Orange County Municipal Code Art. 1 General Provisions

(a) The provisions of this division are enacted by the Board of Supervisors of the County of Orange. They shall apply to the Orange County Harbors, beaches, parks, and recreational areas and to all areas within its jurisdiction including, but not limited to, Newport and Sunset Harbors. They shall govern all parts of such Harbors or areas to which the codified ordinances of the County of Orange are applicable, including those incorporated into any city, as hereinafter provided; provided, however, that any of the provisions of articles 4, 8, 9, 11 and 12, except as otherwise expressly provided shall be inapplicable to incorporated areas if the ordinances of the city shall regulate the same activities or provide for the determination by the city or any of its officers of some matter otherwise to be determined under those articles by the County or their officers.

(b) The County of Orange, its harbors, beaches, parks and recreational areas and other areas within its jurisdiction and the provisions of this division shall be administered so as to afford maximum benefit to the inhabitants of the County and the general public.

(c) The responsibility for the administration of the provisions of this division is delegated to the Director of Orange County Parks or his/her designee. In addition, where part or all of a harbor or area is within a city, the Director or designee shall administer such city ordinances as may be provided by agreement with the city, and shall not be responsible for administration of such County ordinances as may be provided by agreement to be administered by the city.

(Ord. No. 99-21, § 1, 8-31-99; Ord. NO. 10-012, § 4, 9-28-10)

For the purposes of this division, the words and phrases herein defined shall, unless the context clearly indicates otherwise, have the meanings herein set forth:

Anchorage area means any portion of a harbor which has been so designated pursuant to law and approved by the Federal Government.

Board means the Board of Supervisors of the County of Orange.

County means the County of Orange.

CSA 26: Orange County Parks County Service Area No. 26 is an administrative unit of the County of Orange, established by the county as the successor to the Harbors, Beaches and Parks District as the repository for County of Orange funding, real property and all other assets owned, operated and managed regional park, beach and recreational areas.

Director means the Director of Orange County Parks.

Guest dock means docking facility available to transient boaters for overnight or prescribed time of stay as established by Board of Supervisors Resolution. Written permit and payment of fees required.

Harbor(s) means Newport Harbor and Sunset Harbor.

Harbor Commission or Commission means the Orange County Parks Commission.

Harbor lines refer to bulkhead lines, pierhead lines and project lines. The bulkhead line is a line defining the channelward limits to which solid fill structures may be built. The pierhead line defines the channelward limit to which open pile and floating structures may be built. The project line defines the line to which the design depth of channel is maintained.

Mooring means any appliance used to secure a vessel other than to a pier which is not carried aboard such vessel as regular equipment when underway.

Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any Federal agency successor thereto.

Newport Harbor and Sunset Harbor shall be deemed coextensive with Newport Bay and Sunset Bay, respectively, and the terms deemed interchangeable.

Pier means any fixed or floating structure for securing vessels, loading or unloading persons or property or providing access to the water, and includes wharf, dock, float or any other landing facility.

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 or direction to be altered therein.

Vessel includes every description of watercraft used or capable of being used as a means of transportation on water, except the following:

(1) A seaplane on the water;

(2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled or by means of a mechanical device attached to the watercraft itself.

Waters of a harbor means all waters of a harbor 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 action or otherwise and whether or not the lands lying under said tidal water are privately or publicly owned.

(Ord. No. 99-21, § 1, 8-31-99; Ord. No. 10-012, § 4, 9-28-10)

All channels, turning basins, anchorage areas, pierhead lines and bulkhead lines in each harbor shall be as established by the Federal Government, or shoreward from such pierhead or bulkhead lines by a city council in incorporated areas or by the Board in other areas. A map thereof shall be kept on file by the Director or designee for public inspection.

In the event Federal bulkhead and pierhead lines have not been established, pierhead lines and bulkhead lines under County jurisdiction may be adopted by County ordinance. The lines so established by the County will be adhered to in the planning and development of waterways until such time as they are superseded by the bulkhead and pierhead lines established by the Federal Government.

(Ord. No. 99-21, § 1, 8-31-99)