HomeMy WebLinkAbout04 - Diving or Jumping from Public PropertyCITY OF NEWPORT BEACH May 28, 2002
CITY ATTORNEY'S OFFICE Agenda Item 4
TO : MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY
RE MODIFICATION TO SECTION 11.12.150 —SWIMMING
REGULATIONS — DIVING OR JUMPING FROM PUBLIC
PROPERTY
BACKGROUND:
Currently, our municipal code prohibits anyone from entering the water from various types
of public property. Occasionally, it is necessary for City personnel to enter the water from
various types of public property for safety reasons to rescue those in distress. The
proposed change will authorize them to do so.
It is recommended that the City Council approve first reading and pass to second reading
and adoption at the City Council's next regularly scheduled meeting.
Daniel K. Ohl
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ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 11.12.150, OF
CHAPTER 11.12 OF TITLE 11 OF THE NEWPORT BEACH
PERTAINING TO SWIMMING REGULATIONS
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Section 11.12.150 of Chapter 11.12 is amended to read as follows:
Section 11.12.150 Diving or Jumping from Public Property.
It is hereby declared unlawful for any person or persons to dive, jump or enter into the
water from any public bridge, public pier, public wharf, public float immediately in front of
any such pier or wharf, public bulkheads, seawalls, groins, or jetties or natural rock
formation on City property within the City of Newport Beach. This section shall not
prohibit an emDlovee of the Citv from enterino into the water when necessary in
person
a
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 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 day of 2002, and adopted on the
day of 2002, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MA
ATTEST:
CITY CLERK
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