HomeMy WebLinkAbout2008-3 - Relocating Chapter 17.28.045 to Chapter 11.08.090 of the Newport Beach Municipal Code Relating to Vehicle Restrictions on Public Piers and PlazasORDINANCE NO. 2008 -3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
RELOCATING CHAPTER 17.28.045 TO CHAPTER
77.08.090 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO VEHICLE
RESTRICTIONS ON PUBLIC PIERS AND PLAZAS
WHEREAS, City staff determined this Chapter was more appropriately
located in Chapter 11.08: Conduct on Beaches and Piers;
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
ordains as follows:
SECTION 1: Section 17.28.045 of the Newport Beach Municipal Code, shall be
relocated to Section 11.08.090 as follows:
11.08.090 Vehicle Restrictions on Public Piers and Plazas.
A. Prohibition. Subject to the exceptions set forth in subsection C, no person
shall, at any time, drive, operate, park or leave standing any motor vehicle
on any public pier, including the Newport Pier, McFadden Plaza, Balboa
Pier, or Balboa Plaza.
B. Light -Duty Commercial Vehicle Defined. For the purpose of this section,
"light -duty commercial vehicle" shall mean any vehicle that does not
exceed six thousand (6,000) pounds gross vehicle weight.
C. Exceptions. The prohibition set forth in subsection A shall not apply to the
following:
1. Light -duty commercial vehicles while discharging or loading
supplies to the concessions and restaurants on the piers between
the hours of six a.m. and eleven a.m.
2. Any City vehicles or vehicles displaying a permit issued by the City
Manager or the Public Works Department.
3. Tenants operating under an existing contract with the City which
provides for delivery access by commercial vehicles.
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.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 8"' day of January, 2008, and
adopted on the 22nd day of January, 2008, by the following vote, to wit:
AYES,
COUNCIL MEMBERS enm R�na;giP.
Webb,Cmrry,Gardner, Mayor Selich
NOES,
COUNCIL MEMBERS None
/_1- i1
COUNCIL MEMBERS None
ATTEST:
il
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2008 -3 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd
day of January 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, 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 23rd day of January 2008.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008 -3 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 26, 2008.
In witness whereof, I have hereunto subscribed my name this.S day of
2008.
City Clerk
City of Newport Beach, California