HomeMy WebLinkAbout2009-1 - Amending Sections 17.25.020 of Chapter 17.25 and Sections 17.50.100 of Chapter of Title 17 of the Newport Beach Municipal Code Pertaining to Sea Lion Compliance and the Time Limits for the First Warning Letter.ORDINANCE NO. 2009-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 17.25.020
OF CHAPTER 17.25 AND SECTION 17.50.100 OF CHAPTER 17.50
OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO SEA LION COMPLIANCE AND THE TIME LIMITS
FOR THE FIRST WARNING LETTER
WHEREAS, sea lions generally migrate down the Southern California coast between the months
of May and October, and
WHEREAS, sea lions are becoming more prevalent in Newport Harbor, particularly over the past
five years; and
WHEREAS, sea lions tend to haul themselves out of the water for several hours of the day to
help control their body temperature; and
WHEREAS, sea lions seek large, flat surfaces such as vessels and docks to haul themselves out
of the water; and
WHEREAS, sea lions tend to compete for haul out locations by barking at all hours of the day
and night therefore keeping the waterfront residents awake; and
WHEREAS, the waterfront residents have asked that the time limits for the first warning letter to
the vessel and dock permittees be shorted from 30 days to 10 days; and,
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as
follows:
SECTION 1: Section 17.25.020 (1)(4) of Chapter 17.25 of Newport Beach Municipal Code is hereby
amended to read as follows:
4. If, based upon the appearance of the vessel, inspection by the City or Orange County Harbor
Patrol or other facts, the Harbor Resources Manager determines that a sea lion has boarded a
moored vessel, the Harbor Resources Manager shall provide the permittee with a notice of
determination and the permittee shall take any and all necessary action to employ and
maintain appropriate measures to deter sea lions from boarding the vessel within ten (10)
calendar days of the mailing of the notice of determination. If the Harbor Resources Manager
determines that appropriate deterrent measures have not been taken within ten (10) calendar
days of the mailing of the notice of determination, the Harbor Resources Manager shall
provide the permittee with a second notice of determination and the permittee shall: (1) take
any and all necessary action to employ and maintain appropriate sea lion deterrent measures
within seven (7) days of the mailing of the second notice of determination; or (2) remove the
vessel within seven (7) days of the mailing of the second notice of determination. Appropriate
deterrent measures shall be defined as the latest methodology permitted by National Marine
Fisheries Service to minimize sea lion boarding of vessels assigned to a mooring.
SECTION 2: Section 17.50.100 of Chapter 17.50 of Newport Beach Municipal Code is hereby
amended to read as follows:
If, based upon an inspection by the City or Orange County Harbor Patrol or other facts, the
Harbor Resources Manager determines that a sea lion has boarded a permitted structure
and /or any vessel or other appurtenances attached to the structure, the Harbor Resources
Manager shall provide the permittee with a notice of determination and the permittee shall take
any and all necessary action to employ and maintain appropriate measures to deter sea lions
from boarding the structure and/or any vessel or other appurtenances attached to the structure
within ten (10) calendar days of the mailing of the notice of determination. If the Harbor
Resources Manager determines that appropriate deterrent measures have not been taken
within ten (10) calendar days of the mailing of the notice of determination, the Harbor
Resources Manager shall provide the permittee with a second notice of determination and the
permittee shall take any and all necessary action to employ and maintain appropriate sea lion
deterrent measures within seven (7) days of the mailing of the second notice of determination.
Appropriate deterrent measures shall be defined as the latest methodology permitted by
National Marine Fisheries Service to minimize sea lion boarding of a permitted structure and /or
any vessel or other appurtenances attached to the structure.
SECTION 1 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 4: 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 5: This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 130i day of January, 2009, and adopted on the 270' day of January, 2009, by
the following vote, to wit:
FTIVEM"
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CITY CLERK
AYES, COUNCILMEMBERS Henn, Rosansky, Curry,
Webb, Gardner, Daigle, Mayor Selich
NOES, COUNCILMEMBERS
None
Nnn.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, 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. 2009 -1 was duly and regularly introduced on the 10th day of January, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 27th day of January 2009, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, 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 28th day of January, 2009.
(Seal)
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City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -1 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 31, 2009.
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In witness whereof, I have hereunto subscribed my name this day of
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City Clerk
City of Newport Beach, California