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Home My WebLink About2004-24 - Amending Section 17.28.010 of Title 17 to Newport Beach Municipal Code Pertaining to PiersORDINANCE NO. 2004 -24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 17.28.010 OF TITLE 17 TO NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PIERS NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1: Section 17.28.010 of Chapter 17.28 of Newport Beach Municipal Code is amended to read as follows: Chapter 17.28 PIERS Sections: 17.28.010 Maintenance of Public Piers -- Regulations. 17.28.020 Defective Piers. 17.28.030 Obstruction Prohibited. 17.28.045 Vehicle Restrictions on Public Piers and Plazas. 17.28.060 Skateboards. Dogs prohibited on piers — See Chapter 7.04. Section 17.28.010 Maintenance of Public Piers -- Regulations. Public piers and other harbor facilities may be maintained by the City for the purpose of loading and unloading passengers, supplies, and boating gear and for similar purposes. It is the policy of the City to maintain such facilities in a manner that will permit the greatest public use and avoid continuous occupancy, congestion or blocking thereof. Where necessary to achieve public use and avoid extended occupancy, congestion or blocking thereof, the City Manager is authorized and directed to post signs limiting the time during which a vessel may be docked or supplies or gear may be placed at or on any such pier or facility to the following: (1) Washington Street pump out pier: bayward and westerly side is twenty (20) minutes, easterly side is two (2) hours and the upland side is twelve (12) hours; (2) Fernando Street pump out pier: bayward and easterly side is twenty (20) minutes, westerly side is two (2) hours and the upland side is twelve (12) hours; (3) Opal Avenue pier: bayward side is twenty (20) minutes, easterly side is two (2) hours, no berthing allowed on the westerly side and the upland side is twelve (12) hours; (4) M, 15"' and 19"' Streets, Coral, Emerald, Sapphire and Park Avenue piers: bayward side is twenty (20) minutes, the sides are two (2) hours and the upland sides are twelve (12) hours; (5) that a four -hour limit is imposed on the Rhine Wharf Park, subject to the following conditions: (a) the Harbor Master shall have the authority to limit the size of vessels using said facility, (b) vessels using this facility shall be in the actual process of loading, unloading or engaged in temporary repairs; and (c) the Harbor Master may authorize an extension of the four -hour period where special circumstances dictate such an extension. When a sign is in place giving notice of such time limits, no person shall dock a vessel at any such facility for a period of time in excess of that period, or permit any supplies or gear to remain on such facility for a period in excess of that posted on the sign. Section 17.28.020 Defective Piers. Upon learning that any pier is in a defective or dangerous condition, the Harbor Resources Director shall immediately so notify the owner or other person having charge of the same in writing, requiring such person or persons to immediately repair it or to put up barriers to prevent persons from going upon it. If such person shall fail or neglect to do so, the Harbor Resources Director may place barriers as necessary for the protection of the public and charge the cost thereof to such person, and it shall be a violation of this title for any person to interfere with any such barrier. If any pier, or any portion thereof, or any material on such pier, shall fall into the waters of Newport Harbor, it shall be the duty of the owner, agent or lessee of such pier to forthwith remove the same from the waters of the Harbor and, if they shall fail to do so, the Harbor Resources Director may do so and the cost thereof may be recovered from the owner, agent, or lessee of such pier in a civil action. Section 17.28.030 Obstruction Prohibited. No person shall intentionally obstruct the free access to and departure from any portion of any public pier. 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 17.28.060 Skateboards. No person shall operate or ride any skateboard in or upon any public pier. Section 2: That 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 to more sections, subsections, sentences, clauses and phrases be declared unconsti- tutional. Section 3: 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 within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of October, 2004, and adopted on the 9"' day of November, 2004, by the following vote, to -wit: AYES, COUNCIL MEMBERS Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR: ATTEST: Ppol CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, Deputy 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. 2004 -24 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 9th day of November 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of November 2004. (Seal) 0Q NEW�QA C�Li _ %✓UZllY� Deputy City Clerk U City of Newport Beach, California MOP' 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. 2004 -24 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: November 13, 2004. 2004. In witness whereof, I have hereunto subscribed my name this4o�Ao( day of 7)0e— �° � � City Clerk City of Newport Beach, California