HomeMy WebLinkAbout93-28 - Amending Chapters 11.08 and 11.20 of the Municipal Code to Regulate Activity on Ocean PiersORDINANCE NO. 93- 28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTERS 11.08 AND 11.20 OF THE MUNICIPAL
CODE TO REGULATE ACTIVITY ON OCEAN PIERS.
WHEREAS, the City Council has received evidence of unlawful activities during
nighttime hours on the City's ocean piers, and
WHEREAS, the City Council has received evidence of excessive fish, fish bait
and fish entrails on the City's ocean piers; and
WHEREAS, such activities threaten the hearth, safety and welfare of residents
and visitors in the vicinity of the piers; and
WHEREAS, such activity adversely affects the viability of commercial
• establishments in the vicinity of the ocean piers;
NOW THEREFORE the City Council of the City of Newport Beach does ordain
as follows:
SECTION 1.
The title of Chapter 11.08, Sub - Section 11.08 B., Section 11.08.040, and
Chapter 11.20 of the Municipal Code are amended to read as follows:
"Chapter 11.08 Conduct on Beaches and Piers
11.08.030. Uses of Beaches at Night
B. TEMPORARY MODIFICATION. The City manager may, when necessary
•to protect the safety of persons or property, temporarily modify the beach and pier
closure hours established in this Code. In no event shall the modification of hours
continue for a period of more than two weeks. The modification shall not be effective
until notice of the new hour, and the effective dates if filed with the City Clerk.
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11.08.040 Sleeping in Vehicles or on Beach and Piers.
A. It is unlawful for any person to occupy for the purpose of sleeping or living any
•vehicle parked any place within the corporate limits of the City of Newport Beach,
provided, however, this section shall not apply to persons sleeping in any vehicle
situated within an area designated for overnight camping by resolution of the City
Council of the City of Newport Beach or other governmental entity having jurisdiction
over the property. 'Occupy for sleeping or living' shall include but not be limited to acts
of sleeping, living in, occupying as a dwelling or any other sojourn or stay within the
vehicle not directly relating to driving said vehicle.
B. It is unlawful for any person to sleep on any beach, whether public or private, or
public pier or dock at any time between the hours of nine p.m. and nine a.m. of the next
day.
C. It is unlawful for any person to carry onto or use on any ocean pier between the
• hours of 9 p.m. and 9 a.m. of the next day any furniture, sleeping bag, mattress, chaise
lounge or similar item normally used for sleeping.
SECTION 2.
Chapter 11.20, Fish Regulations, of the Municipal Code shall be amended to include
the following sections:
Section 11.20.050 Cleaning of Fish or Mussel. No person shall place,
cut or clean any fish, mussel, bait, or other marine animal upon any bench, or seat
placed upon any ocean pier or upon the floor or railings of such piers.
Section 11.20.060 Closing the Newport Pier and /or Balboa Pier.
•(A) The City Manager shall have the authority to close the Newport Pier
and /or Balboa Pier to members of the general public during certain hours to facilitate
cleaning of the Pier. The closure shall be effective at such time as signs giving notice
of the hours of closure are posted at conspicuous places on the Pier.
(B) No person shall remain on the Balboa Pier or Newport Pier during hours
of closure as established by the City Manager.
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(C) No person shall fail to comply with the request of any City employee
responsible for cleaning any pier to leave the Pier or move to a specific location on the
Pier.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 13th day of December , 1993, and adopted
on the loth day of January , 1994, by the following vote, to -wit:
AYES, COUNCIL MEMBERS HEDGES, SANSONE, WATT,
TURNER, HART, COX, DERRY
NOES, COUNCIL MEMBERS NONE
ABSENT, COUNCIL MEMBERS NONE
MAY
ATTEST:
CITY CLERK
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