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ORDINANCE NO. 2003 -2 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH; CALIFORNIA, AMENDING SECTION <br />17.28.045 AND DELETING SECTIONS 17.28.040 AND <br />17.28.050 OF TITLE 17 OF THE NEWPORT BEACH <br />MUNICIPAL CODE PERTAINING TO VEHICLE USAGE ON <br />PIERS AND PLAZAS <br />WHEREAS, the City of Newport Beach ( "City ") owns and maintains two ocean <br />piers, known as Balboa Pier and Newport Pier and each pier has a public plaza located at <br />its base that serves as a gathering place for the public: Balboa Pier has Balboa Plaza and <br />Newport Pier has McFadden Plaza; <br />WHEREAS, the City desires to preserve and protect its ocean piers and plazas, <br />which are economic, social, and cultural resources for the City and its residents; <br />WHEREAS, excessive size and weight vehicles servicing pier concessions cause <br />structural damage and pose a risk to pedestrian safety on the City's piers and plazas; <br />WHEREAS, each year, the City must spend public funds to repair structural <br />damage and to maintain Balboa Pier and Newport Pier and their respective plazas; <br />WHEREAS, it is not in the public interest to permit vehicles of excessive size and <br />weight to routinely use Balboa Pier and Newport Pier and their respective plazas; and <br />WHEREAS, use of such vehicles must be prohibited in order to preserve the <br />integrity and life of the City's piers and plazas and to protect the public safety. <br />NOW THEREFORE, the City Council of the City of Newport Beach, California, <br />HEREBY ORDAINS as follows: <br />SECTION 1: Section 17.28.040 of Chapter 17 is hereby deleted. <br />SECTION 2: Section 17.28.045 of Chapter 17 is amended to read as follows: <br />Section 17.28.045 Vehicle Restrictions on Public Piers and Plazas. <br />A. Prohibition: Subject to the exceptions set forth in Subsection C, no person <br />shall, at any time, drive, operate, park or leave standing any motor vehicle on any <br />public pier, including the Newport Pier, McFadden Plaza, Balboa Pier, or Balboa Plaza. <br />B. Light -Duty Commercial Vehicle Defined. For the purpose of this Section, <br />"light -duty commercial vehicle" shall mean any vehicle that does not exceed six <br />thousand (6,000) pounds gross vehicle weight. <br />C. Exceptions. The prohibition set forth in Subsection (A) shall not apply to <br />the following: <br />