Chapter 17.30 HARBOR USE REGULATIONS

Chapter 17.30
HARBOR USE REGULATIONS

Sections:

17.30.020 Loading or Unloading Hazardous Materials.

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. An application for an aircraft landing permit shall be filed with the Harbormaster in accordance with Section 17.60.015. 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 or otherwise impact the health, safety and welfare of the public. In granting such permit, the City Council may impose such conditions on the exercise thereof as it deems appropriate. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020: 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 Marshal pursuant to California Fire Code Section 105.6 and Chapter 9.04. An application for a permit to load or unload any hazardous materials shall be filed with the Harbormaster in accordance with Section 17.60.015. The Fire Marshal shall issue the permit if he or she finds that the hazardous materials and the associated maintenance, handling and/or storage activities conform to the California Fire Code and this Code. The Fire Marshal may impose any conditions on the issuance of the permit necessary to protect the health, safety and welfare of the public. The decision of the Fire Marshal may be appealed in accordance with Chapter 15.80. (Ord. 2023-22 § 758, 2023; Ord. 2020-5 § 1 (Exh. 1) (part), 2020: Ord. 2008-2 § 1 (part), 2008)

17.30.030 Live Bait and Sea Life.

A. Requirements for Live Bait/Sea Life Receivers. All live bait/sea life receivers used within the waters of Newport Harbor shall be fitted with screen trays in the bottom thereof so as to retain all dead bait or sea life or other debris within the receiver which can be raised to dispose of the dead bait/sea life or other debris. 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.

B. Nonconforming Bait and/or Sea Life Receivers. Storage of live bait or sea life other than in a receiver conforming to the requirements hereof is prohibited. After three days’ written notice, served in accordance with Section 1.05.030, to the owner of a nonconforming receiver, it may be removed by the Harbormaster and stored at the expense of the owner.

C. Commercial Bait Boats, Bait and Sea Life Receivers. All boats used to catch or furnish live bait or sea life shall, at all times, have aboard a covered receptacle in which shall be placed all dead bait and other sea life debris. 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.

D. Disposal of Bait. No person shall chum, place or allow to be placed any live or dead bait, fish or other sea life debris in the unconfined waters of Newport Harbor or on the waters of the Pacific Ocean within the jurisdiction of the City except when it is attached to a hook or hooks in the act of fishing.

E. 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. 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 written approval of the Harbormaster or when authorized by a lease issued pursuant to Chapter 17.60. (Ord. 2023-22 § 759, 2023; Ord. 2018-17 §§ 30, 31, 2018; Ord. 2013-11 § 151, 2013; Ord. 2008-2 § 1 (part), 2008)

17.30.040 Special Event Permits.

If a permittee proposes a use of Newport Harbor other than that allowed by this Code, he or she must first obtain a “special event permit,” as provided by Chapter 11.03. Upon issuance of the special event permit, the City may impose conditions on the permit to assure that the proposed use does not affect the health, safety or welfare of the residents of Newport Beach. (Ord. 2020-5 § 1 (Exh. 1) (part), 2020)