HomeMy WebLinkAbout2009-16 - Amending Section 1.12.020, of Title 1 of the Newport Beach Municipal Code, Pertaining to Citations and WarrantsORDINANCE NO. 2009-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 1.12.020, OF
TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO CITATIONS AND WARRANTS
WHEREAS, the City Council has authorized certain City employees to issue citations
for violations of the City's ordinances and laws; and
WHEREAS, job titles and staff complement in the Code and Water Quality
Enforcement Division have changed; and
WHEREAS, the City Council wishes to ensure that all qualified staff in said division are
authorized to issue citations,
NOW THEREFORE, THE City Council of the City of Newport Beach, California, finds
the above recitals to be true and HEREBY ORDAINS as follows:
SECTION 1: Section 1.12.020 of Chapter 1.12 of the Municipal Code is amended to read
as follows:
1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations
The following designated public officers and employees all have the power to issue
citations for violations of the ordinances and laws specified in this section:
A. Animal Control Officers, Community Services Officers, Custody Officers, Parking
Control Officers, Volunteers (as authorized by Section 22507.9 of the Vehicle
Code for handicapped parking enforcement) and other designated members of
the Police Department staff shall have the power to issue citations for any
violation of this Code and any Code of the State of California, as assigned by the
Chief of Police.
B. The Fire Chief and Harbor Resources Manager, and members of the staff
designated by the Fire Chief and Harbor Resources Manager, shall have the
power to issue citations for any violation of Titles 11 and 17 of this code,
Chapters 7.04, 7.16 and 7.20 of this code, Sections 6.04.060, 6.04.200 and
10.06.010 of this code, the Fish and Game Code of the State of California, Title
14 of the California Administrative Code, the provisions of the Health and Safety
Code of the State of California that pertain to animals and the provisions of
Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of
California.
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C. The Revenue Manager, License Supervisor and all License Inspectors shall
have the power to issue citations for any violations of Titles 3, 5, 6 and 10 of this
code, Section 12.40.060 of this code and Chapters 12.62 and 12.63 of this code.
D. The General Services Director and department staff designated by the Director,
shall have the power to issue citations for any violation of Chapter 6.04 of this
code.
E. The Code and Water Quality Enforcement Manager and division staff designated
by the Manager shall have the power to issue citations for any violation of this
code.
F. The Building Director and the Chief Building Inspector shall have the power to
issue citations for any violation of Title 15 of this code.
G. The Fire Chief and Harbor Resources Manager, and members of staff
designated by the Fire Chief and Harbor Resources Manager, shall have the
power to issue citations for any violation of Title 9 of this code, Sections 22500.1
and 22514 of the California Vehicle Code, any provision of state or local law
related to fire suppression or fire prevention and any provision of state and local
laws pertaining to the handling, use, storage or disposal of hazardous materials
or waste.
H. The Municipal Compliance Officer who may be employed by contract shall have
the power to issue citations for any violation of this code.
Park Patrol Officers shall have the power to issue citations for violations of
Chapters 5.10 and 11.04, of this code and for violations of any provision of this
code occurring in parks or parking violations occurring in parking lots servicing
parks and other City facilities.
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.
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SECTION 4: This ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach, held on the 9g day of .,,,ice, 2009, and adopted on the
i i day of august , 2009, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Rosansky, Curry,
Webb, Mayor Selich
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS Gardner, Daigle
ATTEST:
By
Leilani Brown, City dlerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY -,-, C - 9 --�
David R. Hunt, City Attorney
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani L 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 -16 was duly and regularly introduced on the 28th day of July, 2009, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 11th day of August, 2009, and that the same was so passed and adopted by the following vote,
to wit:
Ayes: Henn, Rosansky, Curry, Webb, Mayor Selich
Noes: None
Absent: Gardner, Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of August, 2009.
(Seal)
liv
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 -16 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: August 15, 2009.
2009.
In witness whereof, I have hereunto subscribed my name this day of
U City Clerk
r n City of Newport Beach, California