HomeMy WebLinkAbout2003-2 - Amending Section 17.28.045 and Deleting Sections 17.28.040 and 17.28.050 of Title 17 Pertaining to Vehicle Usage on Piers and Plazas.ORDINANCE NO. 2003 -2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH; CALIFORNIA, AMENDING SECTION
17.28.045 AND DELETING SECTIONS 17.28.040 AND
17.28.050 OF TITLE 17 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO VEHICLE USAGE ON
PIERS AND PLAZAS
WHEREAS, the City of Newport Beach ( "City ") owns and maintains two ocean
piers, known as Balboa Pier and Newport Pier and each pier has a public plaza located at
its base that serves as a gathering place for the public: Balboa Pier has Balboa Plaza and
Newport Pier has McFadden Plaza;
WHEREAS, the City desires to preserve and protect its ocean piers and plazas,
which are economic, social, and cultural resources for the City and its residents;
WHEREAS, excessive size and weight vehicles servicing pier concessions cause
structural damage and pose a risk to pedestrian safety on the City's piers and plazas;
WHEREAS, each year, the City must spend public funds to repair structural
damage and to maintain Balboa Pier and Newport Pier and their respective plazas;
WHEREAS, it is not in the public interest to permit vehicles of excessive size and
weight to routinely use Balboa Pier and Newport Pier and their respective plazas; and
WHEREAS, use of such vehicles must be prohibited in order to preserve the
integrity and life of the City's piers and plazas and to protect the public safety.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
SECTION 1: Section 17.28.040 of Chapter 17 is hereby deleted.
SECTION 2: Section 17.28.045 of Chapter 17 is amended to read as follows:
Section 17.28.045 Vehicle Restrictions on Public Piers and Plazas.
A. Prohibition: Subject to the exceptions set forth in Subsection C, no person
shall, at any time, drive, operate, park or leave standing any motor vehicle on any
public pier, including the Newport Pier, McFadden Plaza, Balboa Pier, or Balboa Plaza.
B. Light -Duty Commercial Vehicle Defined. For the purpose of this Section,
"light -duty commercial vehicle" shall mean any vehicle that does not exceed six
thousand (6,000) pounds gross vehicle weight.
C. Exceptions. The prohibition set forth in Subsection (A) shall not apply to
the following:
1. Light -duty commercial vehicles necessary to discharge or load
supplies to the concessions and restaurants on the piers between the
hours of six a.m. and eleven a.m.
2. Any vehicles displaying a permit issued by the City Manager or the
Public Works Department.
SECTION 3: Section 17.28.050 of Chapter 17 is hereby deleted
SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 6: This ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach, held on the 11th day of February 2003, and adopted on the
25' day of February, 2003, by the following vote, to wit:
AYES, COUNCILMEMBERS Heffernan, Proctor,
Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2003 -2 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th
day of February 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of February 2003.
(Seal)
Lz�ftu � �. 4 4L&' 2�Q
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2003 -2 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: March 1, 2003.
In witness whereof, I have hereunto subscribed my name this /1� day of
2003.
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City Clerk
City of Newport Beach, California