bulkhead perpendicularly to the shoreline into tidal waters is intended to trap and retain and/or reduce the erosion of sand and retard the general erosion of the shoreline and undermining of shore protection structures (bulkheads, riprap slopes, etc.).
4. Groin System or Groin Field. The term “groin system” or “groin field” shall mean a series of groins acting together to protect a section of beach or shoreline.
H. Definitions: H.
1. Habitat. The term “habitat” shall mean the locality, including the physical and biological environment, in which a plant or animal lives.
2. Harbor Lines. The term “harbor lines” shall mean all established bulkhead, pierhead, and project lines as defined within Newport Harbor by the Federal, State, County and City. The harbor lines in Lower Newport Bay have been established by an act of the U.S. Congress and can only be modified by an act of Congress.
3. Harbor Maintenance Uses, Equipment and Facilities. The terms “harbor maintenance uses, equipment and facilities” shall mean all uses and their related equipment, vessels, docking, and land storage facilities and access which provide: dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads, and other in- and over-water structures; mooring maintenance and repair; and/or waterborne debris and pollution control, collection, and removal. This category also includes environmental, survey, or scientific vessels and related equipment based, or on assignment, in Newport Harbor.
4. Harbor Structures. The term “harbor structures” refers to any pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or any other structure excluding moorings or watercraft in, upon or over the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and flows within the City.
5. Headwalk. The term “headwalk” shall mean that portion of a dock that serves as a primary pedestrian access to mainwalks, fingers, and slips. Fingers may be attached directly to headwalks. Headwalks are generally parallel to the bulkhead.
6. Houseboat. The term “houseboat” shall mean any vessel or harbor structure, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation.
7. Human-Powered Vessel. The term “human-powered vessel” shall mean a vessel that is being propelled by the human body through the use of oars, paddles, or the like and without the use of wind, a motor, or other machinery.
I. Definitions: L.
1. Launching Facility. The term “launching facility” shall mean a generic term referring to any location, structure (ramps, docks), and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into and retrieved from the harbor waters.
2. Licensee(s). The term “licensee(s)” shall mean the person(s) who holds a validly issued short-term mooring license pursuant to Section 17.60.045.
3. Live-Aboard. The term “live-aboard” shall mean the use or occupancy of a vessel for human habitation (a) while at its mooring for a period exceeding seventy-two (72) hours in any thirty (30) day consecutive period; or (b) at its dock or berth in a commercial marina for a period exceeding one hundred eighty (180) days or more, in any three hundred sixty-five (365) day period.
4. Live Bait and/or Sea Life Receiver. The term “live bait” or “sea life receiver” shall mean an object for confining live bait or sea life such as those receivers fostering growth of sea life under the water, 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.
5. Live Load. The term “live load” refers to the weight of all temporary loads such as pedestrians and berthing loads.
6. Local Coastal Program (LCP). The term “Local Coastal Program” or “LCP” shall mean Title 21 and the City of Newport Beach Coastal Land Use Plan adopted by the City and certified by the Coastal Commission in order to implement the provisions and policies of the Coastal Act at the local level.
7. Longshore. The term “longshore” shall mean parallel to and near the shoreline.
8. Lower Newport Bay. The term “Lower Newport Bay” shall mean the area of Newport Bay south of the centerline of Coast Highway.
J. Definitions: M.
1. Maintenance Construction. The term “maintenance construction” shall mean the reconstruction or replacement within the existing footprint of twenty (20) percent, or less, of the total replacement value of an existing pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure, as well as other criteria as stated in subsequent sections of this title. Construction estimates and the total value of work on any given project is based on predetermined values of various work on record with and established by the Building Official.
2. Mainwalk. The term “mainwalk” shall mean that portion of a dock that serves as a primary pedestrian access to fingers and slips. Fingers are generally attached directly to mainwalks. Mainwalks are generally perpendicular to the bulkhead and headwalk, and may connect directly to a headwalk.
3. Marina. The term “marina” shall mean a commercial berthing facility (other than moorings, anchorage or noncommercial pier) in which five or more vessels are wet-stored (in water) and/or dry-stored (on land/racks) for more than thirty (30) days.
4. Marine Activity Permittee. The term “marine activity permittee” shall mean any person, or persons, partnership, corporation, or other entity holding a permit issued pursuant to the provisions of Chapter 17.10.
5. Mean Lower Low Water (MLLW). The term “mean lower low water” or “MLLW” shall mean the nineteen (19) year average of the lower low water heights. MLLW is the datum used to define elevations of structures within the bay, along the coastline, and for navigation.
6. Mono Pile. The term “mono pile” shall mean a normally large diameter pile that is used for mooring large boats that generally cannot be accommodated by floating docks. Generally, mono piles and dolphin piles are used for similar purposes.
7. Mooring. The term “mooring” shall mean a device consisting of a floating buoy or other object that is secured to the harbor bottom by an anchor system for purposes of securing a vessel and includes any apparatus used to secure a vessel in Newport Harbor which is not carried aboard such vessel as regular equipment when under way.
8. Mooring Area. The term “mooring area” shall mean an area designated for a group of moorings.
9. Motorboat. The term “motorboat” shall mean any vessel being propelled by machinery.
10. Mudline. The term “mudline” shall mean the highest elevation of accumulated sediments.
11. Multiple Vessel Mooring System. The term “multiple vessel mooring system” shall mean a floating platform secured to a single or double anchor mooring system which allows multiple vessels to be secured.
K. Definitions: N.
1. New Construction. The term “new construction” shall mean: the erection or construction of a new pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure; or the improvement, conversion, extension, reconstruction or replacement of more than twenty (20) percent of the replacement value of an existing pier, float, gangway, piling, bulkhead, seawall, reef, breakwater or other structure. Construction estimates and the total value of work on any given project is based on pre-determined values of various work on record and established by the Building Official.
2. Newport Bay. The term “Newport Bay” shall mean the estuary consisting of the Lower Newport Bay and the Upper Newport Bay.
3. Newport Harbor. The term “Newport Harbor” shall mean the water area within the Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve.
4. Nonprofit Organization. The term “nonprofit organization” shall mean an entity that registers with the Internal Revenue Service or the State Franchise Tax Board as tax exempt and, as a result, designated as tax exempt by the Internal Revenue Service or the State Franchise Tax Board.
L. Definitions: O.
1. Offshore Mooring. The term “offshore mooring” shall mean a mooring that is located bayward of the pierhead line and is comprised of a single or double buoy, weight and chain installed for the purpose of berthing a vessel, as provided by Chapter 17.25.
2. Onshore Mooring. The term “onshore mooring” or “shore mooring” shall mean a mooring for vessels which is located in the nearshore perimeter of the harbor and its islands, perpendicular to the shoreline, where one end of the mooring line is attached to a point on or adjacent to the bulkhead, and the other end is attached to a single buoy, weight and chain installed for the purpose of berthing a vessel, as provided by Chapter 17.25.
3. Open Coastal Waters. The term “open coastal waters” shall mean the area composed of submerged lands at extreme low water of spring tide extending seaward to the boundaries of the exclusive economic zone (twelve (12) to two hundred (200) miles). This includes navigation channels, turning basins, vessel berthing, anchorage and mooring areas of Newport Bay.
4. Operable. The term “operable” shall mean capable of safely maneuvering under the vessel’s own power from the mooring to a demarcation line designated by the appropriate authority and generally to be defined as the line between the seaward ends of the harbor entrance jetties and back to the mooring.
5. Operator. The term “operator” shall mean the person who operates or who has charge of the navigation or use of the vessel.
M. Definitions: P.
1. 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.
2. Permittee(s). The term “permittee(s)” shall be the person or entity who holds a validly issued permit under any provision of this title. Permittee(s) shall also include licensee(s), except in cases where such definition would conflict with another provision of this title.
3. 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, gangway or float, or any other landing facility or 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 or boat yards. For purposes of this title, 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(s), occupant(s), guest(s) or lessee(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.
4. Pierhead Line. The term “pierhead line” shall mean the harbor water area perimeter lines established in Newport Harbor by the Federal government or the City, in cooperation with private associations, 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 the Harbor Commission.
5. Project Line. The term “project line” shall mean the harbor water area channel lines of the improvements constructed by the Federal Government in 1935 through 1936.
6. Property Owner. The term “property owner,” for purposes of Chapter 17.50, shall mean the owner of the abutting upland property who has obtained a permit to place a structure in Newport Harbor.
7. 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 and includes all tidelands, submerged lands, the beds of navigable lakes and rivers, and historical tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.
N. Definitions: R.
1. Residential. The term “residential” shall mean those properties that are identified in Title 20 as a district that allows residential uses or areas designated and used for residential purposes.
2. Rhine Wharf. The term “Rhine Wharf” shall mean the area at the terminus of the Rhine Channel where vessels may load and unload supplies directly to and from the wharf while tied directly to the wharf.
3. Rhine Wharf Public Pier. The term “Rhine Wharf public pier” shall mean the pier and long float parallel to the Rhine Wharf, and which is used for public recreational purposes provided by the City.
4. Riprap. The term “riprap” shall mean a protective layer or facing of rock, concrete blocks or quarry stone, placed to prevent erosion, scour, or sloughing of an embankment or bluff.
O. Definitions: S.
1. Sail Area. The term “sail area,” as defined for the purposes of structural analysis or berthing facilities and structural pilings, shall mean the area of a boat, above the water line, that is exposed to wind under tied/berthed conditions.
2. Sailing Club. The term “sailing club” shall mean an organization operating from a fixed location and principally engaged in the coordination or facilitation of the use of boats owned or operated by the club for its members.
3. Seaworthy. The term “seaworthy” shall mean that the vessel is safe, operable and reasonably fit for its intended purpose, not leaking fluids overboard, and its hull, keel, decking, cabin and mast are structurally sound and generally free from dry rot.
4. Shore. The term “shore” shall mean the narrow strip of land in immediate contact with the sea, including the zone between high and low water line. A shore of unconsolidated material is usually called a beach.
5. Shoreline. The term “shoreline” shall mean the intersection of the ocean or sea with land; the line delineating the shoreline on National Oceanic and Atmospheric Administration (NOAA) Office of Coast Survey nautical charts and surveys approximating the mean low tide water line at the time the chart was prepared.
6. Side Tie. The term “side tie” shall mean a berth where the dock is alongside only one side of the boat.
7. Slip. The term “slip” shall mean a berth where the boat has a finger on one side and either another finger or adjacent boat on the other side.
8. Sport Fishing Charter. The term “sport fishing charter” shall mean a vessel chartered solely for sport fishing outside of Newport Harbor.
9. Submerged Lands. The term “submerged lands” shall mean lands which lie below the line of mean low tide.
10. Sub-Permit. The term “sub-permit” shall mean a permit issued by the Harbormaster for the temporary use of a deemed vacant or noticed vacant mooring.
P. Definitions: T.
1. Tidelands. The term “tidelands” or “public tidelands” shall mean all lands that were granted to the City by the State of California, including, but not limited to, submerged lands and/or lands that are located between the lines of mean high tide and mean low tide.
2. Tidelands Trust. The term “tidelands trust” shall mean all tidelands and submerged lands granted to the City by State or Federal legislation and the terms and conditions of any such legislative grant.
Q. Definitions: U.
1. Upland. The term “upland” shall mean land with a shared property line with and immediately adjacent to Newport Harbor.
2. Upper Newport Bay. The terms “Upper Newport Bay” and “Back Bay” are often used interchangeably. The term “Upper Newport Bay” shall mean the area of Newport Bay north of the centerline of Coast Highway.
R. Definitions: V.
1. Vessel. The term “vessel” shall mean any watercraft used as a means of transportation on water, whether mechanically powered, human powered or wind powered, including, but not limited to, ships and boats of all kinds, sailboats, catamarans, trimarans, dinghies, and every hulled structure adapted to be navigated from place to place for the transportation of persons or property.
2. Vessel Length. The term “vessel length” shall include the following:
a. Length overall as published by the manufacturer of a particular vessel (LOA).
b. Adjusted length overall (adjusted LOA) is the LOA plus the length including all vessel attachments which may include bowsprits, swim steps or stern mounted dinghies or other objects affixed to the vessel adding to the LOA.
c. In the event the LOA cannot be obtained from the published manufacturer specifications, then the LOA shall be determined by first, a United States Coast Guard (USCG) documentation certificate, or if none is available then second, by a State-issued registration document, or if none is available, then third by other official documentation certifying the LOA of the vessel acceptable to the Harbormaster at his or her discretion.
3. Vessel Owner. The term “vessel owner” shall mean the owner of the vessel as shown on current registration with the Department of Motor Vehicles or the United States Coast Guard.
4. Vessel Width. The term “vessel width” shall have the same meaning as “beam” defined above.
S. Definitions: W.
1. Walkway. The term “walkway” shall mean a walkway on a wide portion of the floating dock system that is used for pedestrian access. A walkway can refer to the headwalk, mainwalk and/or fingers.
2. Waters of Newport Harbor. The term “waters of Newport Harbor” shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise and whether or not the lands lying under the tidal water are privately or publicly owned.
3. Wind-Powered Vessel. The term “wind-powered vessel” shall mean a vessel that is being propelled by the wind through the use of sails and without the use of a motor or other machinery.
T. Definitions: Z.
1. Zostera Marina. See Eelgrass. (Ord. 2023-22 § 751, 2023; Ord. 2022-4 § 1, 2022; Ord. 2020-27 § 1, 2020; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2018-18 § 1, 2018; Ord. 2018-17 §§ 3—6, 2018; Ord. 2017-8 §§ 1, 2, 2017; Ord. 2017-7 §§ 1, 2, 2017; Ord. 2013-27 § 1, 2013; Ord. 2013-11 §§ 124—131, 2013; Ord. 2013-1 §§ 2, 3, 4, 5, 2013; Ord. 2011-6 §§ 1, 2, 2011; Ord. 2010-26 §§ 1, 2, 3, 2010; Ord. 2009-2 § 1, 2009; Ord. 2008-2 § 1 (part), 2008)