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HomeMy WebLinkAbout2008-3 - Relocating Chapter 17.28.045 to Chapter 11.08.090 of the Newport Beach Municipal Code Relating to Vehicle Restrictions on Public Piers and PlazasORDINANCE NO. 2008 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RELOCATING CHAPTER 17.28.045 TO CHAPTER 77.08.090 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO VEHICLE RESTRICTIONS ON PUBLIC PIERS AND PLAZAS WHEREAS, City staff determined this Chapter was more appropriately located in Chapter 11.08: Conduct on Beaches and Piers; NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTION 1: Section 17.28.045 of the Newport Beach Municipal Code, shall be relocated to Section 11.08.090 as follows: 11.08.090 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 while discharging or loading supplies to the concessions and restaurants on the piers between the hours of six a.m. and eleven a.m. 2. Any City vehicles or vehicles displaying a permit issued by the City Manager or the Public Works Department. 3. Tenants operating under an existing contract with the City which provides for delivery access by commercial vehicles. SECTION 2: 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 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 8"' day of January, 2008, and adopted on the 22nd day of January, 2008, by the following vote, to wit: AYES, COUNCIL MEMBERS enm R�na;giP. Webb,Cmrry,Gardner, Mayor Selich NOES, COUNCIL MEMBERS None /_1- i1 COUNCIL MEMBERS None ATTEST: il MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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. 2008 -3 as 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 22nd day of January 2008, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of January 2008. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2008 -3 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: January 26, 2008. In witness whereof, I have hereunto subscribed my name this.S day of 2008. City Clerk City of Newport Beach, California