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HomeMy WebLinkAboutCC Ord 1370 1993-06-28 ORDINANCE NO. Pft' AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA REGARDING HARBORS AND HARBOR SANITATION AND AMENDING THE CODE OF THE CITY OF SEAL BEACH I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 3-1 of Article I of Chapter 3 of the Code of the City of Seal Beach is hereby repealed. Section 2. Section 14-3 of Article I of Chapter 14 of the Code of the City of Seal Beach is hereby amended to read as follows: "Sec. 14-3. Depositine Waste on the Beach or Pier. 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 in or upon any beach or on any pier within the City except in waste receptacles designated for such purposes." Section 3. Chapter 4 of the Code of the City of Seal Beach is hereby amended by adding Article III to read as follows: I "Article III Harbors and Harbor Sanitation Section 4-25. ~. The provisions of this article shall, unless otherwise expressly provided, apply to all harbors and other publicly-owned or operated inland waterways and to any and all waters of a harbor within the City. Section 4-26. Definitions. For the purposes of this article, 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, and words not defined herein or that Code shall 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 approved by the Federal Government. (b) "Bulkhead line" means the line or point where the outer portion of the bulkhead meets the water. I (c) "Commercial activity" means 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 service and sight-seeing vessels. I I I Ordinance Number ~~I7l? (d) "Director" means the Director of Parks and Recreation. (e) "Mooring" means any appliance used to secure a vessel other than a pier or dock, which is not carried aboard such vessel as regular equipment. (t) "Pierhead line" means the line between the bulkhead 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 pierhead line shall be determined by the City Council. (g) "Protected swimming area" means any 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" means 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. Section 4-27. Administrative Authority. The responsibility for enforcement of this article is delegated to the Director of Parks and Recreation 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 article takes place. Section 4-28. 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 applied for and obtained a permit for such activity from the Director. Notwithstanding the foregoing, however, 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, other than such vessels operating from the municipal pier pursuant to authority conferred by the City of Seal Beach. The operation of vessels in the City exempted from the permit required by this Section is prohibited and constitutes a violation of this article and of Chapter 28 of this Code. Receipt of a permit issued under this article shall not exempt the permittee from compliance with Chapter 28 of this Code and the permittee shall also apply for and obtain any permits or approval required by that Chapter. Section 4-29. Ap-plication for Permit. An application for a permit under this article shall be filed with the Director upon forms provided by the City and shall contain the following information and such other information as the Director may require: (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. Ordinance Number /:i 7,., . (d) A drawing of the boat, watercraft and other facilities 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 other facilities, including but not limited to: I (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. (t) 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 available for the proposed opera~ion. (h) A full description of a plan for monitoring discharge of waste from boats moored, tied or anchored in any facility owned, leased or controlled by the permittee, his employees or agents. The description shall include a method of minimizing waste discharge and the way in which the plan will be employed and shall provide a detailed description of a means of enforcement. Said plan must provide that no person may use a boat slip, mooring, dock, or any place of any other description where a boat can be secured, which is owned, leased or controlled by the permittee, unless such boats are connected to the sanitary sewer system or equipped with an approved holding tank designed to retain all waste on board. Vessels with holding tanks must, at all times, be treated with dye tablets placed into the vessels' marine sanitation devices. Such dye tablets shall be a type commonly used to test the integrity of sanitary sewer systems and as approved by the Director as complying with the intent of this section. I (i) Lessors subject to this section must include in any lease or rental agreement a provision stating that any violation of this section will be grounds for termination of the boat slip lease or rental agreement. It shall be a condition of any permit to operate issued pursuant to this article that the permittee shall not allow any tenant or other person under his or her control to violate any provision of this article. Section 4-30. Filing Fee. An application as required by this article 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. Such fee shall be in addition to any other fee or tax imposed by the City of Seal Beach including, but not limited to, any license tax imposed pursuant to Chapter 11 of this Code and any permit or application fee imposed pursuant to Chapter 28 of this Code. Section 4-31. Grounds for Issuance or Denial of a 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 surrounding area. I (b) Whether the proposed commercial activity will comply with the requirements pertaining to noise control contained in Chapter 130 of this code, as it now exists or shall hereafter be amended. I I I Ordinance Number ;I~;1~ (c) Whether the proposed commercial activity will have an adverse effect on the efforts to keep harbors free of pollution and litter. 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 interfere with the rights of others to use such harbors within the City. (d) Section 4-32. Permit - Denial - Appeal. If the Director denies a permit, the applicant may, within ten days after issuance of notice of the denial of the permit, tile an appeal in writing with the City Clerk. The City Clerk shall set the appeal for hearing before the City Council, and shall give the applicant ten (10) days' written notice prior to the date the appeal is to be heard. Section 4-33. Duration of Permit. Any permit issued pursuant to the provisions of this article shall remain valid until it is suspended, revoked, or abandoned. A permit shall be deemed abandoned if the permittee fails to obtain or renew any business license when required to do so by Chapter 11 of this Code. Section 4-34. Revocation or Suspension. Any permit granted pursuant to the provisions of this article may be revoked or suspended by the Director, 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 tiled adequate evidence of liability insurance coverage with the City, or has allowed its insurance coverage to lapse or be canceled. (c) For the violation of any rule, regulation or condition set forth in or authorized by this code. (d) For the violation of any law or regulation of the State, City, County of Orange, or the Orange County Harbor District, relating to the operation of the business by the permittee or any of his employees. Section 4-35. Liability Insurance and IndemnilY. (a) Insurance. No permittee shall engage in or carry on any commercial activity in or on the waters of a harbor in the City unless there is on file with the City, and in full force and effect at all times while such commercial activity is conducted, a certificate of insurance approved by the City Attorney. Minimum liability insurance coverage shall be established by resolution of the City Council. Such public liability insurance policy shall name as additional insureds the City, its officers, agents, and employees, and shall insure against all claims arising out of or in connection with the activity for which the permit was obtained. (b) Indemnity. It shall be a condition of any permit issued pursuant to this article that the permittee shall provide the City, in a form acceptable to the City Attorney, an agreement to indemnify, defend (with counsel of the City's choice), and hold harmless, the City, its officers, agents and employees against any and all claims arising out of or in connection with the activity for which the permit was obtained. Ordinance Number /31tJ Section 4-36. De.vosit 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. Section 4-37. 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. I Section 4-38. Discharl!e of Flammables Prohibited. No person 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. Section 4-39. Sil!ns Prohibiting Waste Disposal. The owner or operator of any commercial docking facility or marina located on the waters of a harbor shall install in conspicuous locations on the premises and maintain at his own expense signs to inform the public of the regulations prohibiting 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 Recreation and Parks. Section 4-40. Storaee on Shoreline Prohibited. No person shall place or allow any abandoned vessel or other material, garbage, refuse or timber or waste matter of any type whatsoever to remain on beaches, piers, wharves, jetties, groins, bulkheads, seawalls, floats or shoreline of any harbor. For purposes of this section, a vessel or boat shall be deemed abandoned if it is I found in a public place or in public view in a state of disuse or disrepair or if it is found in any place without authorization to be there. Section 4-41. Vessel Wastes. No person shall own or operate a vessel equipped with any head, toilet, or receptacle for human waste in or on the waters of a harbor unless: (a) The vessel is also equipped with a holding tank designed to retain all human wastes deposited in said head or receptacle until such time as the sewage can be discharged into a sanitary sewer system or discharged otherwise in accordance with law; or (b) The head or receptacle is connected directly to a sanitary sewer system; or (c) The head or receptacle is connected to an on-board sewage treatment system which produces an effluent meeting such standards as may be approved by the county health officer for discharge into the waters of a harbor. Section 4-42. Marina Pump-out Facilities. The owner and operator of every commercial marina shall provide a permanent holding tank pump-out facility or equivalent service which is operable and available for use at all times the marina is in operation and which is capable of servicing all vessels berthed, docked or moored at the marina. Section 4-43. 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. " I I I I OrdInance Number .~;1" Section 4. Ifany section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. To the extent the provisions of this ordinance are substantially the same as Sections 3-1 and 14-3 of the Code of the City of Seal Beach as those Sections existed on the day before this ordinance took effect, the provisions of this ordinance are intended to be, and shall be construed as, continuations of those prior provisions and not as new enactments. Section 6. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted or published as required by law. PASSED, APPROVED AND ADOPTED by the City coun~ he City of Seal Beach at a meeting thereof held on the ~ day of , 1993. _ d~-^-/.oL .Ar-b, Mayor CITY OF SEAL BEACH A~ ~d" J)jJ City, rk - ~~~'\1\\.\\"\ ~o~ SEAL 8~\\11 : ......... f:ttf, 'I if...-4...."<.0.'Ofl4;.. CJ/ if i:1 ~,~ . '0...-" fl. ii! . . "\ J!..: ~~-ll ~ . . ~ ~o: .:~~ ~"'~o Q:2:i ~'J" ........0 ~..l8'~ ~"''f,.1 Q;..~(" 21, ,:~..~.# ~ ~ C'; ....... c.~ .:' 11\\, OUN'I'f. ;- .,\,\\\",,*~ ~, I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Joanne M. Yeo, City Clerk of the City of Seal Beach, Califorqij, do hereby certify that the Ii oing Ordinance is an original copy of Ordinance Number A9 '0 on file in the office f the City Clerk, introduced at a meeting held on the /- day of , 1993, and passed, appro~~ adopted by the City Co nciJ of the City of Beach at a meeting held on the - day of , 1993 y the following vote: AYES: Councilmemb NOES: ABSENT: Councilmemb rs (7 I and do hereby further certify that . nce Number /&"7" has been published pursuant to the Seal Beach City Charter and Resolution Numb~ Ordinance Number ~;1~ . PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange This space for for the County Clerk's Filing Stamp I I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv in the City of s.wn Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24f75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to.wit: -r -, . \J u. n r' ,~\ 1....1 all in the year 19JU.... Proof of Publication of (; I I . .,>_l)-;'!~(! XV, ~-~ !)(1.\'.r.(.(,(:( :(- SUMMARY -.a__a 1"-~"'L1._ IIMrA1W'lMIIa:lI...1WM 0IdNnc:0 N_,IIll.. 1M CIr 0' Sui ....h OI'ulio"". ...h.b. ~uJ".'nI. ,.ladng 10 IN UN ot --"~81r_ - 1110 ..........._... 111I c.r.... rog.r.'.... 01 111. CItr of HumlnDlOn Bnch 111.. Illowing ooI_Gl_ ............ "'IM_-br_;.iIdi:Iion. Clldma,."., 1110.. __., 1M IIgu11t Cq Co&n:iI-. 01 Juno I '11I\ '.31llll,,-,,__ brIMIIaIooiv _ AYES: .....Iloono, r...,..., NlI:S ::::... ASSENI": wm -- " . I~.:{ J:~ ~Jtc{. ">,-t) .1 ()lignature , 0nIin1llCO N_ 1310... -.. ....~d -IV .11II " ....ilorod lor ....,...IIIhoIllgUllr-.oIJuno -"I83.Copioa..OnIIwaNtllflo, 11100lI_lllho_oIIMCIy CIo". Chr H.", 211.11II_" SolI -';__11111I411". DATED THIS ISII...,........,. .......... Voo,ClyClldl CIy"SooI_ -IN.'. NlndIl..SooI....._ I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, ;)J -r ^ this ~ day of Ii (I'l../'./ ,19Jl.a... PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. t am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of 5.aal Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California. under the date of 2/24{75. Case Number A82563; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: ~-g all in the year \ 9Jla.,. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California. this L day of ~' 19J1a.,. (1'~IL' .bo.c~r Signatur81. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 , -Ordinance Number ./:17& This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/SUMMARY ORDINANCE ............................ . ............................ . SUMMARY ~_m11 ..... __t3lllolhClr"SooI ___n~.." ~"h.."..__h _mlla,__TIIo~~::r- ..._.....h_ '01 ..e.,,, ~ _IIU-..g .n1_....." _lion ........0.. _..__br_pIIdo:IiDn, __t3lll"_._ _and__."_Clr Courcl-. ill.. 21, I."''' ~_. A'1E8: __ o.u........ 1IOES:ll::"" _:~ -- =01001__ _1170... ... _ a1..Clr QIlk, Clr IlII. 211._ SooI~""'" lItD)4Ita27. IIAllDnaBlIIIIh....a1......I... _II. y-.CIJCIalIl ClyalSool_ =.:=.110II_....