Chapter 17.40 — LIVE-ABOARDS2

The City Council of the City of Newport Beach finds and declares as follows:

This chapter will promote the public health, safety and welfare by regulating the number of persons living aboard vessels on offshore moorings and ensuring, to the extent possible, that the residential use of a vessel in Newport Harbor does not result in the discharge of human waste or other waste; activities that are disruptive or impede other parties’ use and/or enjoyment of Newport Harbor; or otherwise adversely impact the health, safety and welfare of Newport Harbor and those that visit, work around, or live on or near, the bay. (Ord. 2008-2 § 1 (part), 2008; Ord. 2020-5 § 1 (Exh. 1) (part), 2020; Ord. 2020-27 § 4, 2020)

Live-aboards shall not be permitted at piers that are bayward of residentially zoned areas. No person shall live aboard any vessel on an onshore mooring. (Ord. 2008-2 § 1 (part), 2008; Ord. 2010-26 § 4, 2010; Ord. 2020-5 § 1 (Exh. 1) (part), 2020; Ord. 2020-27 § 5, 2020)

No person shall live aboard any vessel in Newport Harbor without first having obtained a live- aboard permit from the Harbormaster. No live-aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.60 or a valid rental agreement from a commercial marina. No permit shall be issued to any live-aboard which is not intended to serve as the principal residence of the permittee. For purposes of this section, “principal residence” shall mean: (A) with respect to a mooring permittee, to live aboard for not less than two hundred forty-three (243) days in any calendar year; or (B) with respect to the tenant of a commercial marina with a valid rental agreement, to live aboard for a period not less than one hundred eighty (180) days in any three hundred sixty-five (365) day period. Notwithstanding the foregoing, a sub-permittee of an off-shore mooring under Section 17.60.040 who is in good standing may live aboard, subject to and upon compliance with the requirements set forth in Section 17.40.070(A). The ability of a sub-permittee to live aboard may be revoked at the discretion of the Harbormaster. The decision of the Harbormaster shall be final and nonappealable. (Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 § 32, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020; Ord. 2020-27 § 6, 2020; Ord. 2022-9 § 5, 2022)

An application for a live-aboard permit shall be filed with the Harbormaster upon forms provided by the City and shall contain the following information:

A. The name of the permittee and the name(s) of all individuals to be living aboard the vessel;

B. All pertinent information relative to the vessel, including, but not necessarily limited to, the
name of the vessel, the registration number of the vessel assigned by the Department of

2. Prior legislation: Ord. 2015-9.

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City of Newport Beach, CA § 17.40.040 HARBOR CODE § 17.40.060

Motor Vehicles or the United States Coast Guard, the make and model of the vessel, and
the length of the vessel;

C. The make, model, and holding tank capacity of the marine sanitation device installed in the
vessel;

D. The address and phone number, emergency contact information and email address where
the permittee or other adult living aboard can be contacted during regular work hours or
when not occupying the vessel; and

E. Other information the Harbormaster reasonably believes is necessary or helpful to the
efficient administration of the provisions of this chapter.

All applications shall be accompanied by a fee established by resolution of the City Council,
but the fee shall not exceed the cost to the City of administering this chapter. The submittal
of an application for live-aboard shall be deemed consent by the owner of the vessel to any
inspection necessary to confirm the accuracy of the information in the application.

(Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 §§ 33, 34, 2018; Ord. 2020-5 § 1 (Exh. 1) (part),
2020)

Upon receipt of an application for a live-aboard permit, the Harbormaster shall investigate the information contained in the application along with other information on record available to the City. The Harbormaster shall deny the application if:

A. The vessel which will serve as the principal residence is not equipped with a fully
operational marine sanitation device and holding tank with a capacity of no less than ten
(10) gallons which is necessary to ensure no discharge of human waste into Newport
Harbor;

B. Approval of the application would result in live-aboard permits in excess of the limitations
provided by this chapter;

C. The applicant does not have a valid mooring permit as required by Section 17.60.040 or a
valid rental agreement from a commercial marina;

D. Issuance of the permit, given the specific circumstances of the application, would
significantly impact persons residing, working or visiting Newport Harbor;

E. The vessel is incapable of safely maneuvering under its own power, whether by sail or
engine, from its mooring, dock or berthing place, to the open waters of the Pacific Ocean
and back to the mooring, dock or berthing place; or

F. In the case of a renewal, the applicant was in violation of this title during the prior permit
term.
(Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 § 35, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020;
Ord. 2020-27 § 7, 2020)

A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months.

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City of Newport Beach, CA § 17.40.060 NEWPORT BEACH CODE § 17.40.090

Applications for the renewal of any permit shall be submitted at least sixty (60) days before expiration of the permit, on forms supplied by the City, shall include the fee established by resolution of the City Council and shall specify any changes to the information provided on the original application for a permit.

B. The application for renewal shall be denied if the permittee does not comply with any of the requirements specified in Section 17.40.050, the permittee has failed to comply with any provision of this title during the term of the previously issued permit, or the permittee has failed to use the vessel as permittee’s principal residence during the previous term of the permit.

C. The issuance of a live-aboard permit to a mooring permittee is not transferrable and does not create any tenancy between the City and the permittee or other persons living aboard, nor does it create any property right to the mooring site. (Ord. 2008-2 § 1 (part), 2008; Ord. 2013-11 § 158, 2013; Ord. 2020-5 § 1 (Exh. 1) (part), 2020; Ord. 2020-27 § 8, 2020; Ord. 2023-22 § 760, 2023)

A. The Harbormaster may impose such conditions on the permit as are reasonably necessary to ensure that the activities of the permittee comply with the provisions of this chapter. Such conditions shall include but are not limited to:

1. All vessels subject to a live-aboard permit shall have an operable marine sanitation
device and holding tank pre-approved by the Harbormaster.

2. The live-aboard permittee shall maintain a log, which shall be updated by the end of
each calendar month and kept on the vessel subject to the live-aboard permit, which
shows the days/nights the live-aboard resided on the boat.

3. By obtaining a live-aboard permit, the permittee specifically authorizes the
Harbormaster to board the subject vessel at any time to inspect the marine sanitation
device and holding tank and install a dye tablet to determine whether there is any
discharge from the same.

B. The Harbormaster shall have the power to promulgate rules and regulations to ensure that
the purposes of this chapter are satisfied. Each permittee shall comply with these rules and
regulations. Compliance shall be considered a condition to each live-aboard permit.
(Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 § 36, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020;
Ord. 2023-22 § 761, 2023)

Permittees shall use pump-out facilities on a regular basis or otherwise discharge human waste in a legal manner. The permittees and others living aboard pursuant to a permit shall not deposit any garbage or trash in Newport Harbor or on property surrounding Newport Harbor except in trash receptacles owned and maintained by the City or its contractors. Disposal of oversized items, e-waste, oils, fuels, chemicals, or other such liquids, not appropriate for disposal in trash receptacles owned and maintained by the City or its contractors, shall be properly hauled off and properly disposed of by the permittee. Use of City-owned trash receptacles must comply with any recycling initiative or other such waste material separation program instituted by the City. (Ord. 2008-2 § 1 (part), 2008; Ord. 2020-5 § 1 (Exh. 1) (part), 2020)

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City of Newport Beach, CA § 17.40.090 HARBOR CODE § 17.40.130

The permittee, and others authorized to live aboard the permitted vessel, shall comply with all applicable State and Federal laws, the provisions of this Code, and all conditions set forth in the permit. Failure to comply with these laws, ordinances, or policies shall constitute grounds for revocation of the permit. (Ord. 2008-2 § 1 (part), 2008; Ord. 2020-5 § 1 (Exh. 1) (part), 2020)

Each live-aboard permittee is required to contract with an authorized commercial pump-out service at a minimum of twice a month in any month the vessel is occupied by the live-aboard permittee. Each permittee shall maintain a log and any supporting materials from the commercial pump-out service provider including, but not limited to, company-issued service records and invoices. The log and supporting material shall contain the date, time, and location waste was discharged from the vessel and deposited with the commercial service provider. The log and supporting material shall be made available for inspection by the Harbormaster at all reasonable hours and upon request. In addition, the log and supporting material shall be submitted to the Harbormaster with the renewal application. Exceptions to the frequency and use of a commercial service provider may be permitted by the Harbormaster with prior approval. Failure to comply shall result in non-renewal or revocation of the live-aboard permit and/or revocation of the mooring permit. (Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 § 37, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020)

The number of live-aboard permits issued to permittees holding valid offshore mooring permits shall not exceed seven percent of the number of offshore mooring permits issued by the City pursuant to Chapter 17.60. (Ord. 2008-2 § 1 (part), 2008; Ord. 2018-17 § 38, 2018; Ord. 2020-5 § 1 (Exh. 1) (part), 2020; Ord. 2020-27 § 9, 2020)

No person shall transfer, assign, sell or convey a live-aboard permit. Any attempt to transfer, sell, convey or assign a live-aboard permit shall be a violation of this chapter and grounds for revocation of the permit. (Ord. 2008-2 § 1 (part), 2008; Ord. 2020-5 § 1 (Exh. 1) (part), 2020)

Any live-aboard permit issued pursuant to this chapter shall be deemed terminated upon revocation of the mooring permit or lease issued pursuant to Chapter 17.60. (Ord. 2008-2 § 1 (part), 2008; Ord. 2020-5 § 1 (Exh. 1) (part), 2020)

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City of Newport Beach, CA § 17.45.010 HARBOR CODE § 17.45.030