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HomeMy WebLinkAboutOrdinance #2374 ORDINANCE NO. 2374 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 13. 32. 020 , AND ADDING CER- TAIN SECTIONS TO CHAPTERS 13. 32, 13. 36 AND 13.44 REGULATING CERTAIN ACTIVITIES IN THE CITY'S HARBORS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by amending Section 13. 32. 020 to read as follows : 13. 32. 020 Definitions . For the purpose of this chapter, the following terms shall have the respective meanings set forth herein unless the context in which they are used clearly 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 meaning ascribed to them in ordinary usage : (a) "Anchorage area" means any portion of a harbor which has been designated as an anchorage area pursuant to law and ap- proved by the Federal government . (b) "Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. (c) "Commercial activity" shall mean any service, trade, business or occupation carried on for which any monetary or other valuable consideration is received, or for the purpose of profit, and shall include but not be limited to water taxi serv- ice and sight-seeing vessels. (d) "Director" means the director of harbors, beaches , recreation and parks . (e) "Mooring" means any appliance used to secure a vessel other than to pier or dock, which is not carried above such vessel as regular equipment . (f) "Pierhead line" means the line between the bulkhead and the waterway which line separates the area open for naviga- JG : ahb 1 . 5/l/79 tion from the area extending outward from the bulkhead in which the mooring and docking of vessels is permitted. The exact dis- tance from the bulkhead to the pierhead line shall be determined by the city council . (g) "Protected swimming area" means an area for swimming set aside by the city council and designated by or outlined by lines , floats or buoys . (h) "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. (i) "Vessel" includes any watercraft, vehicle or object used or capable of being used as a means of transportation or movement on or under water except a seaplane. (j ) "Waters of a harbor" means all water 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 or otherwise and whether or not the land lying under said tidal waters is privately or publicly owned. p Y E SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto Sections 13. 32. 030 through 13. 32.110, 13. 36.110 through 13. 36.150, and 13. 44. 080 to read as follows : 13. 32.030 Administrative authority. The responsibility for enforcement of these chapters is delegated to the director of harbors, beaches, recreation and parks, and such of his agents as he may designate to perform said duty, as well as by peace officers having jurisdiction in any area in which violation of any provision of this title takes place. 13. 32. 040 Permit for commercial activities required. No person shall engage in or carry on any commercial activity on the waters of harbors within the city without first having ap- plied for and obtained a permit for such activity from the direc- tor. EXCEPTIONS : the requirement to obtain a commercial activity permit is not applicable to persons operating commercial fishing vessels or private vessels chartered primarily for use outside harbors within the city. Said activity shall be prohibited and considered a violation of this chapter and zoning regulations . 13. 32 .050 Application for permit . An application for a permit under this chapter shall be filed with the director upon forms provided by the city, and shall contain the following in- formation and such other information as the director may require : 2. (a) The name, business address and business telephone number of applicant . (b) If the applicant proposes to conduct business under a fictitious name, the application shall state the name, address and telephone number of each person owning a financial interest in the business. (c ) The name, address and telephone number of the person or persons who will have general management responsibility for the applicant 's business. (d) A drawing of the boat, watercraft and/or other fa- cilities which the applicant proposes to use, together with such specifications and other technical data as may be needed for proper evaluation of the application. (e) A full description of the proposed method of operation of such vessel , watercraft and/or other facilities , including but not limited to : (1) Hours of operation; (2) Maximum number of patrons or passengers; (3) Route or routes of travel; (4) Embarkation and debarkation points ; (5) Types of activities to be permitted on board; and (6) Types of merchandise to be sold. (f) A description of the manner in which the applicant intends to dispose of sewage, trash and litter resulting from the operation. (g) A description and location of parking facilities avail- able for the proposed operation. 13. 32 .060 Filing fee. An application as required by this chapter shall be accompanied by a fee in an amount, established by resolution of the city council, to compensate the city for the administrative costs of processing such application. 13. 32 .070 Grounds for issuance or denial of permit . The director shall determine whether to issue or deny a permit after considering the following factors : (a) Whether the proposed commercial activity is compatible with the predominant characteristics of the harbor and its sur- rounding area. (b) Whether the proposed commercial activity will comply with the requirements pertaining to noise control contained in 3. Chapter 8.40 of this code. (c) Whether the proposed commercial activity will have an adverse effect on the efforts to keep harbors free of pollu- tion and litter. (d) Whether the vessel or watercraft proposed to be used by the applicant satisfies the applicable standards of the U. S. Coast Guard. (e) Whether the proposed method of operation will create unreasonable traffic problems in the harbors which would inter- fere with the rights of others to use such harbors within the city. 13. 32 .080 Permit--Denial--Appeal. If the director refuses to grant the permit, the applicant may, within ten days after re- ceipt of notice of refusal to grant the permit, file an appeal in writing with the city clerk. The city clerk shall set the ap- peal for hearing before the city council, and shall give the ap- plicant ten days written notice prior to the date the appeal is to be heard. 13. 32.090 Duration of permit . Any permit issued pursuant to the provisions of this chapter shall continue to be valid unless such permit is suspended or revoked. 13. 32.100 Revocation or suspension. Any permit granted pursuant to the provisions of this chapter may be revoked or suspended by the director, either in whole or in part, after five (5) days prior written notice to the permittee, directing him to appear at a certain time and place to show cause why the permit should not be revoked or suspended on any of the following grounds : (a) That the permittee has made a misrepresentation as to any material fact set forth in the application. (b) That the permittee has not filed adequate evidence of liability insurance coverage with the city, or has allowed its insurance coverage to lapse or be cancelled. (c ) For the violation of any rule, regulation or condition set forth in or authorized by this chapter. (d) For the violation of any law or regulation of the state, city, county of Orange, or the Orange County Harbor District, re- lating to the operation of the business by the permittee or any of his employees. 13. 32.110 Public liability insurance requirement. No per- mittee shall engage in or carry on any commercial activity unless 4 . there is on file with the city, and in full force and effect at all times while such commercial activity is being conducted, a certificate of insurance approved by the city attorneys office. Minimum liability insurance coverage shall be established by resolution of the city council. Such public liability insurance policy shall indemnify, defend and hold harmless the city, city council, elective and appointive officers , employees , boards and commissions of the city while acting within the scope of their official duties against all claims arising out of or in connection with the activity for which the permit was obtained. Failure of any permittee to maintain the insurance required by this section shall constitute grounds for revocation or suspension of his permit . 13. 36.110 Board vessel without permission. No person shall climb into or upon any vessel moored, docked or anchored in the harbors of the city without the consent of the owner or other person in charge thereof, except that in the event of an emer- gency, public safety personnel may board any vessel to preserve health and safety. 13. 36.120 Tampering with vessel. No person shall wilfully injure or tamper with, or break or remove any part of or from any vessel in the city, or tamper with the lines securing any such vessel, without the consent of the owner or other person in charge thereof. 13. 36.130 Vessel tie-up method. Every vessel lying at any pier in any harbor of the city shall be fastened thereto with lines , at least from the bow and stern, and in such manner as to insure the security of such vessel. No permittee, or his authorized representative, shall permit or allow any vessel under his control, lying at any pier to be fastened in a manner other than that set out in this section. 13. 36.140 Direct fueling prohibited. No person shall fuel any vessel with any petroleum product directly from a tank wagon or truck. 13. 36.150 Living aboard prohibited. No person shall moor or dock any vessel in a harbor in the city for use as living quarters either permanently or for a period in excess of seventy- two (72) hours. 13. 36.160 Abandoned vessel--Removal of. The chief of police , or his authorized agent , may remove, or cause to be removed, sell, destroy or otherwise dispose of any hulk, derelict, wreck or parts of any ship, vessel or other watercraft deemed "abandoned," as defined in section 522 of the California Harbors and Navigation Code , from any inland waters owned, operated and/or controlled by this city, including any public or private docks or slips therein 5. in accordance with the procedure set forth in said section 522. 13. 44.080 Dead animals. No person shall throw, place or leave any dead animal or putrefying matter of any kind in the waters of any harbor within the city, or on or along the shore thereof, or the shore of any tidewater in the city. SECTION 3. 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 Independent , a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of Jane 1979 . Mayor ATTEST: APPROVED AS TO FORM: 31- OA--X t4� City Clerk Ztg Atto e REVIEWED AND APPROVED : INITIATE AND APPROVED: City Administrator irector H bors , Beaches, Recreation and Parks 6. Ord. No. 2374 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ 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 ,2 .t_ day of May 19 79 , and was again read to said City Council at a regular meeting thereof held on the 4th day of .Tune 19 79 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, Mandir mar_AlligterF Bailey, Yoder„ Finley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been puc'oished In the Huntington Beach inde ndent on .... .. ...............i 19..7..y...... Orr z=ccm anee wah the City Charter of said City. l;LhlA Fr'. t^J ia'71NORTH.... .......... ...... .... . , City Clerk Deputy City Clerk