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HomeMy WebLinkAboutOrdinance #1430 ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO CHAPTER 76, ARTICLE 76o, BEING SECTIONS 7601 THROUGH 7661 PROVIDING REGULATIONS FOR THE CITYIS HARBORS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is here- by amended by adding thereto Chapter 76, Article 760, being Sections entitled "Harbors, " and reading as follows : CHAPTER 76 HARBORS ARTICLE 76o GENERAL 76ol. SCOPE. The provisions of this chapter shall, unless otherwise expressly provided, apply to all harbors and other publicly owned or operated land or inland water- ways in the City of Huntington Beach. 7602. DEFINITIONS. For the of this chapter, purpose P , the following terms shall have the respective meanings set forth herein, unless the context inwhich they are used clear- ly indicates a different meaning is intended. Words not defined herein which have the meaning ascribed to them by the Harbors and Navigation Code of the State of California, have the mean- ing ascribed to them in ordinary usage: 7602.1. ANCHORAGE AREA means any portion of a harbor which has been designated as an anchorage area pursuant to law and approved by the Federal government. 7602.2. DIRECTOR means the Director of Harbors and Beaches of the City of Huntington Beach. 7602.3. MOORING means any appliance used to secure a vessel other than to a pier or dock, which is not carried a- board such vessel as regular equipment. 7602.4. TURNING BASIN means that portion of any channel which has been so designated pursuant to law and approved by the Federal government for the purpose of permitting vessels to turn around or permitting their course of direction to be altered. 7602.5. VESSEL includes any watercraft, vehicle or object used or capable of being used as a means of trans- 1. portation or movement on or under water except a. seaplane. 7602.6 . WATERS OF A HARBOR means all waters in which the tide ebbs and flows whether or not the ordinary or mean high tide line of the Pacific Ocean ha,s been fixed by ordinance, statute, court, or otherwise and whether or not the land lying under said tidal waters are privately or publicly owned. 7602.7. PIERHEAD LINE means the line between the bulk- head and the waterway which line separates the area, open for navigation from the area, extending outward from the bulkhead in which the mooring and docking of vessels is permitted. The exact distance from the bulkhead to the pierhea,d line shall be determined by the City Council. 7602.8. BULKHEAD LINE means the line or point where the outer portion of the bulkhead meets the water. 7602.9. PROTECTED SWIMMING AREA means an a,rea, for swimming set aside by the City Council and designated by or outlined by lines, floats or buoys . ARTICLE 761 BOATING REGULATIONS 7611.. SPEED LIMIT. No owner, operator or person in command of any vessel except a, public officer in the per- formance of his duty shall operate said vessel or permit said vessel to be operated in any portion of any harbor at a, rate of speed in excess of five (5) miles per hour, or at any speed which creates a wake that ma,y cause damage to moorings of vessels or floating structures except as herein provided. 7612. BOAT LAUNCHING AND HAULING. No person shall launch or remove any vessel from the waters of a, harbor over any public sea,wa,ll, sidewalk, street or public proper- ty, except at locations where launching or removing vessels is conducted by a, regular business which ha,s the necessary equipment to do such work, or in those a,rea,s designated by the Director and posted for such purpose . Any launching site so designated and posted ma,y be regulated by resolution of the City Council as to hours of launching, size of vessels to be launched, types of vessels to be launched and the method and apparatus to be used in said launching. 7613 . DAMAGE TO PROPERTY. No person shall willfully or negligently destroy, damage, disturb or deface or inter- fere with any buoy, float, life preserver, sign, navigational marking, mooring or similar property owned or used by the City of Huntington Beach or under the jurisdiction of said city or any other governmental agency. 7614. LANDING OF AIRCRAFT. No person shall navigate on or land on or take off from the waters of a, harbor with any aircraft . 2. 7615. AIR PROPULSION ABOVE WATER PROHIBITED . No person shall operate on the waters of any harbor under the control of the City of Huntington Beach any vessel which is operated by mechanical air propulsion above the surface of the water. ARTICLE 762 SWIMMING REGULATIONS 7621. ACTIVITIES RESTRICTED IN PROTECTED SWIMMING AREAS. No person shall operate, drive, propel or permit to drift into said protected swimming area any vessel. 7622 . DESIGNATION OF SWIMMING ZONES . The City Council, by resolution, may designate zones in water areas contiguous or adjoin- ing water frontage areas owned, leased or controlled by the City of Huntington Beach within which swimming is allowed. The limits of all swimming zones so designated shall be posted by appropriate signs or markings . Swimming or wading for the purpose of recreation is pro- hibited except in the areas designated by said signs or markings . 7623. DIVING OR JUMPING FROM PUBLIC PROPERTY. No person shall dive, jump or enter into the water from or immediately in front of any bridge, pier, wharf, dock, flat , bulkhead, seawall, groin, jetty, natural rock formations or any other place , or object not specifically designated for the purpose of diving, jumping or enter- ing into said water . ARTICLE 763 HARBOR SANITATION 7631. DEPOSIT OF REFUSE PROHIBITED. No person shall throw, discharge, deposit or leave, or cause, suffer or permit to be thrown, discharged, deposited or left , any rubbish, dead animals, refuse matter or any waste matter whatsoever into the waters of a harbor, or upon any public pier, wharf, seawall, bulkhead, float, beach, jetty or street leading to such facility except in waste receptacles designated for such purposes . 7631.1. DISCHARGE OF TOILETS PROHIBITED . No person shall discharge, or permit , cause or suffer any person on a vessel under his control or command to discharge any human or animal waste or excreta from any head, toilet or similar facility or by any other means whatsoever into the waters of a harbor . 7631. 2. DISCHARGE OF FLAMMABLE MATERIAL PROHIBITED . No per- son shall throw, discharge, deposit , pump or leave or cause or permit to be thrown, discharged, deposited, pumped or left either from the shore, from any pier or vessel or from any other place whatsoever, any oil, spirits , or any flammable liquid into the waters of a harbor. 3• 7632 . SIGNS REQUIRED PROHIBITING DEPOSIT OF WASTE AND REFUSE. The owner or operator of any commercial docking facility or marina located on the waters of a harbor shall install and maintain at his own expense in conspicuous locations on the premises , signs to inform the public of the regulations pro- hibiting the discharge or depositing of any waste or refuse in the ::;waters of a harbor. Uniform standards and specifications for the design, lettering and general locations of such signs shall be prescribed by the Director of Harbors and Beaches . 7633 . SHORELINE STORAGE PROHIBITED. No person shall place or allow any abandoned vessel, boat or material, garbage, refuse or timber or waste matter of any type whatsoever to remain on beaches , piers , wharves , jetties, groins , bulkheads , seawalls , flats or shoreline of any harbor. ARTICLE 764 PIER AND DOCK REGULATIONS 7641 . PERMISSION REQUIRED TO TIE UP TO PIER OR OTHER VESSEL. No person having charge of any vessel shall make the same fast to a wharf, dock, seawall or the front of any pier without the consent of the owner, agent or person in charge of such .wharf, ;.dock, sea- wall or pier . No person shall make fast any vessel to any other vessel already occupying any wharf, dock, seawall, or the front of any pier either public or private . No vessel shall be allowed to extend beyond the pierhead line into the public right of way . 7642 . TYING UP VESSEL. Every vessel lying at any pier shall be fastened thereto from bow and stern with such lines and in such manner as to assure the security of the vessel. 7643 . DIRECT FUELING PROHIBITED. No person shall fuel any vessel secured to or adjacent to a wharf, dock, seawall or any pier with any petroleum product directly from a tank wagon or truck. ARTICLE 765 PERMITS AND FEES 7651. PERMITS REQUIRED . No person shall erect , construct , enlarge, alter, repair, move, convert or demolish any pier, dock, wharf, float or buoy within the City of Huntington Beach without obtaining a permit to do so from the Director of Public Works . hh 7652 . FEES . The permit for rp]rivate facilities shall be $25 . shal�eee1based nrt ie ees1 ec�uir°en °cyn ect od �3 g h eief�r�1 Err es Building Code , and as may be set from time to time by ordinance . 4 . ARTICLE 766 ENFORCEMENT 7661. PENALTY. Any person or persons violating any of the provisions of this chapter shall be deemed guilty of a misde- meanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is com- mitted, continued or permitted and upon conviction of any such violation, such person shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment for not more than six (6 ) months , or by both such fine and imprisonment . SECTION 2 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California . PASSED AND ADOPTED by the City Council of the City of Hunt- ington Beach, California at a regular meeting thereof held on the 5th day of August 1968 . Mayor ATTEST: City erk APPROVED AS TO FORM: Assistant City Attorney 5 . Ord. No.1430 STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the T 1st day of July 19-68 , and was again read to said City Council at a regular meeting thereof held on the 5th day of 1968 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council® AYES: Councilmen: Bartlett, McCracken, Kaufman, Matney, Green, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley City Clerk and x-officio Clerk of the City Council of the City of Huntington Beach, California 1. MAUL C. JONES, CITY CLERK of the City bf Huntington Beach and ex•officio Clerk of the City Council, do hera-y certify that his crdinsnce has been,)published in th Huntingt:>n Beach mews on in c e it the•City barter of said City, Citty Clerk . . ......... -Z.' Deputy City Clerk