Chapter 17.25 — BERTHING, MOORING AND STORAGE

A. Docking Permission Required.

1. No person having charge of any vessel shall make the same fast to any pier, either public or private, in Newport Harbor, or permit the same to remain at such location after finishing loading or unloading such vessel, without the consent of the City, owner, agent, or person in charge of any such pier.

2. No person shall make fast any vessel to any other vessel already occupying any pier, either public or private, without first obtaining a special event permit as required in Chapter 11.03. At the Rhine Wharf, the Harbormaster shall have the authority to authorize this activity, via a Rhine Wharf permit, under either of the following conditions:

   a. A commercial fishing vessel is loading or unloading, and no other mooring or berthing space is available in Newport Harbor for this purpose; or

   b. A vessel is taking refuge from inclement weather and no other mooring or berthing space is available in Newport Harbor for this purpose. In no event shall more than one vessel be made fast to the dockside vessel and no other vessel shall be made fast to the outboard vessel. Both vessels shall have operators aboard at all times.

3. No person holding a harbor development permit issued under the terms of Chapter

A. Designated Areas. In the designation of mooring areas and anchorage areas, consideration shall be given to the needs of commerce, the utilization of the turning basins, the use of channels for navigation, and the economy of space.

1. No person owning, leasing, occupying, or having charge or possession of any vessel
shall:

a. Berth or anchor the same in Newport Harbor except within the designated areas;
or

b. Anchor a vessel in any of Newport Harbor’s designated public anchorage areas
or at any location on the open waters of the Pacific Ocean within five hundred
(500) yards of a designated protected swimming area for a cumulative period of
time that exceeds seventy-two (72) hours within any thirty (30) day period. The
Harbormaster may authorize, in writing, an extension to the seventy-two (72)
hour time limit if the Harbormaster determines that given the particular
circumstances an extension of time is reasonable and warranted.

2. Any vessel which is berthed, moored or anchored at a place in Newport Harbor not
designated for such vessel shall be moved as directed by the Harbormaster.

3. Mooring permittees shall, at their expense, move their vessels or relocate to another
mooring when deemed necessary by the Public Works Director and/or Harbormaster
to address vessels drifting from their assigned mooring locations or to address safety
or navigational concerns. Offshore mooring permittees who are assigned to mooring
rows with established lengths that are greater than the permittees’ mooring lengths by
at least five feet shall be subject to relocation for the purpose of accommodating

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City of Newport Beach, CA § 17.25.020 NEWPORT BEACH CODE § 17.25.020

mooring extension requests under Section 17.60.040(M), with the costs to be borne
by the requestor of the extension. The costs of moving the vessels or relocating to the
reassigned mooring shall include the costs of moving the mooring equipment.

B. Application of Chapter. The terms of this chapter, as they relate to moorings and buoys,
shall apply to “on-shore moorings” which are moorings located landward of the pierhead
line and to “offshore moorings” which are located bayward of the pierhead line, with equal
force and effect.

C. Berthing.

1. Boats berthed at private or public piers shall not extend beyond the prolongation of the side property lines of the property or properties to which the pier is connected in accordance with Section 17.35.020. 2. Any boat berthed at a pier or slip shall not extend bayward beyond the end of the pier or slip by a distance of more than the maximum width of its beam. Between Bulkhead Station 256, beginning at Collins Avenue to Bulkhead Station 255, boats moored at a pier or slip shall not extend more than fifteen (15) feet bayward beyond the end of the pier or slip or more than the width of the beam of the boat, whichever is less.

   D. Permit Required. No person shall place, erect, construct or maintain a pier mooring or buoy in the waters of Newport Harbor over City-owned or controlled tidelands without first having obtained a permit pursuant to this title.

   E. Unauthorized Use of Mooring. No person shall use a mooring unless he or she holds a current and valid permit except with the permission of the Harbormaster for temporary use, as herein provided.

   F. Mooring System Chains and Fastenings.

   1. No person shall erect, construct or maintain any mooring in Newport Harbor unless
   all chains and fastenings are of sufficient size to stand a breaking strain of at least six
   times the weight of the mooring.

   2. All mooring lines on buoys shall be so arranged that, when dropped, they will
   immediately sink. It shall not be a violation of this subsection for a double mooring
   to connect two mooring anchor lines or buoys with a spreader line having floats
   attached thereto to keep such spreader line afloat when the mooring is unoccupied.

   3. With the approval of the Harbormaster, mooring permittees may use a single buoy
   system for a two-point mooring by use of a sand line, defined as a line from one
   anchor line to the opposing anchor line and that is properly weighted to immediately
   sink when dropped. The mooring permittee shall submit a mooring modification
   request to the Harbormaster with details of the modification, including diagrams, if
   requested. The Harbormaster may approve or conditionally approve the request if the
   Harbormaster determines that the modification will not result in any safety or
   navigational concerns.

   G. Buoy Markings. Mooring buoys shall be painted with the number allocated thereto by the Harbormaster to the mooring, the numeral(s) of which shall be at least three inches in height.

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City of Newport Beach, CA § 17.25.020 HARBOR CODE § 17.25.020

H. Mooring, Anchoring and Vessel Condition Requirements.

1. Anchoring and Mooring. All vessels anchored on the open waters of the Pacific Ocean or in the designated anchorage area in Newport Harbor shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure. Vessels anchored in the designated anchorage area in Newport Harbor shall also not extend beyond the demarcation line of the designated anchorage area. All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stern in such a manner as to prevent the vessel from swinging, turning or drifting in a way that interferes with or impedes safe navigation around the moored vessel, except in areas designated by the Harbormaster as single mooring areas. Vessels in single mooring areas shall be tied from the bow. Double or two-point moorings that are equipped with two mooring buoys for mooring to both bow and stern are required to have at all times (a) a vessel properly tied to both mooring buoys or (b) a spreader line secured and connected to both buoys. The spreader line shall be kept clean of algae and other marine growth to ensure it remains easily visible. The maximum permitted mooring lengths shall not exceed the established length of their mooring rows. No portion of a moored vessel or any object attached to the vessel may extend into the mooring field fairways. 2. Vessel Condition. Safety, Seaworthiness and Operability. Vessels assigned to a mooring by permit must be maintained in a safe, seaworthy and operable condition. If, based upon the appearance of the vessel, inspection by the City or other facts, the Harbormaster has cause to believe a vessel is not safe, seaworthy and operable, the Harbormaster shall give written notice to the permittee, in accordance with the service requirements of Section 1.05.030, requesting a demonstration that the vessel is safe, seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the Harbormaster that the vessel assigned to the mooring is safe, seaworthy or operable. In the event that the Harbormaster determines that vessel is not safe, seaworthy or operable, the permittee shall: a. Commence repairs within 30 days upon service of the written notice of such determination and complete repairs within 90 days of the commencement unless the Harbormaster, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs; or b. Remove the vessel within 30 days of service of the written notice of such determination and request assignment of a different vessel that is safe, seaworthy and operable to the mooring within 60 days after the removal of the vessel. This section is not intended to apply to any brief period of repair common to most vessels. The Harbormaster may repeat his or her request to test operability and seaworthiness as needed. 3. Vessel Condition—Public Nuisance. No person owning, leasing, occupying or having charge or possession of any vessel in Newport Harbor shall maintain, permit, cause or allow to exist on such vessel any of the following conditions: a. Promotion of a fire hazard, including, but not limited to, improper open fuel storage, deficiencies in the vessel's fuel storage tanks, inoperable electrical systems, storage of combustible or other flammable material that constitutes a fire hazard to any vessel;

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City of Newport Beach, CA § 17.25.020 NEWPORT BEACH CODE § 17.25.020

b. Retention of water that becomes stagnant, unsanitary, or polluted;

c. Accumulation or storage of rubbish, trash, debris, rubble, containers, or boxes
that are visible aboard the vessel or stored inside the vessel in such a way as to
make the vessel inoperable for its intended use;

d. Storage or securing a vessel in such a way that it impedes pedestrian travel on
City beaches and tidelands;

e. Contribution to hazards to public safety or health, such as, but not limited to:
propagation of vermin, rats, insects, or unsanitary conditions from the
accumulation of fecal materials;

f. Maintenance in such unseaworthy condition that the vessel is unsafe, unsightly or poorly maintained, including, but not limited to: broken windows, unsecured doors or hatches, excessive marine growth attached to the vessel, being inoperable for the vessel's intended use, partially destroyed or partially repaired for more than three continuous months, providing access to marine mammals, actively seeping hazardous or toxic material into the surrounding waters, or would present a physical danger to public safety personnel during emergency access;

g. Operation of its mechanical or electrical systems creates excessive noise, odors,
vibrations, fumes, discharges or emissions that constitute an impact on public
health or safety;

h. Violation of the terms and conditions of other use or rental permits as granted
by the City;

i. Allowance of repetitive, boisterous or unruly conduct by the vessel operator or
occupants when that conduct:

i. Is offensive to a person of ordinary sensibility, and

ii. Continues after a written or oral request to terminate the conduct, or

iii. Is offensive to a considerable number of people;

j. Anchorage in an area controlled by the City without adequate anchor(s) rope or
chain appropriate for the wind and sea conditions encountered in Newport Bay;

k. Inability of a vessel on a shore mooring to be self-righting on an incoming tide
without flooding the vessel;

l. Attachment to a mooring in such a way that the vessel regularly drifts or
impedes safe navigation in Newport Bay;

m. Failing to connect a portable or permanently installed marine sanitation system,
if any, to an internal holding tank while operating, anchoring, mooring, docking,
or otherwise maintaining a vessel in Newport Harbor;

n. Failing to have an operable portable marine sanitation device or a permanently
installed marine sanitation system for any vessel on which a person may stay
aboard overnight pursuant to a mooring permit, mooring sub-permit, mooring

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City of Newport Beach, CA § 17.25.020 HARBOR CODE § 17.25.020

license, or as otherwise authorized, or while located in one of the public
anchorages; or

o. The use of improvised waste containment methods for human or animal excreta.

4. If, based upon the appearance of the vessel, inspection by the City or Harbormaster
   or other facts, the Harbormaster determines that a sea lion has boarded a moored
   vessel, the Harbormaster shall issue and serve a notice of violation in accordance with
   Section 1.05.030 and the permittee shall take any and all necessary action to employ
   and maintain appropriate measures to deter sea lions from boarding the vessel within
   seven days of the notice of violation. If the Harbormaster determines that appropriate
   deterrent measures have not been taken within seven days of the notice of violation,
   the Harbormaster may issue an administrative citation or take any other enforcement
   action authorized by this Code. In the event the Harbormaster issues an administrative
   citation, the permittee shall:

   a. Take any and all necessary action to employ and maintain appropriate sea lion
   deterrent measures; or

   b. Remove the vessel from Newport Harbor.
   "Appropriate deterrent measures" shall be defined as the latest methodology
   permitted by National Marine Fisheries Service to minimize sea lion boarding of
   vessels assigned to a mooring. If the City is unable to reach the permittee within the
   seven days, the Harbormaster may install temporary deterrent measures as needed and
   recover the City's cost of compliance.

   I. Maintenance. All moorings shall be kept in good and serviceable condition in the location
   assigned by the Harbormaster. Mooring permittees shall be responsible for the
   maintenance, repair, and replacement of mooring system components including, but not
   limited to, chains, shackles, anchors, weights, lines, buoys, and all other gear and
   equipment used in securing the vessel to the mooring. This subsection shall not apply to
   City-installed anchors for use as shared moorings, which shall be maintained, repaired, and
   replaced by the City.

   J. Specifications. Specifications for the size of chains required on moorings, weights of
   moorings, and other mooring equipment shall be established by the Harbor Commission.

K. Inspection of Moorings. Each mooring shall be lifted by the owner for inspection by the Harbormaster at least once every two years and shall be repaired, as necessary, so as to be in good condition before being replaced; provided, that the Harbormaster may require any mooring to be lifted at any time when deemed necessary to assure it is in good condition. If the permittee has such lifting performed by a marine contractor, then the Harbormaster may authorize such contractor to inspect the mooring on behalf of the Harbormaster and certify the results to the Harbormaster in writing. The permittee shall pay the costs of any inspection performed by a contractor on behalf of the Harbormaster.

L. Rental Not Permitted. Except as authorized in Section 17.60.040(B)(1)(a), no mooring may
be leased or rented by the permittee to another person except with the written permission
of the Harbormaster.

M. Administration. The Harbormaster shall administer all provisions in this section.
(Ord. 2009-1 § 1, 1-27-2009; Ord. 2009-2, §§ 4, 5, 1-27-2009; Ord. 2010-5 §§ 1, 2, 2010; Ord.

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City of Newport Beach, CA § 17.25.020 NEWPORT BEACH CODE § 17.25.030

2013-11 §§ 147—150, 2013; Ord. 2018-17 § 28, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020; Ord. 2020-27 § 3, 2020; Ord. 2023-8 §§ 1—5, 2023; Ord. 2023-22 § 757, 2023; Ord. 2026-9, 7/ 14/2026)

A. Vessel or Trailer Storage on Beaches Prohibited—Exceptions. No person shall store any vessel, trailer or other similar object on any public beach in the City except as provided in subsection (A)(1) of this section. As used in this section, the term “store” shall mean to leave or permit to remain unattended for a period of three hours or more and not in the possession or control of the owner or user.

1. Vessels, watercraft and equipment directly related to the use of the vessel or
watercraft (related equipment) may be stored on a public beach as follows:

a. Any vessel(s), watercraft and/or related equipment owned and maintained by the
City or its contractors which is (are) used in conjunction with recreation
programs offered by the City;

b. Any vessel(s), watercraft and/or related equipment that cannot feasibly be
berthed or moored at a privately owned pier or mooring and is (are) used by a
nonprofit corporation for noncommercial purposes provided a vessel storage
permit has been approved by the Harbormaster. An application for a vessel
storage permit shall be filed with the Harbormaster, in accordance with Section

17.05.140(D) and there is substantial evidence that the permit would not adversely affect the health, safety or welfare of those who use, enjoy or own property on or near the waters of Newport Bay. Vessel storage permits are subject to the following standard conditions as well as any additional conditions imposed by the Harbormaster:

i. The permittee shall not cause or permit any unreasonable noise that would
adversely affect the use or enjoyment of public or private property in the
vicinity of the vessel, watercraft or equipment;

ii. The permittee shall not engage in, or permit, any activity that unreasonably
interferes with the use of the beach or adjoining waters by the public;

iii. The permittee shall not cause or permit any activity that pollutes any public
or private property of the waters of Newport Bay; and

iv. Notwithstanding the process set forth in Chapter 17.70 for the revocation
of permits, the permit provided herein may be revoked by the
Harbormaster, without cause, at any time, upon thirty (30) days’ written
notice to the permittee.

c. Any vessel for which a mooring permit has been issued by the City pursuant to
Section 17.60.040, or any successor section, provided the vessel remains on the
beach only to the extent necessary to load or unload.
(Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 § 29, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020)

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City of Newport Beach, CA § 17.30.010 HARBOR CODE § 17.30.030