HomeMy WebLinkAbout2010-5 - Amending Section 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 Time LimitsORDINANCE NO. 2010-5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 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 TIME LIMITS
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 ten (10) and seven (7)
days to one (1) seven (7) day notice; and,
WHEREAS, the City has an interest in keeping sea lions off of vessels involved with
marine construction or marine contracting services.
NOW, THEREFORE, the City Council of the City of Newport Beach, California,
hereby ordains as follows:
SECTION 1: Subsection 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 issue a
Notice of Violation 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 seven (7) calendar
days of the Notice of Violation. If the Harbor Resources Manager
determines that appropriate deterrent measures have not been
taken within seven (7) calendar days of the Notice of Violation, the
Harbor Resources Manager may issue an Administrative Citation
and the permittee shall: (1) take any and all necessary action to
employ and maintain appropriate sea lion deterrent measures; or
(2) remove the vessel. 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: Subsection 17.25.020(1)(5) of Chapter 17.25 of Newport Beach
Municipal Code is hereby amended to read as follows:
5. With the exception of the sea lion deterrence requirements, the
requirements of this section are not applicable to vessels used in
marine construction or marine contracting services.
SECTION 3: 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 issue a Notice of Violation 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 seven (7) calendar days of the
Notice of Violation. If the Harbor Resources Manager determines
that appropriate deterrent measures have not been taken within
seven (7) calendar days of the Notice of Violation, the Harbor
Resources Manager may issue an Administrative Citation and the
permittee shall take any and all necessary action to employ and
maintain appropriate sea lion deterrent measures. 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 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: This ordinance is not subject to the California Environmental Quality
Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 6: 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.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 23rd day of March, 2010, and adopted on the 13th day of April,
2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich, Rosansky, Henn, Webb, rardner, Daigle,
Mayor Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBE
MAYOR
ATTEST:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
L
DAVID R. HUNT, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH I
I, Leilani I. 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. 2010 -5 was duly and regularly introduced on the 23rd day of March, 2010, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 13th day of April, 2010, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of April, 2010.
(Seal)
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i abmr'-
City Clerk '
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH I
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -5 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 dates:
2010.
Introduced Ordinance: March 27, 2010
Adopted Ordinance: April 17, 2010
In witness whereof, I have hereunto subscribed my name this K) day of ? ��
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City Clerk
City of Newport Beach, California