Orange County Municipal Code Art. 13 Special-Use Areas

(a) Description. For the purposes of this article, the following described area is hereby designated as a special-use area; and only those uses which are set forth by resolution of the Board shall be permitted in said area at designated times and only in the zones specified:

That portion of Newport Harbor lying northerly of a line and its prolongations between Stations 109 and 110 on the line of Ordinary High Tide, as established in Orange County Superior Court Decree No. 20436, dated May 6, 1926, and recorded in the Orange County Recorder's Office in Book of Deeds 651, page 72.

(b) Violations. Within said special-use area it shall be unlawful:

(1) For any person except a public officer in the performance of his/her duty to operate a motorboat or vessel at a speed in excess of five (5) miles per hour, or at any speed which creates a wake that may cause damage to moorings of vessels or floating structures, except that such speeds shall be permitted in such zones and during such hours as may be designated by resolution of the Board. The speed, zone areas and hours shall be posted by the County;

(2) For any person operating a vessel to tow any object, structure or vessel at a distance in excess of seventy-five (75) feet astern of the towing vessel;

(3) For any person to engage in swimming or wading for the purpose of recreation except in zones which are designated as swimming zones by resolution of the Commission or a city council pursuant to section 2-2-202 of this article;

(4) For any person to operate a hydrofoil craft in excess of five (5) miles per hour;

(5) For any person to operate a motorboat in areas closed to navigation and so posted, except a public officer in the performance of his/her duty.

(Ord. No. 99-21, § 1, 8-31-99)

The Director or a city council may designate protected swimming areas in harbor waters adjacent to a County beach or a city beach, respectively. The limits of said areas shall be designated by appropriate signs or markings. When lines and floats or buoys are in place outlining such protected swimming areas, no person shall operate, drive, navigate, use or possess within or take, drive, propel or permit to drift into a protected swimming area any vessel (including watercraft), surfboard, skid board, skimmer board, ski, paddle board, canoe or similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance.

(Ord. No. 99-21, § 1, 8-31-99)

(a) Description. The area shown on exhibit A, consisting of the waters of Anaheim Bay Harbor between the east and west jetties at the United States Naval Weapons Station at Seal Beach and the contiguous tidal channel and basin as far east as the Pacific Coast Highway-Bridge, is declared to be a restricted area and is hereby designated as a special-use area subject to military operation within said area and subject to special regulations herein contained.

(b) Regulations.

(1) All vessels shall stay within the limits of the entrance channel in the Outer Harbor, and confine their movement to within the limits of the marked small craft channel at the southern portion of the Inner Harbor.

(2) Recreational vessels, such as water skis, personal watercraft, rowboats, canoes, kayaks, wind surfers, sailboards, surfboards, etc., are specially prohibited within the restricted area.

(3) Maximum speed for all vessels in the Inner and Outer Harbors shall be five (5) miles per hour.

(4) Except for emergencies, vessels may not anchor, drift, or loiter anywhere within the special use area.

(5) Smoking, open flames and barbecues in vessels are prohibited during the transit of this area.

(6) Nothing in this section shall be construed as relieving the owner or persons in command of any vessel from the penalties of the law for obstructing navigation or for not complying with the navigation laws in regard to lights or signals or for otherwise violating the law.

(7) All vessel operators shall heed and obey all posted signs and/or instructions issued by security personnel of the U.S. Naval Weapons Station.

(8) During such times, and to such extent, as the commanding officer of the Naval Weapons Station at Seal Beach determines, navigation and anchorage of vessels in this area shall be further restricted or disallowed.

(9) Sailing vessels shall use auxiliary power in the Inner Harbor area.

(Ord. No. 99-21, § 1, 8-31-99)

(a) Description. For purposes of this section, the area shown on exhibit "A," consisting of all of the water portions of Dana Point Harbor lying westerly of the seaward side of the east jetty and northerly of the seaward side of the main breakwater, including harbor entrance area northerly of the main breakwater to the easterly jetty, but not otherwise including the waters of the Pacific Ocean which lie on the seaward side of those structures is hereby designated as a special-use area; only those uses which are set forth within this section or otherwise established by resolution of the Board of Supervisors shall be permitted within said Special-Use Area of Dana Point Harbor.

(b) Permitted Uses. Within said special-use area, only the following uses are permitted:

(1) Operation of documented or registered boats and other vessels within marked navigation channels.

(2) Use of swimming aids, including windsurfing boards and surfboards, subject to regulations which may be established from time to time by resolution of the Board of Supervisors to enhance public safety and recreation within the special-use area.

(3) Anchoring and mooring of boats and other vessels within designated anchorage areas and in accordance with section 2-2-66 of the Codified Ordinances of the County of Orange.

(4) Regattas, parades and similar single-occasion events are permitted only with a valid marine event permit issued by Sheriff's Harbor Patrol, Harbormaster or his/her designee.

(5) Other marine-oriented recreational and educational activities and events, as established by resolution of the Board of Supervisors.

(c) Prohibited Uses. The following activities are prohibited within the special-use area:

(1) Swimming or wading, including use of swimming aids within any area not so designated by resolution of the Board of Supervisors as set forth in (b) above.

(2) Any commercial use within the special-use area which is not specifically authorized by the Board of Supervisors or is approved by the Director or designee, or otherwise operates under a duly executed license or permit issued by the County.

(3) Launching of any motorized watercraft at any location other than the Launch Ramp.

(4) No person shall fuel any vessel with any petroleum product directly from portable tanks along or adjacent to the jetties.

Editor's note— Exhibit "A" appears immediately following this section.

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